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HomeMy WebLinkAboutOrdinance 1868 (226 Magnolia Drive)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. 1868 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC07-003) TO RECLASSIFY CERTAIN REAL PROPERTY FROM SINGLE-FAMILY RESIDENTIAL (R -1A) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT AT 226 MAGNOLIA AVENUE, AND RESCINDING ORDINANCE NO. 1730 THAT RECLASSIFIED DOMINICAN UNIVERSITY PROPERTIES AS PART OF THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN APPROVED IN 1998 AND INCORPORATING THOSE PRIOR APPROVED REZONING ACTIONS AS PART OF THIS APPROVAL AT 226 MAGNOLIA AVENUE; APN: 015-121-10" 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 August, 2008, a SUMMARY of Ordinance No. 1868 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 September, 2008, 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 3'd day of September, 2008 A, A� G . zu i2u.c . ESTHER C. BEIRNE City Clerk SUMMARY OF ORDINANCE NO. 1868 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC07- 003) TO RECLASSIFY CERTAIN REAL PROPERTY FROM SINGLE- FAMILY RESIDENTIAL (R -1A) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT AT 226 MAGNOLIA AVENUE AND RESCINDING ORDINANCE NO. 1730 THAT RECLASSIFIED DOMINICAN UNIVERSITY PROPERTIES AS PART OF THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN APPROVED IN 1998 AND INCORPORATING THOSE PRIOR APPROVED REZONING ACTIONS AS PART OF THIS APPROVAL AT 226 MAGNOLIA AVENUE; APN: 015-121-10 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 map of Ordinance No. 1868. 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 as of Wednesday, August 27, 2008, 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 Magnolia House, located at 226 Magnolia Avenue, San Rafael (APN. 015- 121-10), as more particularly described in the Ordinance, from the Single -Family Residential (Rla) District to the Planned Development (PD) District. This amendment permits modifications to the residential structure and property according to the approved Development Plan in order to convert the use from residential to University administrative office use. 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. ALBERI�J. BO , Mayor ATTEST: A-Swc e of - Ret_'_e'u r ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1868 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, August 18, 2008, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller 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 Tuesday, September 2, 2008. ESTHER C. BEIRNE, City Clerk ORDINANCE NO. 1868 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC07-003) TO RECLASSIFY CERTAIN REAL PROPERTY FROM SINGLE-FAMILY RESIDENTIAL (R -1A) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT AT 226 MAGNOLIA AVENUE AND RESCINDING ORDINANCE NO. 1730 THAT RECLASSIFIED DOMINICAN UNIVERSITY PROPERTIES AS PART OF THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN APPROVED IN 1998 AND INCORPORATING THOSE PRIOR APPROVED REZONING ACTIONS AS PART OF THIS APPROVAL AT 226 MAGNOLIA AVENUE; APN: 015-121-10 WHEREAS, on August 17, 1998 Ordinance No. 1730 was adopted by the City Council amending the Zoning Map of the City of San Rafael to rezoning the properties at that time of Dominican University to Planned Development (PD) District as part of the University Development Plan; and WIIEREAS, on December 14, 2007, Dominican University submitted an application for a Rezoning concurrently with applications for a General Plan Amendment (GPA07-005), Amendment to the University Master Use Permit (UP07-063) and an Environmental and Design Review Permit (ED07-102) to the Community Development Department requesting approval to convert the residential use of Magnolia House to University administrative office use and to modify the rear porch to provide a handicap access ramp and associated parking and access improvements at 226 Magnolia Avenue, and WHEREAS, on June 2, 2008, the applications for a General Plan Amendment, Rezoning, Master Use Permit Amendment and Environmental and Design Review Permit were deemed complete for processing; and WHEREAS, consistent with the requirements of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration analyzed potential environmental impacts of the project and identified potentially significant impacts for Cultural Resources. The project impacts would be mitigated to less -than -significant levels through implementation of recommended mitigation measures or through compliance with recommended conditions of project approval; and WHEREAS, notices regarding the Mitigated Negative Declaration prepared for this project were mailed to surrounding property owners and occupants within 500 feet, pertinent agencies (including State and local responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, copies of the Mitigated Negative Declaration were made available for a 30 -day review period by pertinent agencies and interested members of the public, commencing on June 13, 2008; and WHEREAS, on July 15, 2008, the Planning Commission held a duly noticed public hearing on the Mitigated Negative Declaration, the proposed Rezoning and related project applications including a General Plan Amendment, an Amendment to the Master Use Permit, and an Environmental and Design Review Permit, accepting 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 adopting Resolution No. 08-08, and recommended to the City Council approval of the General Plan Amendment by adopting Resolution No. 08-09, and also recommended City Council approval of the proposed Rezoning by adopting Resolution No. 08-10; and WHEREAS, on August 18, 2008 the City Council held a duly noticed public hearing to consider a proposed ordinance to approve the Rezoning of the subject property from Single -Family Residential (R -IA) District to Planned Development (PD) District and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, on August 18, 2008 the City Council adopted the Mitigated Negative Declaration and approved the General Plan Amendment by adoption of separate resolutions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. The City Council of the City of San Rafael hereby makes the following findings, as required under Zoning Ordinance Section 14.27.060 in approving the Rezoning from R- IA District to PD District for the property at 226 Magnolia Avenue, as shown in Exhibit "A" attached to this Ordinance: The proposed amendment is consistent in principal with the San Rafael General Plan 2020 in that: a) the proposed University administrative office use would be permitted within the new land use designation of Public/Quasi-Public approved for the property and is consistent with the intensity of use provided in the development plan proposed by the University and its Master Use Permit, as amended to include this project and is compatible with the immediately adjacent Dominican University properties (LU -8, LU -9, LU -10, LU -12, LU -23, NH -94, AW -2); b) the increased trips for the University administrative office would not cause a Level of Service (LOS) impact and the University would be subject to the City's Project Selection Process (PSP) 2008 and would contribute financially toward area -wide traffic improvements in San Rafael affected by the development and would not have a negative impact on air quality (LU -2. LU -3, NH -96, C-5, C-7, AW -1); c) the historic Magnolia House and its landscaped grounds would be retained under the development plan and therefore its design compatibility with the neighborhood would be ensured and the minor modifications to the building would be consistent with the Secretary of the Interior's Standards for Rehabilitation (LU -14, H-3, CD -3, CD -4, CD -10, CD -21, CA -14); d) converting the residential use to non-residential use would not have an adverse impact upon maintaining the City's housing stock because this is an estate residence that represents a small percentage of the total housing stock and is not an affordable housing unit (H10, H-18); the conversion to non-residential use would result in the University making a financial contribution toward employee housing (H-24); e) approval of the rezone would help Dominican University improve its administrative function and contribute to its service to the community as Marin's only University (EV -2); f) the project would protect archaeological resources through implementation of required mitigation measures (CA -15); g) the site is not subject to flooding and proposed interior structural improvements would conform to current building and seismic codes (S-3, S-6, S-8, S-32); h) fire and police services will continue to be available to the property (S-26); i) the project would not generate noise impacts upon neighboring properties and outdoor activities at the site would be subject to the University's Events Management Plan (N-4, N-5); and j) the development plan retains all site improvements and features which provide adequate creek setbacks and no impacts to sensitive, endangered or native species would occur (CON -1, CON -6, CON -8, CON -8, CON -10, CON -13, CON -14). 2. The applicant has demonstrated that the change in use to University administrative office could be served by public facilities such as sewer, water, refuse services and other infrastructure resources that currently serve the existing single family home and are available to serve the proposed change in use. Furthermore, the new recreational use would not induce population growth necessitating additional public facilities since this would not increase enrollment of students at the university or the number of employees working at the university. 3. The change in use to administrative office for Dominican University would be improved by deviations from typical Zoning Ordinance property development and parking standards in that such deviations are necessary in order to integrate activities 3 across the university campus and adaptively reuse a locally designated historic property and structure. 4. The auto, bicycle and pedestrian traffic systems presented on the Development Plan are adequately designed for circulation needs and public safety in that: a) the existing street system and site provides pedestrian and bicycle pathways through this site and throughout the campus; b) the emergency vehicle ingress and egress from the site would be provided through the existing driveway and public streets and this has been found to be adequate by the City of San Rafael Fire and Police Departments; c) the access and site layout has been reviewed by the appropriate City Departments and has been determined to meet City standards; and d) ample parking facilities would be provided on the site and throughout the University campus through the parking lot at the rear of this building and numerous parking lots in locations nearby and throughout the campus where currently existing parking exceeds the required number of parking spaces by 84 spaces. 5. The public health, safety and general welfare are served by the adoption of the proposed amendment in that it implements the General Plan and the development plan conforms with City standards as discussed in Finding 1. Furthermore, an Initial Study/Mitigated Negative Declaration has been prepared and adopted for the project that evaluated potential environmental impacts of the project particularly in relation to Cultural Resources due to the local historical designation for Magnolia House, and determined that impacts would be less -than -significant based on incorporation of mitigation measures. 6. Furthermore, the proposed project will preserve the fagade of Magnolia House as well as the extensive landscaping of the property, the visual appearance of this historic estate will be retained and continue to contribute to the visual quality of the Dominican neighborhood and the general welfare of the community. DIVISION 2. The City Council of the City of San Rafael hereby rescinds Ordinance No. 1730 and incorporate the Exhibit "A" Dominican College Campus Development Plan (ZC97-7), previously approved as part of Ordinance No. 1730, as Exhibit "A" to this approval and attached to this Ordinance. DIVISION 3. The City Council of the City of San Rafael hereby approves the proposed Rezoning to Planned Development (PD) District for the 226 Magnolia Avenue site as shown in Exhibit "B" which consists of a Zoning map and the Development Standards specified for the 226 Magnolia Avenue site attached to this Ordinance. 4 DIVISION 4. The City Council of the City of San Rafael does hereby approve as Exhibit "C", attached to this Ordinance, the legal description of all University parcels adopted as part of Ordinance No. 1730 and augmented with the legal description for the 226 Magnolia Avenue site. DIVISION 5. 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 City Council hereby declares that it would have adopted the Ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, clauses or phrases may be declared invalid. DIVISION 6. 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. ATTEST: ESTHER C. BEIRNE, City Clerk 5 ALBER 3ORO, ayor The foregoing Ordinance No. 1868 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 18th day of August, 2008, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller 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 2"d day of September, 2008. ESTHER C. BEIRNE, City Clerk 6 Exhibit A Dominican College Campus Development Plan (ZC97-7) INTENT The Dominican College Campus Development Plan is based on the plans presented and approved for the Master Environmental and Design Review Permit (ED97-146) and Master Use Permit (UP97-45) approved by the City Council on August 17, 1998 LAND USES This Campus Development Plan permits the operation of the Dominican College Campus Development Plan for the existing campus facility and four new buildings: Recreation Center, Science and Technology Building, Chapel and Residence Hall and associated parking and landscape improvements for uses of Dominican College as set forth in the Master Use Permit (UP97-45). Approved uses are a college campus facility with associated classrooms, assembly areas, offices for staff, recreation uses, residential halls, parking lots, performances, rentals and other programs and related activities as specified in the Master Use Permit (UP97-45) DEVELOPMENT STANDARDS The Campus Development Plan shall be developed in phases. The following development standards shall apply to all development of the Dominican College Campus Development Plan. Additionally, each Phase shall be subject to specific development standards as shown in the following table by Phase. DEVELOPMENT STANDARDS: ALL PHASES 1. Maximum floor area ratio: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45 and Master Environmental and Design Review Permit (ED97-146) 2. Building Height: Maximum 36' 3. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97- 146). 5. On-site Parking: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45 and Master Environmental and Design Review Permit (ED97-146) 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146) 7. Development Phasing: Campus Development Plan shall be developed in a minimum of four phases with four new buildings and associated site improvements to be constructed over the next 20 years as follows: Phase I - Recreation Center and Grand Avenue Parking Lot and landscaping and parking improvements in the Academic Core Area including Caleruega Dining Hall parking; Phase H - Science and Technology Building on Palm Avenue, Parking lot near Caleruega, Hall, and Chapel at Magnolia and Locust; Phase III - Residence Hall and related parking on Magnolia Avenue; and Phase IV - Forest Meadows outdoor facilities and related parking. Flexibility is permitted in the phasing per UP97-45 and ED97-146. DESIGN STANDARDS All buildings, structures, site improvements, landscaping, parking and exterior lighting shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). TERM OF DEVELOPMENT PLAN PHASES This PD shall be valid as follows: If no action has been taken on the approved Campus Development Plan within five (5) years of its approval the city may initiate rezoning of the property, as allowed under Municipal Code section 14.07.130. DEVELOPMENT STANDARDS FOR PHASE 1: RECREATION CENTER, 215 - VEHICLE GRAND AVENUE PARKING LOT, 38 -VEHICLE GRAVEL OVERFLOW PARKING LOT, 49- VEHICLE MEADOWLANDS WEST PARKING LOT, AND LANDSCAPING IN FOREST MEADOWS AND ACADEMIC CORE AREAS 1. Maximum floor area ratio: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97- 146). A 29,000 s.f. Recreation Center building and 7,700 s.f. outdoor pool and deck area with seating for 1,285 persons are permitted in Phase 1. 2. Building Height: Maximum 38 feet granted by City approved Exception (EX98-1). 3. Setbacks: Grand Avenue: Minimum 50 feet building setback and 50 feet parking setback from outside edge of curb. Streams (top of bank): Minimum 25 feet building and parking setback 4. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). 5. On-site Parking: Parking for the Recreation Center and general College parking needs will be provided in the Forest Meadows Area with a 215 -vehicle Grand Avenue Parking Lot and a 38 -vehicle gravel overflow parking lot and in the Academic Core Area with a 49 -vehicle Meadowlands West parking lot. 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). DEVELOPMENT STANDARDS FOR PHASE II -A: SCIENCE AND TECHNOLOGY BUILDING AND 60 -VEHICLE PARKING LOT NEAR CALERUEGA HALL 1. Maximum floor area ratio: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97- 146). A 35,000 square foot Science and Technology building is permitted in Phase II -A. 2. Building Height: Maximum 36 feet. 3. Setbacks: Palm Avenue: Minimum 40 feet building setback; Minimum 40 feet parking setback. Magnolia Avenue and Deer Park Avenue: Minimum 50 feet parking setback. Stream (top of bank): Minimum 25 feet building setback; Minimum 25 feet parking setback. 4. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). 5. On-site Parking: Per Development Plan approved under the Campus Development Plan Master Use Permit (LT97-45) and Master Environmental and Design Review Permit (ED97- 146). General College parking needs will be provided in the 60 -vehicle Parking Lot near Caleruega. 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). DEVELOPMENT STANDARDS FOR PHASE II -B: CHAPEL 1. Maximum floor area ratio: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97-146). A 9,000 s.f. building with two chapels is permitted in Phase H -B. 2. Building Height: Maximum 36 feet. 3. Setbacks: Magnolia Avenue: Minimum 30 feet building setback. Stream (top of bank): Minimum 25 feet building setback. 4. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). 5. On-site Parking: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45 and Master Environmental and Design Review Permit (ED97-146). Because the Chapel will replace an existing facility on campus and will serve students, faculty and staff who are already on campus, additional on-site parking is not required. 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). DEVELOPMENT STANDARDS FOR PHASE III: RESIDENCE HALL 1. Maximum floor area ratio: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97-146). Floor Area Ratios are not applicable to residential uses. A residence hall sized to accommodate 150 to 200 beds is permitted in this phase 2. Building Height: Maximum 36 feet. 3. Setbacks: Locust Avenue: Minimum 70 feet building setback; Minimum 50 feet parking setback. Magnolia Avenue and Deer Park Avenue: Minimum 25 feet building setback and parking setback. Stream (top of bank): Minimum 50 feet building setback, or be at least five feet higher in elevation than the adjacent creek if within 50 feet; Minimum 25 feet parking setback. 4. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). 5. On-site Parking: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97-146). 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). DEVELOPMENT STANDARDS FOR PHASE IV: FOREST MEADOWS OUTDOOR FACILITIES: SOCCER FIELD AND AMPHITHEATER EXPANSION AND 90 VEHICLE PARKING LOT 1. Maximum floor area ratio: 2. Building Height: 3. Setbacks: 4. Landscaping: 5. On-site Parking: None No buildings. Grand Avenue: Minimum 50 feet parking setback. Belle Avenue: Minimum 50 feet parking setback. Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146) Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97-146). A 90 -vehicle parking lot shall be constructed in this phase. 6. Building coverage: No buildings. DEVELOPMENT STANDARDS (PD) AND ZONING RECLASSIFICATION MAP FOR MAGNOLIA HOUSE 226 MAGNOLIA AVENUE (ZC07-003) DEVELOPMENT STANDARDS: 1. Maximum floor area ratio: Per Development Plan approved under Use Permit (UP07- 063) and Environmental and Design Review Permit (ED07- 102) 2. Building Height: Maximum 36' 3. Setbacks: Per Development Plan approved under Use Permit (UP07- 063) and Environmental and Design Review Permit (ED07- 102) 4. Building Coverage: Development Plan approved under Use Permit (UP07-063) and Environmental and Design Review Permit (ED07-102) 5. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Environmental and Design Review Permit (ED07-102) 6. On-site Parking: Per Development Plan approved under Use Permit (UP07- 063) and Environmental and Design Review Permit (ED07- 102) 226 Magnolia Ave EXHIBIT B: Rezone ZC07-003 Rrnm Single -Family (R -la) EXHIBIT C LEGAL DESCRIPTIONS FOR DOMINICAN UNIVERSITY PROPERTIES CONTAINED IN ORDINANCE NO. 1730 AND INCLUDING MAGNOLIA HOUSE 226 MAGNOLIA AVENUE (ZC07-003) All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows. PARCEL ONE:, A,- 41Nr,-M IC C e� LOT NOS. 18, 19, 20, 21, 22, 23, 24, 24 1/2, 25, 25 112, 26, 27, 28, 29, 30, 31, 32. 33 and 34 In Block No. 21, as shown and delineated upon that certain map entitled "Map of Golden Meadow in Magnolia Park. San Rafael', f-aed for record September 27, 1887 in Volume 1 of Maps, at Page 4, Marin County Records. PARCF_L. TWO: ACACCM I L (20 C LOT NOS. 15, 16 and 17 In Block No. 21. on that certain map entitled "Map of Golden Meadow in "*gnolla Psrk, Sen Rafael, surveyed and drawn by Geo. M, Doge, C.F., September 1887", filed in the office of the County Recorder of titer County of Marin, vn September 27, 1887. COMMENCING at a point in the Northerly line of Magnolia Avernus distant Easteriy measured thereari 6 53 feet from the point of Intersection of said Northerly line of Magnolia Avenue with the Easterly line of Locust Avenue in Coleman's Addition to San Rafael; thence North 241, 45' East 681.45 feet to a point in the Southerly line of Locust Avenue: thence Easterly along the said Southerly fine of Locust Avenue following its curved lines 950 feet, more or less, to the Westerly line of Deor Perk Avenue thence Southerly along the said Wastefiy line of Deer Park Avenue 320 feet, more or less, to the said Northerly lino of Ma9nofra Aver" and thence Westerly along said Northerly line of Magnolia Avenue following its curved lino 1240 feet, more or less, to the point of commencement. BEING the Easterly portion of Block No, 19 In Coleman's Addition to San Rafael and being the same property convoyed by Wm. T. Coleman to Wm. F. Babcock by a deed dated June 12, 1882 and recordadin the office of the Recorder of said Merin County In Book "X" of Deed%, at Page 163, Marin County Records. EXCEPTING THEREFROM the portion thereof conveyed by Julia May Babcock, a widow to Frank B. Anderson by Deed recorded December 4, 1919 In Book 208 of Deeds, at Page 248, described as follows, to wit: COMMENCING at the North line of Magnolia Avenue at the Southeast comer of the tract of land conveyed by William T. Coleman to Caroline Victoria Johnston by deed dated September 18. 1878 and recorded In the Office of the County Recorder of the County of Marin, State of California, in Gook 'S" of Deeds, at Page 488, and running thence along the North side of Magnolia Avenue, North 839 31' East 87.8 feet; thence leaving Magnolia Avenue and running North 178.8 feet to the Easterly boundary fine of tract above described, conveyed by Coleman to Johnson and thence alone said boundary line, South 240 45' West 207.9 feet to the place of beginning. BEING a portion of Block No. 19 of Coleman's Additions to Sen Rafael. PARCEL FOUR: COMMENCING at a stake driven at the point of intersection of Highland Avenue, West Drive and Deer Park Avenue, which stake Is also a monument in the exterior boundary line of the corporate limits of the City of San Rafael; running thence from said point of beginning along the center lin* of a graded road 40 feet wide, North 540 26' East 250.10 feet, North 780 54' East 180.7 feet, North 63° 46' East 213.8 feet. North 48° 51' East 67.4 feet. North 200 01' East 72.3 fest. North 11 ° 33' West 64.1 feet; North 310 29' West 152.4 feet. North 80 13' East 37 test, North 539 40' East 125 feet, North 220 12' East 103 feet. North 660 41' East 50.1 fear south 700 17' East 101.7 feet; North 59' 22' East 32 foot; North 160 22' East 87.8 feet. North 481 27' East 125.8 feet; North 41 ° 03' East 205 feet; North 700 51' East 117.1 feet and North 610 10' East 200 feet: thence leaving said graded road and running North 479 31' West 612.5 feet to a stake In the Easterly side of Gold Hill Grade, thence North 800 57' West 20.9 feet to the center of Gold Hill Grade. 40 feet wide; thence Southwesterly along the center of Gold Hill Grade. a distance of 830.9 feet to the Easterly end of Locust Avenue, 50 feet wide•, thence continuing Southwesterly along the center of Locust Avenue 389.2 feet to a stake In thecenter line of Doer Park Avenue, 40 feet wide; thence in a general Southerly direction along the canter line of Doer Park Avenue 1841 feet to the point of beginning. RESERVING AND EXCEPTING all Avenues, Streets or Roads which are Included in the description of the tract of land above described. ALSO EXCEPTING THEREFROM the following described parcel of lend: PARCEL C, as shown upon that certain map entitled "Parcel Map Division of Assessors Parcel Nos. 15-142.01, 15-162-01 & 15-163-01, San Rafael, Marin Co., Cal.", Filed for record June 29, 1978 in . Book 16 of Parcel Maps, at Page 76, Merin County Records. PARCEL FIVE: COMMENCING at the point of intersection of the Southeasterly line of Locust Avenue with the Southwesterly line ole 40 foot street leading out of Magnolia Valley, eo called, In a Southeasterly direction toward Point San Pedro; thence fdlowing said Southwesterly line in its course first in e Southerly direction, thence in a Westerly direction 757.5 feet to a stake; thence North urs air West 432.5 feat to a stake in the Easterly fine of a 80 foot street leading out of Locust Avenue in a Southerly direction, thence North 2° 36' West 168,5 feet along said Easterly line of said 60 foot street to its point of intersection with Locust Avenue; thence following the Southeasterly line of Locust Avenue around the curves 791.5 feet to the place of beginning, BEING the same premises conveyed by Wm. T, Coleman to Helena Kimball Babcock, by Dead bearing date of July 1. 1878 and later conveyed by Helena Klmball Babcock to William Babcock by Deed bearing date of December 3, 1 a86. EXCEPTING THEREFROM the following descrlbed parcel of land: PARCEL 8 as shown upon that certain map entitled "Parcel Map Division of Assessors Parcel Nos. 15-142-01, 15-182-01 & 16-163-01, San Rafael, Merin Co., Cal.", filed for record June 29. 1979 In Book 16 of Parcel Maps, at Page 75, Marin County Records. PARCEL SIX:, PC --7 I �EO-T �}`LCO2i5 BEGINNING at is stake which is North 390 14' East 40 feet from the most Easterly corner of Lot No. 70 on "Map of Golden Meadow in Magnolia Park", filed In the office of the County Recorder of Marin County, California on September 27, 1887; running thence North 39° 14' East 286.3 feet to a stake driven in the fence enclosing the residence property of William Babcock; thence along said fence line, North 690 05' West 433.7 feet to the center line of Palm Avenue; thence along the center line of Palm Avenue, South 100 23' East 83.9 feet, South 2° 36' East 100 feat; South 16° 09' West 37.4 feet. thence leaving the said center line of Palm Avenue and running parallel with and distant 40 feet from the Northeasterly line of said Lot No. 70, South 5310 36' East 266.6 feet to the place of beginning. BEING a portion of Block No. 23, according to the map above mentioned, all courses by the true meridian. PARCEL SEVEN: BEGINNING at the most Easterly corner of Lot No. 70, as said Lot is shown and delineated upon map above mentioned; running thence North 53° 36' West 250 feet to a point on the center of Palm Avenue 40 feet wide; thence along said center line, North 160 09' East 42.6 feet; thence leaving Palm Avenue, South 53° 36' East 266.6 feet; thence North 390 14' East 286.3 feet: thence South 690 05' East 36 feet to a point on the center line of Deer Park Avenue; thence along the center line of Door Park Avenue. 40 feet wide. South 200 56' East 70 feet; thence South 40° 27' East 50 feet; South 570 21' East 269,3 feet; South 160 04' East 60 feet and South 330 38' East 205.2 feet to a point in the canter line of a street or avenue known as Wast Drive, 40 feet wide; thence along the center line of said West Drive, South 780 06' West 264.5 feet; South 550 28' West 210 feet, South 791 Z2' West 50 feat, North 540 19' West 100 feat, North 800 44' West 60 feet and South 350 47' West 202.1 feet; thence leaving said West Drive, North 400 31' West 276.8 feet, thence North 50° 40' East 58.7 feet, thence North 39° 14' East 346.6 foot to the point of beginning. All courses given by the true meridian. "'FqG 4 portion of Block No. 23, Coleman's Addition to the Town of San Rafael, Marin County, California. EXCEPTING THEREFROM the portion of Block No. 23. Coleman's Addition to the Town of San Rafael, conveyed by William Babcock, et ux, to George U. Hind, by deed recorded November 19, 1906 in Book 102 of 0eeda, at Page 342, described as follows: COMMENCING at the most Southerly corner of Lot No. 66, as said lot Is shown on map above mentioned: running thence along the Westerly line of said Lot No. 66, North 400 31' West 252.7 feet to a point In the center fine of Palm Avenue; thence along the canter line of Palm Avenue, North 501, 50' East 30 feet, North 46° 17' East 100 feet and North 42" 06' East 45 feet: thence leaving said Palm Avenue and running South 500 20' East 239.8 feet; thence South 48° 01' East 295 feet to a point in the Northerly line of a street or avenue known as West Drive, 40 feet wide: thence South 221 28' West 20.5 fret to a point on the center of said West Drive; thence along the center of said West Drive, North 80° 44' West 60 feet and South 350 47' Wast 202.1 feet; thence leaving West Drive and running North 40° 31' West 276.8 feet to the point of commencement. PARCEL EIGHT: IC �LL IC ('Oae• BEING BLOCK NO. 20, as shown and delineated and so designated upon a certain map entitled "Map of Coleman's Addition to the Town of San Rafael", filed December 28, 1888 in Volume 1 of Maps, at Page 39, Marin county Records. EXCEPTING THEREFROM the following parcel of land: PARCEL A. as shown upon that certain map entitled "Parcel Map Division of Assessors Parcel Nos. 15-142-01, 15-162-01 & 15-163-01, Sen Rafael. Merin Co., Cal.", filed for record June 29, 1979 In Back 16 of Parcel Maps, at Page 75, Merin County Records. PARCEL NINE: /t -Y-1 BEING part of Black No. 21 of Coleman's Addition to the Town of San Rafael describad as follows: BEGINNING at the Northeast corner of said Block 21, at the Intersection of Acacia Avenue with Palm Avenue: thence along the Southeast boundary line of Acacia Avenue, South 831 50' West 455.8 feet. Soutft 531- West 299 feet, thence leaving said Avenue and crossing and subdividing said Block No- 21, South 360 42' East 555 feet to the Northern boundary line of Palm Avenue, thence In a general Easterly and Northerly direction along the North and West boundary lines of Palm Avenue, as the same is at present fenced aff, 855 feet to the place of beginning. BEING the same property conveyed to Sidney V. Smith, Jr„ by William T. Coleman, by deed dated November 19, 1984 which Deed was recorded in the Office of the County Recorder of said County Of Marin on November 22, 1884 in Book 1 of Deeds, at Page 354, Marin County Records. PARCEL TEN:, PO2-&Sj A GA00Lk) S LC— y0, 7 in Coleman's Addition to the Town of San Rafael, being bounded as follows: on the North by Grand Avenue, on the East by Grand Avenue, on the South by West Avenue and on the West by 13e5,e Avenue. The said avenues being laid out and named as aforesaid on Map of land heretofore PlAr='iased by William T. Coleman Tram Oliver Irwin, which tract of land Is known as "Coleman's Pu --'h430 from Irwin", be ratified and approved and the same is hereby ratified and approved as the " of this corporation. OPTING THEREFROM the following described prop■rty: BEGINNING at the most Southwest corner of Block 7, Coleman Addition ■s such corner is shown on that certain map entitled "Record of Survey of Block No. 7, Coleman Addition, recorded February 11, 1957 in Book 2 of Surveys at Page 186, Marin County Records, said point being also the Intersection of the NoriherlY line of Watt Avenue, with the Easterly line of Betio Avenue, thence from said point of beginning along the Southerly line of said Block 7 on a curve to the right whose center bears South Do 19' 28", East with a radius of 1620 feet and central angle of 141 33' 41" an arc distance of 411.71 feet, thence leaving said Southerly line, North 200 32' 07" West 59.85 feet, North 730 51' 24- West 345.93 feet to a point on the Most Westerly line of said Block 7, and the Easterly line of Belle Avenue, thence Southerly an said Westerly line on a curve to the right whose tenter bears North 640 42' 09" West a radius of 1270.40 feet and central angle of 50 14' an arc distance of 116.04 teat to the point of beginning. PARCEL FLEVEN: EASEMENTS as reserved in the Deed from Dominican College of San Rafael, a corporation, recorded December 31, 1959 in Book 1335 of Official Records, at Page 87, described as follows: A. A 25 foot wide easement for roadway purposes lying Southerly and Westerly of and adjacent to the following described line: Beginning at a point which is on the Southerly line of said Block 7, of Coleman Addition. said point being an arc distance of 636,73 feet, Easterly along a curve to the right of radius 1,620 feet with a central angle of 189 29' 16" from the most Southwest comer of sold Block 7 of Coleman Addition, thence from said point of beginning, along the Southerly line of said Block 7, on a curve to the left whose center bears South 180 09' 48" West of radiu3 1,620 feet, and central angle of 39 55' 35" an are distance of 125.02 feet, thence leaving said Southerly line, North 201 32' 07" West 59.85 feet. 8. A 10 foot wide easement for sewer purposes, lying 5 feet on each side of the following described line: Beginning at a point which lies South 311 19' 51" West 45.36 feet South 850 36' 09" East 312.40 feet from the most Southwesterly corner of said stock 7, Coleman Addition, said point of beginning being a point on an existing sanitary sewer line-, thence from said point of beginning, North 10° 00' East 94.28 feat to a point on the Northerly line of the 0.62 acre parcel first herein described, PARCEL 'TWELVE: EASEMENT for roadway and utility purposes 7.5 foot in width lying Northwesterly of and contiguous to the course "North 450 04' East 70,11 feet" on the Southeasterly boundary line of Parcel A as shown upon that certain map entitled "Parcel Map Division of Assessors Parcel Nos. 15.142-01, 15-162-01 & 15-163-01. Sen Rafael, Marin Co., Cal.', filed for record June 29, 1979 in Book 16 of Psrcet Maps, at Page 75, Marin County Records, PARCFL THIRTtIN: f"ARCEL ONE, as shown upon 'Parcel Map Lands of Cohen -Tarantino and Haver 2592 O.R. 367, 2641 O.R. 574, 628 O.R. 378, 1965 O.R. 6, portion Rancho San Pedro Santa Margarita Y Las Gallinas - San Rafael, Matin Co.. California flied November 1, 1977 in Book 14 of Parcel Maps, at page 48, Merin County Records. EXCEPTING THEREFROM Parcel "A" as shown upon 'Parcel Map, a lot line adjustment between .1;Q 1 6 Mustafa J. Abuhalawa/Nabil Juma Abuhalawa Parcel 1, as shown in Book 14 of Parcel Maps, at Page P&S and lands of Sister of Saint Dominic A.P. 15-163-01 as shown In Book 16 P.M, 75 flied December 30. 19H3 in Book 21 of Parcel Maps, at Page 72. Merin Caunty Records. MAGNOLIA HOUSE LEGAL DESCRIPTION ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: BEGINNING at a point on the Northerly line of Magnolia Avenue, said point being the Southeasterly comer of the parcel of land conveyed by Wiliam T. Colemen, to Caroline Victoria Johnston, by deed recorded November 1, 1877 in Book "S' of Deeds at Page 31, Marin County Records; running thence Easterly along the Northerly line of Magnolia Avenue, to the Southeasterly comer of the parcel of land conveyed by Julia May Babcock, to Frank B. Anderson, by Deed recorded December 4, 1919 in Book 208 of Deeds at Page 248, Marin County Records; thence leaving Magnolia Avenue and running North 01' 11' East 178.80 feet along the Easterly boundary line to the Easterly boundary line of a parcel of land conveyed by William T. Coleman, to Caroline Victoria Johnston, by Deed recorded September 25, 1878 in Book `S" of Deeds at Page 488, Marin County Records; running thence Northerly along said Easterly line of said Parcel North 240 34' East 151.00 feet to the most Southerly comer of a parcel of land conveyed by Berrien Palmer Anderson, to Boris H. Lakusta, et ux, by Deed recorded May 2, 1947 In Book 548 of Official Records at Page 270, Marin County Records; thence Northwesterly and Southwesterly along the Southerly line of said parcel, North 63° 03' West (called North 620 52' West)134.08 feet and South 260 26' West (called South 26"37' West) 101.79 feet to an angle point; thence leaving said Southerly line of said parcel and running South 250 25' 53" West 94.89 feet; thence South 120 18' 57" West 227.17 feet to the Northerly line of Magnolia Avenue; thence Easterly along said Northerly line of Magnolia Avenue, to the point of beginning. BEING PARCEL ONE, as shown upon that certain Record of Survey, recorded November 9, 1970 in Volume 9 of Surveys at Page 81, Marin County Records.