HomeMy WebLinkAboutOrdinance 1768 (McInnis Park Apartments)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. 1768 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 14.01.020 OF THE MUNICIPAL CODE OF SAN
RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY
FROM PLANNED DEVELOPMENT (PD) DISTRICT TO PLANNED
DEVELOPMENT (PD) DISTRICT (PD ORDINANCE NO. 1768) TO ALLOW A
42 -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT THE
END OF NORTH AVENUE (MCINNIS PARK APARTMENTS II) (APNs 155-370-
07 & 155-370-08)"
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 18th day of June. 2001, a
SUMMARY of Ordinance No. 1768 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 2nd day of July, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
3rd day of July, 2001
(Seal)
JE M. LEONGM, City Clerk
ORDINANCE NO. 1768
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF
THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION
14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD)
DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT (PD ORDINANCE NO. 1768 )
TO ALLOW A 42 -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT
THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS II)
(APNs 155-370-07 & 155-370-08)
WHEREAS, on October 19, 2000, planning applications were submitted by MHPII to
the Community Development Department, Planning Division requesting a Planned Development
District approval (ZC00-13) for development of a 2.2 -acre parcel with 42 multi -family residential
units; and
WHEREAS, on December 14, 2000, the applications were deemed to be complete for
processing by the Community Development Department, Planning Division; and
WHEREAS, the current Planned Development (PD) District zoning for this 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 development of 42 multi -family residential units on this 2.2 -acre site,
as outlined in Exhibit "A" - (McInnis Park Apartments II - Planned Development District)
attached hereto and incorporated by reference; and
WHEREAS, accompanying applications for an Environmental and Design Review
Permit, Parcel Map, and Trip Permit have been submitted and processed concurrently with the
Rezoning application, as required by the City's Zoning Ordinance, and has been recommended
for approval by adoption of a separate resolution; and
WHEREAS, upon review of the subject applications an Initial Study/Mitigated Negative
Declaration was prepared for the project consistent with the requirements of the California
Environmental Quality Act (CEQA). The San Rafael City Council has adopted the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program for the project by
adoption of a separate resolution; and
WHEREAS, on May 15, 2001, the San Rafael Planning Commission held a duly -noticed public
hearing on the proposed Rezoning, as required by State law, and considered all written
correspondence, verbal testimony and the staff reports relevant to the proposal. The Planning
Commission on a 5-0-1 vote (Commissioner Scott absent) adopted Resolution No. 01-21,
recommending that the City Council adopt the PD rezoning with revisions to Sections 2, 2A, 3D,
3E, and the addition of Section 5, which have been incorporated as revisions to the McInnis Park
Apartments II— Planned Development District document attached hereto as Exhibit "A" and
incorporated by reference; and
WHEREAS, on June 18, 2001, the San Rafael City Council held a duly -noticed hearing
on the proposed Rezoning as required by State law and has considered written correspondence,
verbal testimony, and staff reports relevant to the proposed amendment.
WHEREAS, the San Rafael City Council adopts the Planned Development (PD) District
Rezoning based on the following findings, as required under Zoning Ordinance Sections
14.27.060 and 14.07.090:
The Development Plan, as modified, is consistent in principle with the San Rafael General Plan
2000, adopted neighborhood plans and other applicable City plans or policies in that, the McInnis
Park Apartments II - Planned Development District document includes appropriate development
standards, and is subject to an Environmental and Design Review Permit, implementing the
intent of Chapter 25 of the San Rafael Zoning Ordinance, the applicable General Plan land use
policies, including Land Use Policies: LU -1 Timing of Development, LU -9e Medium Density
Residential Land Use Category, LU- 1Ob Residential Density Bonus, LU -12 Master Plan Zoning,
LU -19 Design Approach, LU -20 Overall City Character, LU -21 Building Heights, LU -22 Bay
and Hillside Views, LU -27 Apartment Recreation Standards, LU -29 Tree Preservation, LU -32
Water Conservation, LU -34 Residential Site Design, LU -35 Project Design Considerations, LU -
36 Additional Community Design Map Considerations, LU -48 Fire and Police Services, LU -51
Water and Sewer Facilities, LU -55 Odor Impacts; Circulation Policies: C-1 Level of Service, C-2
Level of Service Midpoint, C -3c Timing of Development, C-4 Trip Allocations, C-6 Bonus
Trips, C-7 Projects in Circulation Impacted Area, and C-18 Area Transportation Improvement
Programs; Housing Policy: H-15 Future Development, H-17 Quality Affordable Housing, H-19
Below Mark Rate Housing in Market Rate Residential Projects, H-20 Affordable Housing
Projects, H-22 Rent and Income Restrictions on Rental BMR Units, H-35 Rental Housing;
Recreation Policies: R-4 New Development, R-5 Onsite Recreational Facilities, and R-14 Trails;
Natural Environment Policies: NE -6 Access to Open Space, NE -13 Protection of Environmental
Resources, NE -20 Preservation of Hillsides, and NE -23 Archaeological Studies; Health and
Safety Policies: S-1 Location of Future Development, S-3 Use of Hazard Maps in Development
Review, S-4 Geotechnical Review, S-5 Soils and Geologic Review, S-6 Minimize Geological
Hazards, and S-24 Access for Emergency Vehicles; Noise Policies: N-1 Land Use Compatibility
Standards, N-2 New Construction, N-7 Interior Noise Standards; and Special Residential
Neighborhood Policies: RES -1 Development in Residential Neighborhoods.
Furthermore, the project is consistent with the following policies of the North San Rafael Vision
Plan: Natural Environment: Action C.1 Provide opportunities for people to enjoy the natural
environment; and Homes for a Variety of People: Action A.1 - Identify opportunities for
development of housing on vacant or underutilized land.
2. The multi -family residential development constitutes a residential development of sustained
desirability and stability in harmony with the character of the surrounding neighborhood, and
where applicable, adequate open space has been provided in that the development proposes
design standards that consider the hillside setting, bordering open space, and the surrounding
multi -family residential development, and maintains 51 percent of the site as undisturbed area.
3. The applicant has demonstrated that public facilities are provided to serve the anticipated
population given that sewer, water and refuse services are available to serve the in -fill
2
development, and proposed drainage improvements to the existing system would ensure adequate
site drainage.
4. The development is improved by deviations from typical Zoning Ordinance property
development and parking standards in that the project provides development areas which
minimize visual, grading and tree removal impacts on the site.
5. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and
public safety, and secondary emergency vehicle access from North Redwood Drive and Deer
Valley Road is maintained to serve this proposed development given that site access is provided
to the site from existing City roadways, the access and site layout has been reviewed by the
appropriate City Departments and has been determined to meet City standards, and guest parking
would be provided on an adjacent site in compliance with all relevant City development
standards.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER 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) District to PD (Planned Development — Ordinance No. 1768
District. Said property so reclassified is located west of the intersection of Silveira Parkway and
North Avenue, San Rafael, as shown on County Assessor's Parcel No. 155-370-07 & 155-370-
08, per legal description attached as Exhibit `B."
DIVISION 2. Any development of this property shall be subject to the conditions outlined
Exhibit "A", the McInnis Park Apartments II - 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 Councilmembers voting for or against same, in the Marin County
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 an against the Ordinance.
AMBER. BORO, N Payor
Attest:
JEt'�MM. 22NOM, City Clerk
The foregoing Ordinance Number 1768 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on the 18th day of June, 2001 , and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEM 3ERS:
ABSENT: COUNCILMEM 3ERS:
Cohen, Heller, Miller, Phillips and Mayor Boro
None
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 on the 2°a day of Julv, 2001
J M. LEON I I, City Clerk
4
Exhibit A
McInnis Park Apartments II
Planned Development District
1) PURPOSE OF PLANNED DEVELOPMENT DISTRICT
The purpose of the Planned Development District for 42 multi -family residential units is to regulate
the development of a 2.283 -acre parcel located at the end of North Avenue. The PD District zoning
classification will ensure the development of the site in accordance with the provisions of the
property development regulations. The intent of the PD District is to accomplish the following:
A) To promote clustered development within an appropriate area of the site.
B) To develop innovative design and site planning for the 42 unit multi -family residential
complex and to establish flexible development and design standards that will provide an
integral approach to a functional and aesthetically pleasing development plan.
C) To maintain the natural features of the hillside in the rear of the parcel.
2) LAND USE REGULATIONS
Up to 42 multi -family residential units, consistent with the San Rafael General Plan Medium
Density Residential designation as augmented by a density bonus and Trip Permit in recognition for
at least 9 of the 42 units being affordable: 2 for moderate income households, 4 for low-income
households and 3 for very low-income households. Uses ancillary to the multi -family residential
uses such as recreational, parking and open space improvements shall be permitted consistent with
the approved Environmental and Design Review for the project.
A) Other Permitted Uses
i) Home occupations;
ii) Small residential care facilities for 0-6 handicapped residents, if all other local and
State requirements can be met;
iii) Small residential care facilities for 0-6 residents, if all other local and State
requirements can be met;
iv) Small family day care home for 0-6 children or adults, if all other local and State
requirements can be met; and
v) Accessory structures and uses customarily incidental to a permitted use and contained
on the same site.
B) Conditional Uses
i) None
3) DEVELOPMENT STANDARDS
The 42 -unit multi -family residential Planned Development shall be developed in conformance with
the development plans, associated drawings and reports submitted with the Planned Development
as listed in the Exhibit section and the development standards set forth below.
A) Minimum Lot Area
McInnis Park Apartments II - Planned Development District
ZC00-12/ED00-1311S00-1 JITP00-03 Page A-1
Exhibit A
i) 2.283 acres
ii) No further subdivision of the parcel as shown on the Tentative Map, to allow for the
creation of additional building sites shall be permitted.
B) Maximum Lot Coverage
The maximum lot coverage is 0.577 acres (25.28%) of which 0.412 acres is for buildings and
0.165 acres is for carports
C) P.M. Peak Trips
The General Plan Appendix B identifies that this site is assigned 18 P.M. peak hour trips.
The project is estimated to generate a total of 36 P.M. peak hour trips, and therefore, would
require the securing of 18 P.M. peak hour trips from the General Plan affordable housing
reserve through a Trip Permit.
D) Minimum Yards
i) The minimum yards shall be consistent with the approved site plan for the project.
Since the project is not adjacent to any public right-of-way, setbacks are measured from
parcel boundaries and are generally at least 10 feet.
ii) The minimum distance between residential structures shall be at least 15 feet.
iii) Exclusions to the required minimum yards shall be consistent with Section 14.16.130
of the San Rafael Zoning Ordinance.
E) Maximum Building Height
The maximum building height is 36 feet as defined by the Uniform Building Code.
F) Minimum Usable Outdoor Area
The private outdoor area per unit averages 90 square feet and was derived as follows:
i) Units A & B (81 square feet patios x 8 units) + (101 square feet balcony x 16 units) _
2,264
ii) Unit C (73 square feet patio x 7 units) + (91 square feet balcony x 11 units) = 1,512
In addition, the patio and first floor clubhouse area totals 2,940 square feet or, an average
of 70 square feet per unit. The walking path and bench area on the hillside are estimated to
be 2,400 square feet of common outdoor area, which is another 57 square feet per unit. As
such the totals are:
i) Private patio or deck 90 square feet per unit
ii) Clubhouse & Common area patio 70 square feet per unit
iii) Hillside path and bench 57 square feet per unit
G) Parking
The project shall meet City standards for on-site resident parking requirements of 1.5 spaces
for each one -bedroom unit and 2.0 spaces for each two-bedroom unit. Guest spaces may be
located at the westerly end of the adjacent McImiis Park Apartments I complex consistent
McInnis Park Aparhnents II - Planned Development District
ZC00-121ED00-131 /500-11ITP00-03 Page A-2
Exhibit A
with the environmental review for the project and upon securing an easement for the guest
parking from the owners of the adjacent property.
H) Landscaping
The amount of the open space including irrigated and natural open space is 1.164 acres or
50.98% of the lot area.
1) Preservation of Trees
The project is proposed to be located primarily on the already -graded portion of the site, with
minor grading into the toe of the slope south of the proposed apartments. As a result of that
grading, a few young trees will be removed from the otherwise heavily wooded slope
behind/south of the proposed apartments. Trees to be removed include the following:
(a) 2 low branching bushy clumps of Quercus agrifolia 12-15' high;
(b) 2 young tree trunk standards of Quercus agrifolia, 12-15' high;
(c) 1 skinny Madrone, 15' high;
(d) 2 low branching bushy clumps of Madrones, 12'high; and
(e) 1 Quercus lobata, 12'high
The landscaping plan includes the planting of sufficient new trees to mitigate the loss of 8
young trees at the toe of the slope.
All other natural trees and landscaping trees on the site, except for those identified above shall
not be removed without an Environmental Design Review Permit.
J) Circulation
Access is via an extension of North Avenue, a private roadway off of Silveira Parkway,
through the existing McInnis Park Apartments I. A secondary emergency access is provided
on the northwestern corner of the parking lot onto North Avenue.
K) Grading
Grading will be minimal since the building will be located in an area previously graded.
Most of the grading will be for the purpose of building the retaining wall that will cut into
the toe of the slope It is estimated that 6,900 cubic yards will be excavated, of which 3300
cubic yards will be used for fill and 3,600 cubic yards will be exported. (Refer to grading
and drainage plan) Standard grading conditions will apply.
4) EXHIBITS
Exhibits on file with the Planning Department include the following:
A) Architectural Site Plans and Sections, James Guthrie, 1/25/01
B) Civil Engineering Drawings, Lee Oberkamper & Assoc. revised 1/24/01
C) Landscape Plan, Pedersen & Assoc. 1/30/01
McInnis Park Apartments II - Planned Development District
ZC00-121ED00-1311500-111TP00-03 Page A-3
Exhibit A
5) AMENDMENTS
A) 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.
B) 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 and identified in Section 5.0 of this PD text. Intensification of residential units,
traffic allocation, building height, reduction in parking, or other changes shall be determined
to be major and be subject to paragraph Section 5.A of the PD text
C) If changes are determined to be minor by the Community Development Director, the
following process shall be established:
i) 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
Planning 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.
ii) 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.
McInnis Park Apartments II - Planned Development District
ZC00-121ED00-131 /500-11ITP00-03 Page A-4
Exhibit B
Legal Description
All that certain real property situated in the City of San Rafael, County of Marin, State of
California, more particularly described as follows:
Parcels F and G as shown on that certain map entitled "Map of Smith Ranch Homes" recorded
January 5, 1989 in Volume 20 of Maps at page 58, Marin County Records.
McInnis Park Apartments II - Planned Development District
ZC00-121ED00-131/S00-I JITP00-03 Page B-1