HomeMy WebLinkAboutOrdinance 1877 (45 Happy Lane Zoning)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, 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. 1877 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN
AMENDMENT TO THE ZONING MAP (ZC08-001), ADOPTED BY REFERENCE BY SECTION
14.01.020 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, CALIFORNIA, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM SINGLE-FAMILY RESIDENTIAL R2a-H
DISTRICT TO SINGLE-FAMILY RESIDENTIAL R20 DISTRICT FOR THE RESIDENTIAL
REZONE AND TWO -LOT SPLIT PROJECT AT 45 HAPPY LANE; APN 010-011-53
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 21 st day of September, 2009,
a SUMMARY of Ordinance No. 1877 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 October, 2009 by the following vote, to wit:
AYES
COUNCILMEMBERS:
Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
WITNESS my hand and the official
seal of the City of San Rafael this
7`h day of October, 2009
ESTHER C. BEIRNE
City Clerk
SUMMARY OF ORDINANCE NO. 1877
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP
(ZC08-001), ADOPTED BY REFERENCE BY SECTION 14.01.020 OF
THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL,
CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL
PROPERTY FROM SINGLE-FAMILY RESIDENTIAL R2a-H
DISTRICT TO SINGLE-FAMILY RESIDENTIAL R20 DISTRICT FOR
THE RESIDENTIAL REZONE AND TWO -LOT SPLIT PROJECT AT
45 HAPPY LANE; APN 010-011-53
The City of San Rafael Zoning Map, adopted by reference in section 14.01.020 of the
San Rafael Municipal Code is being amended by the San Rafael City Council as detailed in the
complete text and accompanying maps of Ordinance No. 1877. For a copy of the complete text
of the Ordinance amending the Municipal Code, please contact the City Clerk at (415) 485-3066
or the Planning Department at (415) 485-3085. Copies of the Ordinance containing this
Municipal Code amendment are also available for public review at the San Rafael City Clerk's
Office, 1400 Fifth Avenue, 2"d Floor, Room 209 during regular business hours, 8:30 a.m. to 5:00
p.m.
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
The Ordinance amends the Zoning Map of the City of San Rafael to reclassify certain property,
known as 45 Happy Lane Tentative Map, Parcel 1, San Rafael, CA (part of AP No. 010-011-53),
as more particularly described in the Ordinance, from the R2a-H (Single-family Residential, 2
acre minimum lot size, Hillside overlay) district to the R20 (Single-family Residential, 20,000
sq. ft. min. lot size) district. This amendment establishes the appropriate zoning district
designation for a proposed 0.777 acre parcel.
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.
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 the adoption,
together with the names of the Councilmembers 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
Councilmembers voting for and against the Ordinance.
AL 3ERy J. BaOR, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1877 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, September 21, 2009, and was ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller, 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 Monday, October 5, 2009.
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ESTHER C. BEIRNE, City Clerk
ORDINANCE NO. 1877
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP
(ZC08-001), ADOPTED BY REFERENCE BY SECTION 14.01.020 OF
THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM SINGLE-FAMILY
RESIDENTIAL R2a-H DISTRICT TO SINGLE-FAMILY RESIDENTIAL
R20 DISTRICT FOR THE RESIDENTIAL REZONE AND TWO -LOT
SPLIT PROJECT AT 45 HAPPY LANE; APN 010-011-53
WHEREAS, on March 21, 2008, an application was submitted by James
and Barbara Breitmayer to the Community Development Department requesting
approval of a rezoning (ZC08-001) for a 4.24 acre single-family residential
property at 45 Happy Lane; and
WHEREAS, the Zone Change request was accompanied by related
project entitlements including a Subdivision (S08-004), Environmental and
Design Review (ED09-015), and Exception (EX09-005) request to split an
existing hillside residential lot into two parcels; and
WHEREAS, the Zone Change request would apply to proposed Parcel 1,
a developed residential property, re -designating the property from R2a-H to R20
in order to accommodate a 0.77 -acre parcel size with 11 % average lot slope;
and
WHEREAS, the proposed Parcel 2 would retain R2a-H zoning for the
remaining 3.46 acre vacant hillside portion of the site, with 41% average lot
slope; and
WHEREAS, upon review of the subject applications an Initial
Study/Mitigated Negative Declaration was prepared consistent with the
requirements of the California Environmental Quality Act (CEQA), which
analyzed the potential environmental impacts of the project and identified
potentially significant impacts for Air Quality, Cultural Resources, Geology and
Soils and Transportation and Traffic. The project impacts would be mitigated to
less -than -significant levels through implementation of recommended mitigation
measures that have been incorporated into project conditions of approval; and
WHEREAS, on August 25, 2009 the San Rafael Planning Commission
held a duly -noticed public hearing on the proposed Mitigated Negative
Declaration, Zone Change and related project entitlements, accepting all oral
and written public testimony and the written report of the Community
Development Department staff; and
WHEREAS, the Planning Commission recommended to the City Council
approval of the Mitigated Negative Declaration by Resolution No. 09-07, and
recommended to the City Council approval of the Rezoning by Resolution No.
09-08; and
WHEREAS, on September 21, 2009 the City Council held a duly -noticed
public hearing on the proposed Mitigated Negative Declaration, Zone Change
and related project entitlements, accepting all oral and written public testimony
and the written report of the Community Development Department staff;
WHEREAS, on September 21, 2009 the City Council, by separate
resolution, adopted the Mitigated Negative Declaration for the project; and
WHEREAS, The City Council makes the following findings of fact for
rezoning as required under Zoning Code Sections 14.27.060:
A. The proposed amendment is consistent in principle with the General Plan
setting as detailed in the General Plan 2020 Consistency Table prepared for
the project in that the rezoning of Parcel 1 to the R20 District would
accommodate subdivision and development of the 4.24 -acre parcel at the
minimum General Plan 2020 Hillside Residential land use designation density
range of 0.5 units per acre.
B. The public health, safety and general welfare are served by the adoption of
the proposed amendment in that the rezoning designation requires
appropriate sized parcels that are in harmony with the neighborhood, can be
properly served by roads and utilities, respect surrounding neighborhood
character and constraints, preserves the adjacent hillside and provides a
good transition from the higher density R5 lots to open space lands above
and west of the site.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of San
Rafael ordains 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 be amended to reclassify
real property from R2a-H District to R20 District. Said property so classified is
located at 45 Happy Lane, San Rafael, as shown on that portion of County
Assessors Parcel Number 010-011-53, and as further described per the property
legal description attached as Exhibit "A" and as shown on the tentative parcel
map for 45 Happy Lane depicting Parcel 1, attached as Exhibit "B" and the draft
zoning map attached as Exhibit "C".
DIVISION 2. 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,
2
sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 3. 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 the adoption, together with the names of those Councilmembers
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 Councilmembers voting for or against the Ordinance.
v ALBE J. BORO, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1877 was read and introduced at a regular
meeting of the City Council of the City of San Rafael on Monday, the 21St day of
September, 2009, and was ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & 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 5th day of October, 2009.
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Esther C. Beirne, City Clerk
3
Oberkamper & Associates
Civil Engineers, Inc.
EXHIBIT A
Legal Description
Rezoning Parcell
45 Happy Lane Tentative Map
San Rafael, California
September 2, 2009
Job No. 07113
All that certain real property situate in the City of San Rafael, County of Marin, State of California, more particularly
described as follows:
Beginning at a point on the southeasterly line of the property described in the deed from Prescott to Murphy, recorded
in Book 438 of Official Records at Page 264, Marin County Records, said point being a 1 1/2 inch iron pipe marking
the most easterly corner of the property described in the deed from Richard A. Murphy et ux to the San Rafael School
District of Marin County by deed dated December 28, 1950 and recorded in Book 676 of Official Records at Page 220,
Marin County Records, said point also being the most southerly corner of Parcel F as described in Document
86035081, Marin County Records; thence along the common boundary of the San RafaelSchool District, Lands of
Murphy and Parcel F, North 50°05'24" West, 253.70 feet to the northwesterly boundary of Lands of Murphy and
Parcel F; thence along said boundary of Lands of Murphy and Parcel F, North 38"23'36" East, 204.00 feet; thence
leaving said boundary of Lands of Murphy and Parcel F, South 5444'03" East, 81.37 feet to an angle point in the
boundary of said Parcel F; thence along the boundary of said Parcel F the following courses, South 70°50'24" East,
9.00 feet; thence South 19°09'36" West 68.70 feet; thence South 68°07'39" East, 91.69 feet; thence southerly along a
curve concave to the East, having a radial bearing of South 68°07'39" East and a radius of 161.66 feet, through a
central angle of 13°04'37", for a distance of 36.90 feet; thence North 51°38' 14" West, 85.69 feet; thence South
38'21'46" West, 28.50 feet; thence South 51`38' 14" East, 9.97 feet; thence south 36°05'46" West, 70.15 feet; thence
South 53'54'14" East, 110.22 feet; thence southerly along a curve concave to the Northwest having a radial bearing of
North 58-'59'50" West and a radius of 201.66 feet, through a central angle of 7°23'26", for a distance of 26.01 feet to
the boundary of said Lands of Murphy; thence along the boundary of said Lands of Murphy and said Parcel F, Sbuth
38`23'36" West, 25.29 feet to the point of beginning.
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EXHIBIT B
HAPPY LANE TENTATIVE MAP
PARCEL 1
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EXHIBIT C
RE -ZONING EXHIBIT
45 HAPPY LANE (PARCEL 1) REZONING FROM R2a-H TO R-20
Oberkamper & Associates
Civil Engineers, Inc.
ATTACHMENT 3
Draft Rezoning Ordinance
EXHIBIT A
Legal Description
Rezoning Parcel 1
45 Happy Lane Tentative Map
San Rafael, California
September 2, 2009
Job No. 07113
All that certain real property situate in the City of San Rafael, County of Marin, State of
California, more particularly described as follows:
Beginning at a point on the southeasterly line of the property described in the deed from Prescott
to Murphy, recorded in Book 438 of Official Records at Page 264, Marin County Records, said
point being a 1 1'2 inch iron pipe marking the most easterly corner of the property described in
the deed from Richard A. Murphy et ux to the San Rafael School District of Marin County by
deed dated December 28, 1950 and recorded in Book 676 of Official Records at Page 220, Marin
County Records, said point also being the most southerly corner of Parcel F as described in
Document 86035081, Marin County Records; thence along the common boundary of the San
Rafael School District, Lands of Murphy and Parcel F, North 50°05'24" West, 253.70 feet to the
northwesterly boundary of Lands of Murphy and Parcel F; thence along said boundary of Lands
of Murphy and Parcel F, North 38°23'36" East, 204.00 feet; thence leaving said boundary of
Lands of Murphy and Parcel F, South 54°44'03" East, 81.37 feet to an angle point in the
boundary of said Parcel F; thence along the boundary of said Parcel F the following courses,
South 70°50'24" East, 9.00 feet; thence South 19°09'36" West 68.70 feet; thence South
68°07'39" East, 91.69 feet; thence southerly along a curve concave to the East, having a radial
bearing of South 68°07'39" East and a radius of 161.66 feet, through a central angle of
13°04'37", for a distance of 36.90 feet; thence North 51°38'14" West, 85.69 feet; thence South
38°21'46" West, 28.50 feet; thence South 51 °38' 14" East, 9.97 feet; thence south 36°05'46"
West, 70.15 feet; thence South 53'54'14" East, 110.22 feet; thence southerly along a curve
concave to the Northwest, having a radial bearing of North 58°59'50" West and a radius of
201.66 feet, through a central angle of 7°23'26", for a distance of 26.01 feet to the boundary of
said Lands of Murphy; thence along the boundary of said Lands of Murphy and said Parcel F,
South 38°23'36" West, 25.29 feet to the point of beginning.
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ATTACHMENT 3 Draft Rezoning Ordinance
45 Happy Lane Project
ATTACHMENT
Draft Rezoning Ordinance
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EXHIBIT B
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ATTACHMENT 3
Draft Rezoning Ordinance
EXHIBIT C
REZONING FROM R2a-H TO R-20
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ATT.4CHMENT 3 —Draft Rezoning Ordinance
45 Happy Lane Project