HomeMy WebLinkAboutOrdinance 1801 (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. 1801 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN
REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT
TO A REVISED PD DISTRICT (ZCO2-04) TO ALLOW THE
CONSTRUCTION OF 14 TWO-BEDROOM APARTMENTS ON A
VACANT 0.92 -ACRE SITE LOCATED AT THE END OF NORTH AVENUE
(MCINNIS PARK APARTMENTS IIB) AND INCORPORATING THE
PREVIOUSLY APPROVED PD DISTRICT ZONING FOR MCINNIS PARK
APARTMENTS I AND II INTO THE NEW PD DISTRICT (APNS: 155 -370 -
PARCEL B, 155-370-07 AND 08, AND 155-251-54)"
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 21st day of April 2003, a
SUMMARY of Ordinance No. 1801 was published as required by City Charter in the MAR1N
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 May. 2003, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
WITNESS my hand and the official
seal of the City of San Rafael this
7th day of May, 2003
JEARA M. LEON INI, City Clerk
ORDINANCE NO. 1801
AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL
PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD
DISTRICT (ZCO2-04) TO ALLOW THE CONSTRUCTION OF 14 TWO-BEDROOM
APARTMENTS ON A VACANT 0.92 -ACRE SITE LOCATED AT THE END OF
NORTH AVENUE (MCINNIS PARK APARTMENTS IIB) AND INCORPORATING
THE PREVIOUSLY APPROVED PD DISTRICT ZONING FOR MCINNIS PARK
APARTMENTS I AND II INTO THE NEW PD DISTRICT
(APNS: 155 -370 -PARCEL B, 155-370-07 AND 08, AND 155-251-54)
WHEREAS, on July 2, 2001, the City Council adopted Ordinance Nos. 1767 and 1768,
which established revised Planned Development (PD) establishing the land use regulations for a
98 -unit apartment complex (McInnis Park Apartments I) and a 42 -unit apartment building
(McInnis Park Apartments II); and
WHEREAS, on December 9, 2002, a Rezoning application was submitted to the
Community Development Department by McInnis Housing Partners requesting a revised PD
District (ZCO2-04) to allow the development of 14 two-bedroom residential apartments on a
vacant 0.92 -acre site, and on January 21, 2003, the application was deemed to be complete for
processing; and
WHEREAS, the proposed project to construct 14 apartments includes changes to the land
boundaries and location of parking spaces for the previously approved PD 1767 and 1768; 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 the proposed addition of 14 two-bedroom, multi -family residential
units as well as to incorporate the existing and previously approved standards for McInnis Park
Apartments I and II, as outlined in Exhibit "A" - (MCInids Park Apartments - Planned
Development District); and
WHEREAS, accompanying applications for an Environmental and Design Review Permit
(ED02-159), a Tentative Map (S02-14) and a Trip Permit (TP02-01) have been submitted and are
being processed concurrently with the Rezoning application, as required by the Zoning
Ordinance; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the proposed project by a separate resolution;
and
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WHEREAS, on March 25, 2003, the San Rafael Planning Commission held a duly -
noticed public hearing on the proposed Rezoning, and recommended that the City Council adopt
the PD rezoning as illustrated in McInnis Park Apartments -- Planned Development District text
attached hereto as Exhibit "A" and incorporated by reference; and
WHEREAS, on April 21, 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 fo 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) 1574, 1767 and 1768 Districts to PD (Planned Development —
Ordinance No. 1801 ) 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 Nos.
155 -370 -Parcel B, 155-370-07 and 08, and 155-251-54, per the legal description attached as
Exhibit `B."
DIVISION 2.
Any development of this property shall be subject to the standards outlined in Exhibit
"A", the McInnis Park Apartments - 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.
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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
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.
0 A ,
ATTEST:
JLVANNE M. LEONCI I, City Clerk
The foregoing Ordinance No 1801 read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 21St day of April, 2003 and ordered passed to print
by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & 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 5t" day of May, 2003.
JE%KNE M.-LEONCES I, City Clerk
3
Exhibit A
McInnis Park Apartments
Planned Development District
McInnis Park Apartments PD Text:
As generally illustrated by the TWM site plan for Phase I, lI and 11-13, the McInnis Park
Apartments zoning allows and requires the following:
1. PURPOSE OF PLANNED DEVELOPMENT DISTRICT
a. The purpose of the Planned Development District for 98 units (Phase 1), 42 units (Phase
II) and 14 multi -family residential units (Phase H -B) with an expected total of 154 units
is to regulate the development of a 5.5 acre (Phase 1), 2.57 acre (Phase H) and 0.92 acre
parcel totaling 8.99 acres 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:
b. To promote clustered development within an appropriate area of the site.
c. To develop innovative design and site planning for the 154 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.
d. To maintain the natural features of the hillside in the rear of the parcel.
2. LAND USE REGULATIONS
Up to 154 multi -family residential units, consistent with the San Rafael General Plan
Medium Density Residential designation. 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
Home occupations; Small residential care facilities for 0-6 handicapped residents, if all
other local and State requirements can be met; Small residential care facilities for 0-6
residents, if all other local and State requirements can be met; Small family day care
home for 0-6 children or adults, if all other local and State requirements can be met;
Accessory structures and uses customarily incidental to a permitted use and contained on
the same site.
b. Conditional Uses
None
3. DEVELOPMENT STANDARDS
The 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. Maximum Lot Coverage
The maximum lot coverage for the 154 units is 26%.
Exhibit A-1
Exhibit A
b. P.M. Peak Trips
No additional P.M. peak hour trips are associated with the site. Phase II -B required
twelve P.M. peak hour trips for 14 units and Phase H required 36 P.M. peak hour trips
for the 42 units.
c. Minimum Yards
1. Setbacks are measured from parcel boundaries and are generally at least 10 feet.
2. The minimum distance between residential structures shall be at least 10 feet on
the 14 units and 15 feet on the 42 units.
3. Exclusions to the required minimum yards shall be consistent with Section
14.16.130 of the San Rafael Zoning Ordinance.
d. Maximum Building Height
The maximum building height is 36 feet as defined by the Uniform Building Code.
e. Minimum Usable Outdoor Area
The private outdoor area per unit averages 83 square feet.
L Parking
The project shall provide 307 parking spaces that will be shared between the different
phases. The cross parking arrangements are done in this fashion to allow for each
building to have parking spaces closest to the building even if it is on a different parcel.
g. Landscaping
The amount of the open space including irrigated and natural open space is
approximately 4.05 acres or 45% of the lot area of 8.99 acres.
4. EXHIBITS
Refer to the Overall Project Site Plan proposed for Phase B — Sheet B, prepared by TWM,
revised 01/16/03. All other exhibits required are on file with the Planning Department.
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.
Exhibit A-2
Exhibit A
c. 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 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.
The PD is intended to be similar to the regulations of the NM (Multi -family Residential, 1 unit
per 2,000 square feet) District. The only variation in the McInnis Park Apartments 1I-13 PD
regulations as compared to the MR2 regulations is that the yards are sometimes less than the
MR2 minimums.
Exhibit A-3
Exhibit B
LEGAL DESCRIPTION
MCINNIS PARK APARTNfENTS
PARCELS 1, 2, AND 2B
A parcel of land being a portion of Lot 5B as shown on that Parcel Map titled "PARCEL MAP OF
LOT 5B of "Parcel Map of Lot Line Adjustment — Lots 5, 12 & Parcel C, Smith Ranch — Northerly
Portion — 17RM39 — 21PM88" — 23PM46", situate in the City of San Rafael, County of Marin, State
of California, Recorded in Book 24 of Parcel Maps, at Page 36, Marin County Records; also being
a portion of Parcels B, F, and G, as shown on the "Map of SMITH RANCH HOMES a
Condominium Being a Resubdivision of Lots 5 & 12 of Smith Ranch - Northerly Portion-17RM39
- 21PM88 - 23PM46", situate in the City of San Rafael, County of Marin, State of California,
Recorded in Book 20 of Maps, at Page 58, and more particularly described as follows:
BEGINNING at a point on the westerly right of way line of Silveira Parkway, as shown on said
aforementioned 24PM-36, said point of beginning being at the northerly end of a 2677.78 foot radius
curve, the radius point of which bears South 82°2336" West; Thence, leaving said westerly Silveira
right of way, and along the southwesterly line of said Lot 5B, the following courses and distances:
North 33000'00" West 320.96 feet, North 74°00'00" West 86.85 feet, South 70000'00" West 175.00
feet, North 41000'00" West 160.00 feet, North 8°00'00" West 295.00 feet, and North 29000'00" West
120.00 feet to the most southerly corner of the aforementioned Parcel F (20M58); Thence, along the
southwesterly line of said Parcels F and G, North 79°17'08" West 226.66 feet; Thence, North
58010'58" West 334.77 feet; Thence, North 27°3648" West 61.70 feet, to the most westerly point
of said Parcel G; Thence, along the westerly line of said Parcel G, North 40°30'00" East 122.60 feet;
Thence, leaving said westerly line, South 49°30'00" East 23.00 feet; Thence, North 40°30'00" East
155.34 feet to a point on the northeasterly line of said aforementioned Parcel B (20M58); Thence,
along said northeasterly line, South 4810436" East 216.72 feet and South 51°2836" East 313.14 feet
to the most northerly point of said aforementioned Lot 5B (24PM36); Thence, Along the
northeasterly line of said Lot 5B, South 51 °2836" East 772.00 feet to a point on the westerly right
of way line of said aforementioned Silveira Parkway; Thence, along said westerly right of way,
South 3°24'24" West 107.59 feet and South 73624" West 295.37 feet to the TRITE POINT OF
BEGINNING, and containing 9.005 acres more or less.
Q�pfESS;;
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Exhibit B-1
ORDINANCE NO. 1801
AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL
PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD
DISTRICT (ZCO2-04) TO ALLOW THE CONSTRUCTION OF 14 TWO-BEDROOM
APARTMENTS ON A VACANT 0.92 -ACRE SITE LOCATED AT THE END OF
NORTH AVENUE (MCINNIS PARK APARTMENTS IIB) AND INCORPORATING
THE PREVIOUSLY APPROVED PD DISTRICT ZONING FOR MCINNIS PARK
APARTMENTS I AND II INTO THE NEW PD DISTRICT
(APNS: 155 -370 -PARCEL B, 155-370-07 AND 08, AND 155-251-54)
WHEREAS, on July 2, 2001, the City Council adopted Ordinance Nos. 1767 and 1768,
which established revised Planned Delopment (PD) establishing the land use regulations for a
98 -unit apartment complex (McInnis P partments 1) and a 42 -unit apartment building
(McInnis Park Apartments II); and
WHEREAS, on December 9, 2002, a Rezoning application was submitted to the
Community Development Department by McInnis Housing Partners requesting a revised PD
District (ZCO2-04) to allow the development of 14 two-bedroom residential apartments on a
vacant 0.92 -acre site, and on January, 21, 2003, the application was deemed to be complete for
processing; and
WHEREAS, the proposed projectlo construct 14 apartments includes changes to the land
boundaries and location of parking spaces for the previously approved PD 1767 and 1768; 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 the proposed addition of 14 two-bedroom, multi -family residential
units as well as to incorporate the existing and previously approved standards for McInnis Park
Apartments I and II, as outlined in Exhibit "A" - (Mclnnis�ParkApartments - Planned
Development District); and
WHEREAS, accompanying applications for an Environmental and Design Review Permit
(ED02-159), a Tentative Map (S02-14) and a Trip Permit (TP02-01) have been submitted and are
being processed concurrently with the Rezoning application, as required by the Zoning
Ordinance; and
WHEREAS, the City Council has adopted a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the proposed project by a separate resolution;
and
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