HomeMy WebLinkAboutOrdinance 1979 (New 45-Unit Townhome Development - 350 Merrydale Road 3833 Redwood Hwy)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 1979
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED
DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT
(PD1594) TO A REVISED PD (ZC19-002), INCLUDING THE RESCISSION OF PD 1594,
AND CREATION OF A NEW PD DISTRICT, TO ALLOW THE DEMOLITION OF
EXISTING ONE-STORY BUILDINGS AND CONSTRUCTION OF NINE (9) THREE-
STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45 “FOR SALE” MULTI-
FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR)
UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE
ENHANCEMENTS ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350
MERRYDALE RD/3833 REDWOOD HWY (MERRYDALE TOWNHOMES) (APN’S: 179-
041-27 AND 179-041-28)
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 3rd day of February
2020; a SUMMARY of Ordinance No. 1979 was published as required by City Charter in
the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 18th day of February 2020, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, McCullough & Mayor Pro Tem Colin
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gamblin & Mayor Phillips
WITNESS my hand and the official
Seal of the City of San Rafael this
24th day of February 2020
_______________
LINDSAY LARA
City Clerk
Attachment 2-1
ORDINANCE NO. 1979
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED
DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT (PD1594) TO A
REVISED PD (ZC19-002), INCLUDING THE RESCISSION OF PD 1594, AND CREATION OF A NEW
PD DISTRICT, TO ALLOW THE DEMOLITION OF EXISTING ONE-STORY BUILDINGS AND
CONSTRUCTION OF NINE (9) THREE-STORY RESIDENTIAL BUILDINGS WITH A TOTAL OF 45
“FOR SALE” MULTI-FAMILY RESIDENTIAL UNITS (INCLUDING 9 BELOW-MARKET-RATE (BMR)
UNITS), 94 PARKING SPACES, WITH NEW LANDSCAPING AND CREEKSIDE ENHANCEMENTS
ON AN EXISTING 2.28 ACRE PARCEL LOCATED AT 350 MERRYDALE RD/3833 REDWOOD HWY
(MERRYDALE TOWNHOMES)
(APN’S: 179-041-27 AND 179-041-28)
WHEREAS, on September 17, 1990, the San Rafael City Council adopted Ordinance No. 1594,
which established a Planned Development (PD) allowing the land use regulations for use of the
property as a day care for training up to 120 developmentally disabled adults, consistent with
conditions of approval in the Use Permit (UP90-22) approved by the Planning Commission on August
14, 1990; and
WHEREAS, the current Planned Development (PD1594) District zoning for this site does not
allow residential development and does not contain appropriate land use limitations and development
standards, as required by Section 14.07.060 of Title 14 of the San Rafael Municipal Code (Zoning
Ordinance); and
WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the
property owner, Ridgewood Properties, submitted an application for PD Rezoning (ZC19-002)
requesting to establish the required development standards for the proposed redevelopment of the site
to allow the construction of 45 residential “for sale” condominium units, including parking, landscaping
and creekside enhancements; and
WHEREAS, on November 8, 2019, Michael Hooper of Campus Properties, on behalf of the
property owner, Ridgewood Properties, also submitted accompanying applications for Environmental
and Design Review Permit (ED18-100), Tentative Subdivision Map (TS18-006), Subdivision Exception
(EX19-012), Use Permit (UP18-039) and Environmental Review/Initial Study (IS18-001) and these
accompanying applications are being processed concurrent with the Rezoning application, as required
by the Zoning Ordinance; and
WHEREAS, the application for the PD rezoning proposes to rescind the current PD 1594 and
establish a new PD District for the property that would allow for multi-family residential use; and
WHEREAS, the proposed PD District land use and development regulations for the property
are presented in Exhibit B attached hereto and incorporated by reference. The PD proposes to:
a. Rescind the current PD 1594;
b. Create a new PD Zoning District for the 350 Merrydale Rd/3833 Redwood Highway
property;
c. Establish permitted land uses in the new PD, that would mirror the current allowances in the
High Density Residential (HR1) Zoning District;
d. Establish development standards, including parking requirements, consistent with the HR1
Zoning District; and
Attachment 2-2
WHEREAS, consistent with the requirement of the City of San Rafael Environmental
Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, an
Initial Study was prepared finding that the proposed new 45-unit townhome development would not
result in significant environmental effects, in that revisions to the project have been made and
mitigation measures are required to mitigate any potential adverse impacts to less-than-significant
levels. Mitigation Measures were identified to reduce the level of sig nificance to less than significant in
the following topical areas (Aesthetics, Air Quality, Biological Resources, Cultural Resources,
Hydrology and Water Quality, Noise, Transportation, and Tribal Resources); and
WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting
Program has been prepared to implement the project mitigation measures and to accompany the
Mitigated Negative Declaration; and
WHEREAS, on July 17, 2018, the Design Review Board (“DRB” or “Board”) reviewed the
project as a conceptual review item. The Board was largely supportive of the proposed building design
but recommended changes, including greater sensitivity to the neighbors resulting from the roof decks,
increasing the front setback along Merrydale Rd. to comply with the required 15-foot front setback,
improving recreational activities for children on the site, addition of a Community Room, and provide
information for the required trash enclosure; and
WHEREAS, on July 25, 2019, the applicant hosted a neighborhood meeting to have a more
informal presentation and discussion with surrounding neighbors; and
WHEREAS, the applicant revised the project in response to the Board’s comments, as well as
to public comments during the DRB and neighborhood meetings, including 1) providing a broader
range of unit types and sizes, 2) providing a community room and outdoor patio complete with
furnishings, 3) increasing the creek setback to a minimum of 25 ft.; 4) providing crane pads for creek
maintenance; 5) increasing the front setback on the Merrydale frontage from 8 feet 1 inch to 15 feet, 2
inches from the Merrydale property line; 6) eliminating the proposed roof decks; 7) eliminating the
proposed Accessory Dwelling Units (ADU’s); 8) eliminating the California Pepper tree species; 9)
providing more details on the creek promenade area (which will also have amenities for youth to play);
and 10) adding bio-retention information to the landscape plan. The side yard setback along the south
property line was reduced from 10 feet to a setback of 7-9 feet (approximately) and some street
parking was eliminated in order to re-design and eliminate the proposed building encroachment into the
required 25’ creek setback; and
WHEREAS, on August 6, 2019, the DRB conducted a duly noticed public meeting and reviewed
the formal application and plans submitted for the project. The Board found that the changes had
adequately addressed their prior comments during conceptual review and in conclusion, the Board
voted to recommend approval of the project design, with some minor changes. The motion was made
by Member Saude and second by Member Rege. Motion to recommend approval of the project design
passed 3-0-2 with Members Paul, Rege and Saude voting “aye” and Members Kent and Summers
absent. The recommended modifications included:
• Community /Recreation Room and adjacent Paseo promenade needs to provide a more
integrated indoor/outdoor common amenity for the residents.
• Visual impacts of AC units need to be mitigated better along public areas (Paseo and creek
trail) and Merrydale frontage. The applicant is encouraged to explore greater landscape
screening and/or relocating and grouping the AC units to the interior ends of the buildings.
• The project needs to incorporate greater sustainability into the design, including, but not limited
to, pre-wiring all garages for EV charging stations and pre-wiring all roofs for PV rooftop solar
systems.
Attachment 2-3
WHEREAS, the applicant has incorporated all recommended changes in the revised plans;
WHEREAS, the project, including the Notice of Availability of the Initial Study/Mitigated
Negative Declaration, along with the planning applications were publicly noticed 30 days in advance of
the scheduled December 3, 2019 Planning Commission hearing, through the following means: 1)
publishing a legal ad in the Marin Independent Journal on November 9, 2019; 2) subject site was
posted with a public notice regarding the Mitigated Negative Declaration and the project applications;
and 3) notices were published in a local newspaper of general circulation in the area and mailed to
surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee
agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and
WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed public
hearing on the proposed project accepting and reviewing public comment. On a 6-0-1 vote
(Commissioner Samudzi absent) the Planning Commission adopted Resolutions Nos. 19-11 and 19-12
to recommend to the City Council: a) adoption of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for the project, and b) adoption of the PD District Rezoning, and c)
conditional approval of the Environmental and Design Review Permit (ED18-100), Master Use Permit
(UP19-039), Tentative Subdivision Map (TS18-006) and Subdivision Exception (EX19-012); and
WHEREAS, on February 3, 2020, by adoption of a separate resolution, the City Council
adopted a Mitigated Negative Declaration and approved a Mitigation Monitoring and Reporting
Program for the project; and
WHEREAS, on February 3, 2020, the City Council held a duty noticed public hearing on the
proposed project, accepting and considering all oral and written public testimony and the written report
of the Department of Community Development; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department of the City of San Rafael; and
WHEREAS, as required by San Rafael Municipal Code Sections 14.07.090 and 14.27.060, the
City Council makes the following findings in support of an ordinance to rescind the existing Planned
Development (PD) District (PD 1594), as shown on the map contained in Exhibit “A” and further
described in Exhibit “C,” and to establish a new PD District as outlined in Exhibit “B” (350 Merrydale
Residential Townhomes):
1. The Development Plan is consistent in principle with the San Rafael General Plan 202 0 and
other applicable City plans or policies in that the 350 Merrydale Rd. Residential Townhomes
- Planned Development District document includes appropriate development standards, and
is subject to an Environmental and Design Review Permit and a Master Use Permit,
implementing the intent of Chapters 22 (Use Permit) and 25 (Environmental and Design
Review Permit) of the San Rafael Zoning Ordinance (Title 14 of the San Rafael Municipal
Code), Subdivision Ordinance (Title 15 of San Rafael Municipal Code), and the applicable
General Plan land use policies, including:
a. The proposed project as designed and conditioned would be would be consistent
with Land Use Element Policies LU-2 (Development Timing), ), LU-8 (Density of
Residential Development), LU-10 (Planned Development Zoning), LU-12 (Building
Heights), LU-23 (Land Use Compatibility), LU-23 (Land Use Map and Categories)
given that the project: 1) would be approved at a time when there is adequate
infrastructure to serve the proposed development; 2) 3) would not exceed the
maximum density allowed in the GC Land Use category (34-72 units); 4) would not
Attachment 2-4
exceed the maximum building height of 36 feet allowed for this area of San
Rafael; and 5) has been designed to minimize potential visual impacts on the
surrounding residnetial properties by limiting bulk, mass and height;
b. The proposed project as designed and conditioned would be consistent with
Housing Element Policies H-2 (Designs that Fit Into Neighborhoods), H-3 (Public
Information and Participation), H-14 (Adequate Sites), H-15 (Infill Near Transit),
and H-19 (Inclusionary Housing), in that: 1) residential development is allowed on
the site per the General Commercial General Plan Land Use deisgnation; 2) the
project design has been subject to review by the public and has been
recommended for approval by the Design Review Board; 3) the project would add
45 units of housing within walking diatnce of mass transit, incluing the Civic
Cemter SMART Train station, ½ mile from the project siteof the SMART Train; and
4) the project would include nine (9) below-market-rate (BMR) units, five (5)
affordable at the low-income level and four (4) at moderate-icome level.
c. The project is partially consistent with the applicable Neighborhoods Element
Policy NH-2 (New Development in Residential Neighborhoods), NH-3 (Housing
Mix), NH-17 (Competing Concerns), NH-151 (New Ddevelopment), NH-86 (Design
Considerations for Development in the Vicinity of the Civic Center), NH-128
(Sidewalk Improvements), NH-129 (Neighborhood Parking), NH-142 (Redwood
Highway Improvements), and NH-148 (Residential Uses at the end of Merrydale
Rd.) in that: 1) the proposed new 45-unit development has been designed to be a
transitional use between existing commercial development and residential
development on Merrydale Rd. The building design minimizes impacts to
surrounding residential properties by providing code compliant front and side
setbacks and preserving some existing trees at the perimeter of the project site
and proposing 55 new trees on site; 2) 94 parking spaces are provided on the site
in compliance with the required parking requirement for 45 units, and 4 new on -
street parking spaces would be created along the east side of Merrydale Rd.; and
3) Redwood Highway would be extending and provide secondary access through
the project site, allowing pedestrian access to the propsoed new “creek
promenade” on the north side of the site as well as vehicular access to Merrydale
Rd.
d. The project as proposed and as conditioned would be consistent with Community
Design Element Policies CD-2 (Neighborhood Identity), CD-3 (Neighborhoods),
CD-5 (Views), , CD-11 (Multifamily Design Guidelines), CD-14 (Recreational
Facilities), CD-15 (Participation in Project Review), CD-18 (Landscaping), CD-19
(Lighting) in that the project design: 1) preserves, to the greatest extent possible,
views the Civic Center from the adjacent one-story residential neighborhood. The
building heignt is 33.5’ (less than the 36’ height limit allowed); 2) is generally in
keeping with the mass and scale of adjacent commercial and residential
development on the east side of Merrydale Rd. and would introduce a higher
quality architectural design than currently present on the site; 3) provides
landscaping to screen and enhance the project and site; 4) provides new “creek
promenade” with landscaping and recreational amenities along Las Gallinas Creek
to the north of the development; 5) creates adequate lighting without spillover onto
adjacent properties or natural areas; and 6) has been reviewed by the Design
Review Board and found to be consistent the applicable design policies of the
General Plan and the City’s Residential Design Guidelines.
e. The project as proposed and as conditioned would be consistent with Circulation
Policies C-5 (Traffic level of Service Standards), C-7 (Circulation Improvements
Funding), C-8 (Eliminating and Shifting Peak Hour Trips), C-9 (Access for
Attachment 2-5
Emergency Services), C-26 (Bicycle Plan Implementation) and C-31 (Residential
Area Parking) in that the project: 1) would not exceed the acceptable level of
service standards (LOS), LOS E, for both intersections or arterials; 2) would be
required to pay its fair share towards traffic impacts to fund circulation impacts in
order to maintain acceptable LOS standards for the General Plan; 3) would
maintain adequate access for emergency services as determined by the City’s
Public Safety Departments; and 4) would create a new Class III Bike Lane along
Meerydale Rd. and install a new sidewalk along the east side of Merrydale, thereby
facilitating better pedestrian access along Merrydale Rd. as well as pedestrain
access to the new creek promenade area,
f. The project as proposed and as conditioned would be consistent with
Infrastructure Element Policies I-2 (Adequacy of City Infrastructure and Services),
and I-10 (Sewer Facilities) in that: 1) the appropriate utility agencies have
reviewed the project and determined that the property is currently being served.
However, 1) Marin Municipal Water District (MMWD) has determined that the
property’s current annual water entitlement may be insufficient for the new uses
and the purchase of additional water entitlement may be required, as well as
compliance with all indoor and outdoor requirements of District Code Title 13 for
water conservation; and 2) the Las Gallinas Valley Sanitation District (LGVSD)
would continue to provide service to the project site, although the 45 proposed
residential townhome units would result in an increase in intensity of development
over existing uses. The LGVSD has reviewed the project, provided comments and
will require that the development project submit an Application for Allocation of
Capacity and pay additional capacity fees prior to submittal of a building permit.
The project design incorporates sanitary sewer infrastructure that connects all
residences to the current LGVSD sanitary system, including two possible
infrastructure improvements: a) a gravity system and flow diversion with an
updated LGVSD pump station, or b) a lift-station (with control cabinet) located in
the southeastern corner of the project site for pumping sanitary sewer to the main
LGVSD pump station (which would also be updated). Either design solution would
satisfy LGVSD requirements for sanitary sewer service.
g. The project as proposed and as conditioned would would be consistent with the
Sustainability Element Policies SU-5 (Reduce Use of Non-Renewable Resources),
SU-6 (Resource Efficiency in Site Development), SU-7 (New and Existing Trees),
SU-10 (Zero Waste) in that given that: 1) the revised project plans include a
provision that all townhome units and stacked flats (to the extent practicable) will
be provided with pre-wiring for photovoltaic rooftop solar systems; 2) all garage
units will be provided with 220-volt power points suitable for EV charging; 3) the
project will comply with the most recently adopted CBC (California Building Code)
CalGreen and Title-24 Energy regulations; 4) conditions subject the project to the
Marin Municipal Water District’s most recently adopted water conservation and
gray water regulations; 5) 55 new trees will be planted on site and 13 existing trees
will be preserved on site; and 6) The project is proposing a covered and screened
trash enclosure, the design and location of which has been reviewed and a pproved
by Marin Sanitary Service (MSS).
h. The project as proposed and as conditioned would would be consistent with the
Culture and Arts Element Policy CA-15 (Protection of Archaeological Resources)
in that: 1) The existing buildings were constructed in 1967 or 1968 as a school
facility but does not meet criteria as defined in CEQA Guidelines Section 15064.5.
The existing structures and site have been modified over the years and do not
appear to have any historical significance; and 2) the site for original construction
Attachment 2-6
of existing buildings would have disrupted any archaeological deposits if they were
present. Indications of the disturbance would likely still be apparent when
examining remnant soils. Based on the results of the cultural resources
investigation conducted for the proposed project, no prehistoric or historic-period
archaeological resources were identified within the project area. However,
mitigation measures have been included in the IS/MND MMRP (CULT -1 and
CULT-2) to protect any resources found during construction activities.
i. The project as proposed and as conditioned would be consistent with Park and
Recreation Element Policy PR-10 (On-site Recreation Facilities) in that the project
will provide a 500 sq. ft. “community room” for the residents which will include a
kitchen area and bathroom. The community room will also have sliding glass
doors that open onto an approximately 500 sq. ft. patio area, with planters seating,
and a BBQ area.
j. The project as proposed and as conditioned would be consistent with Safety
Element Policies: S-1 (Location of Future Development), S-3 (Use of Hazard Maps
in Development Review), S-4 (Geotechnical Review), S-6 (Seismic Safety of New
Buildings), S-18 (Storm Drainage Improvements), S-25 (Regional Water Quality
Control Board (RWQCB) Requirements), and S-32 (Safety Review of
Development Projects) in that: 1) the project has been reviewed using the hazard
maps and Geotechnical Review Matrix; 2) the geotechnical review and peer review
concluded that the development on this site, with conditions, is feasible and
appropriate from a geotechnical engineering standpoint; 3) the project would not
include any hazardous materials or uses in it operations; 4) the development would
be built to conform to current building and seismic safety codes; 5) the structure
would be built in accordance with the Federal Emergency Management Agency
(FEMA) regulations for this type of structure and use in a 500-year flood zone; 6)
an erosion control plan would be required during contsruction of the project; 7) the
drainage plan would direct all new run-off from the site into vegetative bio-retention
areas before being released into the storm drain system; and 8) the project has
been reviewed by the Police and Fire Department and found to be in conformance
with their fire and crime prevention standards and would not pose a risk to public
safety safety or impact their levels of service.
k. The project as proposed and as conditioned would be consistent with Noise
Element Policies N-1 (Noise Impacts on New Development), N-2 (Exterior Noise
Levels for Residential Use), N-3 (Planning and Design of New Development), N-4
(Noise from New Nonresidential Development), and N-5 (Traffic Noise from New
Developmentin that the project: 1) Based on information in the Acoustical Report
by Illingworth and Rodkin, the IS/MND analysis indicated that Building 2 through
Building 7 would also exceed the 45 dBA Ldn threshold with windows partially
open. With standard construction and forced-air ventilation, allowing occupants the
option of keeping windows closed to control noise, Buildings 1, 2 8, and 9 would
achieve the 40 dBA Ldn and 45 dBA Ldn thresholds. The east facades or buildings
3, 4, 5, and 6, facing US-101, would be exposed to 70 dBA Ldn. The east facade
of Buildings 2 and 7 would be partially shielded by the buildings to the east and
would be exposed to 67 dBA Ldn. The west facade of Buildings l and 9 would be
exposed to traffic noise from Merrydale Rd. up to 58 dBA Ldn. These levels are in
the “Clearly Unacceptable” range in Exhibit 31 of the General Plan 2020.
Therefore, the Acoutical Report recommended additional mitigation measures
required prior to issuance of the building permit to required force-air ventilation and
the appropriate STC window ratings to maintain interior noise levels at acceptable
levels (see Environmental and Design Review Permit COA #25; 2) conditions and
Attachment 2-7
mitigations have been incorporated to reduce any temporary impacts due to
construction (Initial Study Mitigation Meausure NOISE-1); and 3) the Acoutical
Report determined that the primary noise sources at the site would continue to be
vehicular traffic on US- 101 and Merrydale Rd. US-101 is elevated by about 10
feet above the site. Based on traffic volumes provided in the Traffic Impact
Assessment Report prepared for the proposed project, traffic noise levels are
calculated to increase by 1 dBA along Merrydale Rd. under future conditions
(2040) due to increases in traffic volumes on Merrydale Rd.. An increase in 1 dBA
would be barely detectable to typical human hearing and is not considered a
significant increase.
l. The project as proposed and as conditioned would be consistent with
Conservation Element Policies CON-6 (Creek and Drainageway Setbacks), CON-7
(Public Access to Creeks), CON-8 (Enhancement of Creeks and Drainageways),
CON-9 (Native and/or Sensitive Habitats), CON-14 (Special Status Species), and
CON-16 (Landscape with Native Plant Species) in that the proposed project: 1)
would maintain setbacks from the creek and provide creek enhancements with
added landscaping and pedestrian access point; 2) would not impact a wildlife
corridor since the site is currently developed and biological assessments have
found no such corridors; 3) would not impact any senstive or
threatened/endangered species or habitats; 4) has been conditioned to ensure that
disturbance to any potential nesting birds be avoided during construction; and 5)
would provide new trees and shrubs throughout the site, as well as bio-retention
areas to facilitate proper site drainage.
m. The project as proposed and as conditioned would be consistent with Air and
Water Quality Element Policies: AW -1 (State and Federal Standards), AW -2 (Land
Use Compatibility), AW -4 (Particulate Matter Pollution Reduction), AW -7 (Local,
State and Federal Standards), and AW -8 (Reduce Pollution from Urban Runoff)
since the project: 1) would comply with local, state and federal air quality
standards; 2) mitigation measures have been incorporated to address temporary
air quality impacts during construction; 3) drainage systems have been designed
to utilize vegetated swales before discharging drainage into storm drain systems or
the creek; and 4) methods consistent with the Storm Water Pollution Prevention
Standards of the Regional Water Quality Board have been incorporated into the
design and conditions have been included to require compliance with these
standards.
2. The applicant proposes to add 45 units of new residential development (market rate and
below market rate (BMR) units) which will help serve to accommodate the projected need
for 1,007 additional housing units in the City by the year 2023. The 3-story development will
serve as a transition between the existing 2-story residential properties, commercial
development, and the single-family lots in the interior Rafael Meadows neighborhood. The
existing creek has been protected by providing a 25-foot setback and will be enhanced with
new vegetation along the south bank and designed with a shared maintenance and
pedestrian promenade. Further, the development plan has been reviewed and
recommended for approval by the Design Review Board.
3. The applicant has demonstrated that the proposed development can be served by public
facilities such as sewer, water, refuse services and other infrastructure resources that
currently serve the existing development and are available to serve the proposed
redeveloped site.
Attachment 2-8
4. The applicant has accepted the City’s direction to use the HR1 property development
standards for the new PD zoning, as this zoning district most closely approximates the
adjacent property development standards. The proposed new development has been
designed to be in compliance with the applicable HR1 property development standards, and
the proposed project is not requesting any deviations (Variances) from the HR1 setbacks.
However, the City standard per San Rafael Municipal Code Section 15.06.050(c) is that
local streets provide a minimum right-of-way of 60 feet and a minimum pavement width of
40 feet. Due to site constraints (creek and utility easements) the applicant is requesting an
exception to allow a private street with an easement of 30 feet and a minimum pavement
width of 20 feet and providing at least one sidewalk. This requires approval of an Exception
request, pursuant to San Rafael Municipal Code Section 15.01.120(c). The City Engineer
has reviewed the project and is in support of the Exception request.
5. 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 Development
Plan proposes sidewalks throughout the development for pedestrian access, including
access to the proposed new creek promenade area; b) the project triggers the creation of a
new Class III Bike Lane along Merrydale Rd.; c) the emergency vehicle ingress and egress
from the development would be provided through the existing roadway, as well as from an
extension of Redwood Highway (allowing traffic to pass through the development and
access Merrydale Rd.) and has been found to be adequate by the City of San Rafael Fire
and Police Departments; d) the access and site layout has been reviewed by the
appropriate City Departments and it has been determined that an Exception to street width
standards is appropriate and acceptable; and e) code compliant parking (94 spaces) will be
provided on site, with an additional 4 new on-street spaces added to the east side of
Merrydale Rd.
6. The public health, safety and welfare are served by the adoption of the proposed PD
District, in that the project as proposed and conditioned: a) would implement housing and
environmental goals and policies adopted for this site in the San Rafael General Plan 2020;
b) would conform to City standards for safety; c) would be consistent with the recommended
mitigation measures presented in the Initial Study/Mitigated Negative Declaration prepared
for this project; and d) would address project impacts to privacy, traffic, and parking through
the inclusion of conditions of approval on the Master Use Permit and Environmental and
Design Review Permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY 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 San Rafael Municipal Code is amended by reclassifying the following real property from PD-1594
(Planned Development District 1594) to PD (Planned Development – Ordinance No. 1979) District.
Said property so reclassified is located at 350 Merrydale Rd/3833 Redwood Highway, San Rafael, as
shown on County Assessor’s Parcel No’s: 179-041-27 and 179-041-28), as shown on the map
attached as Exhibit “A” and described in Exhibit “C”, which are incorporated by reference.
DIVISION 2.
Any development of this property shall be subject to the conditions outlined Exhibit “B”, the Merrydale
Townhomes – Planned Development District, which is attached hereto and made a part hereof.
Attachment 2-9
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 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.
______________________
GARY O. PHILLIPS, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1979 was introduced at a Regular Meeting of the City Council of the City
of San Rafael, held on the 3rd day of February 2020 and ordered passed to print by the following vote,
to wit:
AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 18th day of February 2020.
LINDSAY LARA, City Clerk
Attachment 2-10
Exhibit A: Rezoning Map
Exhibit B: Planned Development District Standards
Exhibit C: Legal Property Description
Exhibit A
REZONING MAP
Attachment 2-11
APN 179-041-27 APN 179-041-28
PD Rezoning to Rescind PD 1594 to create a new PD for these two properties known as 3833
Redwood Highway/350 Merrydale Rd
Exhibit B
MERRYDALE TOWNHOMES – PLANNED DEVELOPMENT DISTRICT
Attachment 2-12
1. PURPOSE OF PLANNED DEVELOPMENT DISTRICT
The purpose of the Planned Development District for the 45-unit residential development is to
regulate the development of a 2.28-acre site known as the Merrydale Townhomes located at 350
Merrydale Road/3883 Redwood Highway.
2. LAND USE REGULATIONS
a) This PD permits a 45-unit residential condominium development on the 2.28-acre site, a 500
square foot Community Room for tenant use and a “Creek Promenade” area for use as a
recreational amenity, as per approved plan Sheet SP-2.
b) All other land uses shall follow the land use regulations set forth in the High Density Residential
(HR1) District land use classification as contained in Zoning Ordinance (SRMC 14.04.020).
c) Private Usable Open Space: Balconies provided for the units shall remain open and not be
enclosed or otherwise screened with mesh or other materials.
d) Common Usable Open Space on site to include:
• Community Room: A flexible space to be used by residents with a clear interior
dimension of 14’ 6” x 20’ 6” space, a kitchen area (with sink, stove and refrigerator) and
bathroom and storage area. A ping pong table and stacking tables shall be provided for
the space. The Community Room would have access to an exterior 500 sf patio area
with planters, seating and a BBQ as shown in approved Plan Sheet L4. This
community room shall remain available as a recreational space to all residents and shall
not be converted into a living unit or a leasing office or storage space.
• Creek Promenade: A creek promenade area shall be established along the north side of
the project site, adjacent to the Las Gallinas Creek. The creek promenade shall be
design with landscaping, removable fencing/benches/light bollards as per approved Plan
Sheet L1 through L3. Passive play area activities shall be installed for children as per
approved Plan Sheet L3. The promenade shall be used as a recreational amenity and
is also designed to provide access to equipment for creek maintenance activities.
e) Site Lighting fixtures (number and type) shall be installed as per approved Plan Sheet L11.
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 site shall be 60% as shown on the development plan.
b) Floor Area Ratio: N/A
c) Residential Density: Maximum of 45 residential units. Accessory dwelling units (ADU’s) or
Junior Dwelling Unit (JDU’s) are allowed on the site and do not count against the maximum
residential density. Future ADU’s on site shall be subject to the same regulations stipulated in
the Zoning Ordinance or as modified by State law.
Exhibit B
MERRYDALE TOWNHOMES – PLANNED DEVELOPMENT DISTRICT
Attachment 2-13
d) Minimum Yards:
• Front: 15’
• Side: 5’
• Rear: 5’
e) Maximum Building Height
• Building height limits for this site is 36’ per Exhibit 7 in San Rafael General Plan 2020.
• Exclusions to the maximum height limits shall be as prescribed by Section 14.16.120 of the
Zoning Ordinance, as amended.
f) Parking
• Residential parking shall be provided as proposed: 94 on-site parking spaces (87 garage
spaces, including 20 tandem spaces) and 7 uncovered on-site, on-street spaces (including
1 ADA space). The ADA space and on-street spaces on site shall be located as shown on
approved Plan Sheet SP-2.
• Parking for ADU or JADU’s shall follow the prescribed parking requirement in the Zoning
Ordinance.
4. EXHIBITS
a) Architectural Plans prepared by WHA Architects - Sheets SP1 through SP-7, and Architectural
Plan Sheets A-1 through A-13.
b) Civil Engineering Plans prepared by Oberkamper & Associates consisting of Sheet C-1 through
C-5.
c) Landscape Plan prepared by Ripley Design Landscape Architects, consisting of Sheets L1
through L12.
d) Photometric Study prepared by Associated Lighting Representatives consisting of Sheet 1.
5. AMENDMENTS
a) Amendments to uses that exceed the standards prescribed by this PD or propose uses that are
not consistent with the land use regulations of the PD shall require an amendment to the PD
District.
b) Amendments to the design, color or materials of the structures or minor site modifications to
site improvements or addition of minor accessory structures, shall be administered through an
Environmental and Design Review Permit.
Exhibit C
Legal Property Description
Attachment 2-14
The land referred to is situated in the County of Marin, City of San Rafael, State of California,
and is described as follows:
Parcel B, as shown upon that certain Parcel Map entitled "Parcel Map Division of the Lands of
Jacobson & Clayton Lots 1 to 13 and 22 to 31 Map of Subdivision "A" Gold Links Tract (2 Maps
7) City of San Rafael, California October 1982", filed for record November 9, 1983 in Book 21 of
Parcel Maps, at Page 6, Marin County Records.
APN: 179-041-27
179-041-28