Loading...
HomeMy WebLinkAboutOrdinance 1808 (374 Margarita Drive)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. 1808 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD DISTRICT (ZCO2-003) WITH SPECIFIC SINGLE- FAMILY DEVELOPMENT FOR A TWO -LOT SUBDIVISION OF A 13.88 - ACRE PARCEL LOCATED AT 374 MARGARITA DRIVE (APN:015-250- 56)" 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 4th day of August, 2003, a SUMMARY of Ordinance No. 1808 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 18th day of August, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 21st day of August, 2003 JEA*I TE M. LEONCiNI, City Clerk ORDINANCE NO. 1808 AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD DISTRICT (ZCO2-003) WITH SPECIFIC SINGLE-FAMILY DEVELOPMENT FOR A TWO -LOT SUBDIVISION OF A 13.88 -ACRE PARCEL LOCATED AT 374 MARGARITA DRIVE (APN: 015-250-56) WHEREAS, the current Planned Development (PD) District zoning for the project site does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of the Zoning Ordinance. Rezoning has been initiated to establish the required development standards for the proposed two -lot subdivision and 6,500 -square -foot single-family home; and WHEREAS, upon review of the subject applications an Initial Study/Negative Declaration was prepared for the project consistent with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has adopted a Negative Declaration for the proposed project by a separate resolution; and WHEREAS, on June 24, 2003, the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Rezoning, and recommended that the City Council adopt the Planned Development (PD) District Rezoning to establish a new PD District as outlined in Exhibit "A" (Margarita View Estates — Planned Development District) and incorporated by reference; and WHEREAS, on August 4, 2003, the San Rafael City Council held a duly -noticed public hearing on the proposed Rezoning, accepting all oral and written public testimony, the recommendation of the Planning Commission, and the written report of the Community Development Department staff. NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN RAFAEL DOES 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 PD (Planned Development) to PD (Planned Development — Ordinance No. 1808 District. Said property so reclassified is located at 374 Margarita Drive, San Rafael, as shown on County Assessor's Parcel Nos. 015-250-56, per the legal description attached as Exhibit "B." 0'-6 ORIGIN& P `!6 DIVISION 2. Any development of this property shall be subject to the standards outlined in Exhibit "A", the Margarita View Estates — Planned Development District 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 section, subsection, sentence, clause, or phrase be declared invalid. DIVISION 4. 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. This 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 adoption, together with the names of the Council members voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. 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 Council members voting for or against the Ordinance. ATTEST: JEANgE M. LEONCM, City Clerk 2 �9 BEST J. BOW, Mayor The foregoing Ordinance No 1808 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 4th day of August, 2003 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips 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 18th day of August, 2003. JEAAf M. LEONC , City Clerk Exhibit A Margarita View Estates Planned Development District L PURPOSE The project is presently within a Planned Development — Hillside Overlay District (PD -H) containing 13.88 acres. It fronts on Margarita on the South and a private driveway serving 3 residences on the West. The North and upper West sections abut open space. The Natural State Requirement is 85% and the project attains a 92% Natural State. The intent of the project is to comply with the Hillside Design Guideline and Hillside Overlay Zoning District. 2. LOT SIZES The minimum lot sizes are as follows: Lot A 1.05 acres Lot B 12.83 acres Lot line adjustments between adjoining lots will be permitted through the approval process of the City of San Rafael. Such adjustments, if permitted, shall not result in the creation of any additional lots and shall not cause the Natural State requirement of each lot to be exceeded, pursuant to the Hillside Overlay Zoning District Calculation. Lot B could be reduced to a minimum of two -acres if the remaining 10.83 acres was dedicated to the City of San Rafael for open space. 3. BUILDING ENVELOPES "Building Envelopes" and the open space reservation within Lot B are established on the Site Plan prepared by Lawrence Doyle and Associates. Structures requiring permits including buildings, accessory structures, pools, decks and similar facilities shall be constructed only within such "Building Envelopes." No building or accessory structures shall be permitted outside the "Building Envelopes". Landscaping, fencing, driveway and entryway improvements as defined under Section 7 below and indicated on the approved development plan and site utilities and fire protection facilities shall be permitted outside the "Building Envelopes". Improvements in the portions of the lots which are not within the "Building Envelopes" shall be limited to landscaping, gardens, fences, utilities, driveways, drainage facilities and similar uses not requiring a permit. Development within the open space reservation within Lot B shall be limited to vegetation management, fences, extension of utilities, fire protection facilities and drainage improvements as indicated on the Tentative Map. "Building Envelopes" may be adjusted with City approval as appropriate for the type of permit to be issued. Such adjustments shall not cause the Natural State Area to fall below the required percentage. Exhibit A-1 Exhibit A 4. MAXIMUM BUILDING AREA The Maximum Gross Building Area permitted for each lot: Lot A 3,300 sq. ft. Permitted Area Lot B 6,500 sq. ft. Permitted Area 5. MAXIMUM BUILDING HEIGHT The maximum building height is 30 feet as measured vertically from the original existing grade to the uppermost point of the roof edge or peak, wall, parapet, mansard or other feature perpendicular to that grade. 6. MINIMUM REQUIRED PARKING The minimum required parking for Lot A is already existing and established as one covered parking space and two guest parking spaces for the already existing approximately 1500 sq. ft single family home. Any expansion of the home will require two covered parking and two guest parking spaces. The minimum required parking for Lot B is two covered parking and two guest parking spaces. The guest parking spaces may not be located within a garage or in a location that would cause the two required covered spaces to be inaccessible. 7. LANDSCAPING AND FENCING Landscape requirements and fencing standards and details are set forth on the sheets prepared by Ralph Alexander and Associates. 8. VEGETATION MANAGEMENT PLAN The vegetation management plan incorporates all appropriate fire management and defensible space requirements of the San Rafael Fire Department as are appropriate for single-family residences in similar topographic and vegetation areas. The landscaping plan as presented by Ralph Alexander and Associates creates the appropriate buffer zone between the residence and open natural state areas surrounding the residence. 9. ARCHITECTURAL STANDARDS The two residences of Margarita View Estates are specific to their respective lots. Lot A — The existing residence was designed in the clapboard cottage style reminiscent of the early 50's. The topographical restrictions of the sight limit the size of any expansion and remodel of the residence. Due to the size restrictions and the uniqueness of the site the design of the future residence is limited to two "cottage" styles: Shingle sided with a low pitch hip roof system and the traditional "craftsman" style home with gable roof ends. Landscaping shall be designed to soften the impact of the residence on Margarita Drive. Colors shall be muted. Final design review of the project will be controlled by the City of San Rafael Design Review process Exhibit A-2 Exhibit A Lot B — The design consists of a three-level integrated colored stucco home with "terra-cotta" colored barrel tile roofing. Driveway access follows already existing driveway cuts, includes a fire department required radius turn reconstruction, and terminates in a textured motor courtyard. The landscaping plan includes the addition of 59 new trees and is proposed for the immediate perimeter of the residence and framing the driving, leaving the great majority of the property in its natural state. Modifications to approved plans shall be processed by the Zoning Administrator. 10. PERMITTED USES The following uses are permitted consistent with the provisions of the Residential District Land Use Regulations in Chapter 4 of the San Rafael Zoning Code: Single Family Residential Home Occupations Small Family Day Care -Home Accessory Structures and Uses 11. CONDITIONAL USES. None existing. 12. MAINTENANCE OF IMPROVEMENTS There will be no new common facilities established. Each property owner will be responsible for maintaining his/her property. A roadway maintenance agreement does not exist. However, language in the deeds of the properties affected establishes that the "users" are responsible to maintain and improve the roadway. The specific section recorded in each deed states: "It is understood that this easement remains in the ownership of the property on which it is located, and that any expenses required for maintenance or improvements of said roadway will be borne by the users thereof'. No changes are being made to either the driveway or the existing language. 13. AMENDMENTS Request for changes in the content of the approved PD District and development plan shall be treated as a zoning amendment (rezoning). Rezoning shall be heard and decided by the City Council. The procedures for filing and processing a rezoning shall be the same as those established for an initial PD District and development plan application and consistent with Section 14.07 and 14.27 of the San Rafael Zoning Ordinance. a. Minor changes or additions to the PD District may be granted through either an Exception or Environmental and Design Review Permit, as determined by the Community Development Director. b. If changes are determined to be minor by the Community Development Director, the following process shall be established: An Environmental and Design Review Permit shall be required to allow new improvements on the site or minor changes to the architecture of the structure. The Community Development Exhibit A-3 Exhibit A Director shall determine whether the changes are considered Minor Physical Improvements or an Administrative Design Permit. Once determined, the process shall be consistent with Chapter 25 of the San Rafael Zoning Ordinance. If so determined, the Community Development Director may approve, conditionally approve, or deny applications for Environmental and Design Review Permits consistent with the process identified in Chapter 14.25 of the San Rafael Zoning Ordinance. 2. An Exception shall be required to allow flexibility in the application of minor site development regulations. The Community Development Director shall determine whether proposed improvements, changes, or additions to the PD District are minor or incidental and within the intent and objectives of the PD District. If so determined, Community Development Director may approve, conditionally approve, or deny applications for Exceptions consistent with the process identified in Chapter 14.24 of the San Rafael Zoning Ordinance. 14. SUBDIVISION PROHIBITED Further subdivision of either Lot A or Lot B is prohibited, except to facilitate dedication of open space as described in Section 2, lot sizes. Exhibit A-4 . ) ■ XZs t9 � �! W � uanV ms, YZS na fyv� 111'33NVE)313 caunid-mos - 'J(I!IC3 larieN urs ra R-14-lEICI an��p ei��eGieyy p!£ a F - ..x .rn ir r - ' PPAij.' '�aY �'+r."c��ra �:. �' E�ri:'.5•' .y t�'+'P'a+f q Baas 1' � � �� _• 1. �1. �LTC�.��" :ar.=��1�s►�s�:�v�.•�' .r.xsnrf� �_ •. �� �y ts!. ».,,::'i.:c .. ,�l�.z. �. �'a��t�Y.�Sr�. � '•!L� mss" �R� a�l�- ��9" �'1:�� i>.��. 4 �� -• .� ���''-�Z►.'"h:,: a�R+B�.�� ��a„;��r.- _ !�� �11��?��Gai,.5,lj����/�y.l� s Exhibit B Legal Description ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE: Parcel 2, as shown upon that certain Parcel Map entitled "Parcel Map Lands of Cohen -Tarantino and Haver 2592 O.R. 367, 2641 O.R. 574, 628 O.R. 378, 1965 O.R. 6 Ptn. Rancho San Pedro Santa Margarita Y Las Gallinas-San Rafael, Marin Co., California", filed for record November 1, 1977 in Book 14 of Parcel Maps, at Page 48, Marin County Records. PARCEL TWO: An easement for roadway and utility purposes, 20 feet in width, the center line of which is described as follows: Beginning at a point distant South 170 58' West 140 feet and South 77° 00' West 47.33 feet from the true point of beginning of Parcel 1, as described in the Deed from Chester Cohen, et ux, to Chester, Cohen, et ux, recorded December 21, 1972 in Book 2641 of Official Records at Page 574, Marin County Records; thence North 431 31' West 22.97 feet; thence on a curve to the right radius of 71 feet, central angle of 581 57', an arc distance of 72.64 feet; thence North 15° 06' East 39.12 feet; thence on a curve to the right, radius of 140 feet, central angle of 250 21', an arc distance of 61.94 feet; thence North 401 27' East 34.37 feet; thence on a curve to the left, radius of 219 feet central angle of 180 15', an arc distance of 72.05 feet; thence North 210 36' East 115.20 feet to a point in the Westerly line of Parcel One above. PARCEL THREE: A NON-EXCLUSIVE EASEMENT for the installation and use of a sewer line as created in that certain Agreement recorded February 23, 1988, as Instrument No. 88-009750, Marin County Records. Exhibit B-1 Attachment 2 L7 rn n �o d n as n c PROOF OF PUBLICATION (2015.5 C.C.P.) CITY OF SAN RAFAEL STATE OF CALIFORNIA County of Marin SS Proof of Publication of I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the princi- pal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25568; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any suppl, Y t geof on the following dates, to -wit: all in the year 2003. I certify (or declare) under penalty of perjury that the foregoing is true an7Donna ect. Lazants Signature 28 AUG. Dated this...............day of ............................. 2003 PROOF OF PUBLICATION SUMMARY OF ORDINANCE NO. 1808 AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PO DISTRICT (ZCD2-003) Wrc eemnss muri c -mull V ncm noueuT ens I u op somid 91oS •e6joy3 Sups MOM g Ilun 'sexol pun sail i 666'6 L s L060>Z#OI'9Jow pJau!Ipag'punosp''es!nn'Ilii'sl g smapwm Jamod 'Bu!uo!l!puoo J!o'SSV'&Aollo 'aA E'S 'sal!w 31S 0Xit 0091 8vo •Axa "UHS DW 666"&Ls LLLSi 6#'o!l'aiow gm osn'gysmo 'sloopg pwm Jamod'Ja8 'sBogno ap!s luoJ}'SaV Oagloal'iooJuoow Jamod'stopo'BwumW WIVBH3WH X19 IA9 MA 871Via43 nod 77VD 4LZI71# 01 'aJow g'B�id mol'mopu! 1. " !sloes Jarrod 'Sgy'apa oaJals'as!nn'llg'S1ool g 5m 0u!m Jamod u!'uORMuoo J!- '9A 6'9 iiixil as aw ann 009 L 30001 971V100 nold 77W L L LANBY# 'o!l 'eiow g sAollo'Iamuoaw Jamod'Sgt 'punos O7 'asnuo'q!l'sl3ol g smopu!m Jamod'Bu!uog!puoo J!o s Aw X9 amour VaNOH 1 sIlvima a0A 101va L SoLNdW4o# 0oil'aJowssol8Mand 'as!Inn' 'polIs Jarrdaeu4'j'. '3 pJE 4ayloa9!nAV-91-11 irXb VMS 31003 NOLU03ax3 as , 666'16 L $ 99ZA0dA># 'oil 'aJaw g osmn'ilg'slaol g smapulm Jamad'13mlooJ'Ja uog3d5'SaV'sAop6'IboJuoowJamod'Jayloal annv s a nsmod mavens it smiov.L:171a Mom 21,1v3 ranvrvs..•nn' sur 'un'v o JJJ'ounos m'waisk oa.