HomeMy WebLinkAboutOrdinance 1767 (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. 1767 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING
MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY
REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN
RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY
FROM PLANNED DEVELOPMENT (PD) DISTRICT TO PLANNED
DEVELOPMENT (PD) DISTRICT (PD ORDINANCE NO. 1767) TO ALLOW FOR
AN 8 STUDIO APARTMENT UNIT ADDITION TO AN EXISTING 98 -UNIT
MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 10-95 NORTH
AVENUE (MCINNIS PARK APARTMENTS 1) (APN 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 18th day of June, 2001, a
SUMMARY of Ordinance No. 1767 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City
held on the 2nd day of July, 2001, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
3rd day of July, 2001
]E� (Seal)
J
ANNE M. LEONCINI, City Clerk
ORDINANCE NO. 1767
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF
THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION
14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD)
DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT (PD ORDINANCE NO. 1767)
TO ALLOW FOR AN 8 STUDIO APARTMENT UNIT ADDITION TO AN EXISTING 98 -
UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT 10-95 NORTH
AVENUE (MCINNIS PARK APARTMENTS I) (APN 155-251-54)
WHEREAS, on November 20, 2000, planning applications were submitted by McInnis
Housing Partners to the Community Development Department, Planning Division requesting a
Planned Development District approval (ZC00-13) for an 8 -unit addition to a 5.79 -acre site with
98 -unit multi -family residential complex; and
WHEREAS, on December 14, 2000, the applications were deemed to be complete for
processing by the Community Development Department, Planning Division; and
WHEREAS, the current Planned Development (PD) District zoning for this site does not
contain appropriate land use limitations and development standards, as required by Section
14.07.060 of the Zoning Ordinance. Rezoning has been initiated to establish the required
development standards for the addition of 8 studio apartment units on this 5.79 -acre site, as
outlined in Exhibit "A" - (McInnis Park Apartments I Expansion - Planned Development
District) attached hereto and incorporated by reference; and
WHEREAS, an accompanying application for Environmental and Design Review Permit
has been submitted and processed concurrently with the PD District Rezoning, as required by the
City's Zoning Ordinance, and has been recommended for approval by adoption of a separate
resolution; and
WHEREAS, upon review of the subject applications an Initial Study/Mitigated Negative
Declaration was prepared for the project consistent with the requirements of the California
Environmental Quality Act (CEQA). The City Council has adopted a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program for the project by adoption of a
separate resolution; and
WHEREAS, on May 15, 2001, the San Rafael Planning Commission held a duly -noticed
public hearing on the proposed Rezoning, as required by State law, and considered all written
correspondence, verbal testimony and the staff reports relevant to the proposal. The Planning
Commission on a 5-0-1 vote (Commissioner Scott absent) adopted Resolution No. 01-21,
recommending that the City Council adopt the PD rezoning with revisions to Sections 2, 3C, 3D,
3E, and the addition of Section 5, which have been incorporated as revisions to the McInnis Park
Expansion — Planned Development District document attached hereto as Exhibit "A" and
incorporated by reference; and
WHEREAS, on June 18, 2001, the San Rafael City Council held a duly -noticed hearing
on the proposed Rezoning as required by State law and has considered written correspondence,
verbal testimony, and staff reports relevant to the proposed amendment; and
WHEREAS, the San Rafael City Council adopts the Planned Development (PD) District
Rezoning based on the following findings, as required under Zoning Ordinance Sections
14.27.060 and 14.07.090:
The Development Plan, as modified by the recommended conditions of approval, is consistent in
principle with the San Rafael General Plan 2000, adopted neighborhood plans and other
applicable City plans or policies in that, the McInnis Park Apartments I Expansion - Planned
Development District document includes appropriate development standards, and is subject to an
Environmental and Design Review Permit, implementing the intent of Chapter 25 of the San
Rafael Zoning Ordinance, the applicable General Plan land use policies, including Land Use
Policies: LU -1 Timing of Development, LU -9e Medium Density Residential Land Use Category,
LU -1 Ob Residential Density Bonus, LU -12 Master Plan Zoning, LU -19 Design Approach, LU -20
Overall City Character, LU -21 Building Heights, LU -22 Bay and Hillside Views, LU -27
Apartment Recreation Standards, LU -29 Tree Preservation, LU -32 Water Conservation, LU -34
Residential Site Design, LU -35 Project Design Considerations, LU -36 Additional Community
Design Map Considerations, LU -48 Fire and Police Services, LU -51 Water and Sewer Facilities,
LU -55 Odor Impacts; Circulation Policies: C-1 Level of Service, C-2 Level of Service Midpoint,
C -3c Timing of Development, C-4 Trip Allocations, C-6 Bonus Trips, C-7 Projects in
Circulation Impacted Area, and C-18 Area Transportation Improvement Programs; Housing
Policy: H-15 Future Development, H-17 Quality Affordable Housing, H-19 Below Mark Rate
Housing in Market Rate Residential Projects, H-20 Affordable Housing Projects, H-22 Rent and
Income Restrictions on Rental BMR Units, H-35 Rental Housing; Recreation Policies: R-4 New
Development, R-5 Onsite Recreational Facilities, and R-14 Trails; Natural Environment Policies:
NE -6 Access to Open Space, NE -13 Protection of Environmental Resources, NE -20 Preservation
of Hillsides, and NE -23 Archaeological Studies; Health and Safety Policies: S-1 Location of
Future Development, S-3 Use of Hazard Maps in Development Review, S-4 Geotechnical
Review, S-5 Soils and Geologic Review, S-6 Minimize Geological Hazards, and 5-24 Access for
Emergency Vehicles; Noise Policies: N-1 Land Use Compatibility Standards, N-2 New
Construction, N-7 Interior Noise Standards; and Special Residential Neighborhood Policies:
RES -1 Development in Residential Neighborhoods.
Furthermore, the project is consistent with the following policies of the North San Rafael Vision
Plan: Natural Environment: Action C.1 Provide opportunities for people to enjoy the natural
environment; and Homes for a Variety of People: Action A.1 - Identify opportunities for
development of housing on vacant or underutilized land.
2. The multi -family residential development constitutes an addition to an existing residential
development of sustained desirability and stability in harmony with the character of the
surrounding neighborhood and adequate open space has been provided in that the development
proposes design standards that consider the hillside setting, bordering open space, and the
surrounding multi -family residential developments.
3. The applicant has demonstrated that public facilities are provided to serve the anticipated
population given that sewer, water and refuse services currently serve the existing development
and are available to serve the proposed addition.
4. The 8 -unit addition is improved by deviations from typical Zoning Ordinance property
development and parking standards in that the project provides development areas which
minimize visual, grading and tree removal impacts on the site.
5. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and
public safety, and secondary emergency vehicle access from North Redwood Drive and Deer
Valley Road is maintained to serve this proposed development given that site access is provided
to the site from existing City roadways, the access and site layout has been reviewed by the
appropriate City Departments and has been determined to meet City standards, and guest parking
would be provided on an adjacent site in compliance with all relevant City development
standards.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER ORDAIN AS
FOLLOWS:
DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by
Section 14.01.020 of the Municipal Code is amended by reclassifying the following real property
from PD (Planned Development) District to PD (Planned Development — Ordinance No. 1767)
District. Said property so reclassified is located west of the intersection of Silveira Parkway and
North Avenue, San Rafael, as shown on County Assessor's Parcel No. 155-251-54, per legal
description attached as Exhibit `B." ,
DIVISION 2. Any development of this property shall be subject to the conditions outlined
Exhibit "A", the McInnis Park Apartments I Expansion - Planned Development District which is
attached hereto and made a part hereof.
DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or
more section, subsection, sentence, clause, or phrase be declared invalid.
DIVISION 4. A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to
the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after adoption,
together with the names of the Councilmembers voting for or against same, in the Marin County
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Council members voting for an against the Ordinance.
Attest:
JE M. "LEOCINI, City Clerk
The foregoing Ordinance Number 1767 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on the 18`h day of June, 2001 , and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
And will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of
the Council to be held on the on the 2nd day of July. 2001
JER�Nf M. LEON CINI, City Clerk
4
Exhibit A
McInnis Park Apartments I Expansion
Planned Development District
1) PURPOSE OF PLANNED DEVELOPMENT DISTRICT
The purpose of the Planned Development District is to regulate the development of an 8 -unit expansion of
an existing 98 unit multi -family complex on a 5.79 -acre parcel located at the end of North Avenue. The PD
District zoning classification will ensure the development of the site in accordance with the provisions of
the property development regulations. The intent of the PD District is to ensure the 8 unit, one building
expansion is consistent in design with the existing 98 unit, twelve building complex
2) LAND USE REGULATIONS
A) Permitted Uses:
i) Market rate and below market rate rental multi -family units, not to exceed 106 units total;
ii) Ancillary open space and recreational uses and accessory structures and uses customarily
incidental to a permitted use and contained on the same site;
iii) Home occupations;
iv) Small residential care facilities for 0-6 handicapped residents, if all other local and State
requirements can be met;
v) Small residential care facilities for 0-6 residents, if all other local and State requirements can
be met; and
vi) Small family day care home for 0-6 children or adults, if all other local and State requirements
can be met.
B) Conditional uses:
i) None
3) DEVELOPMENT STANDARDS
The 8 unit multi -family expansion Planned Development shall be developed in conformance with the
development plans, associated drawings and reports submitted with the Planned Development as listed in
the Exhibit section and the development standards set forth below.
A) Minimum Lot Area
i) 5.79 acres
ii) No further subdivision of the parcel as shown on the Tentative Map, to allow for the creation of
additional building sites shall be permitted.
B) Maximum Lot Coverage
The 8 -unit building has a footprint of approximately 2,500 square feet, which, relative to the entire
site of 5.79 acres is less than 1% of the site. Therefore, it is not expected to significantly impact the
lot coverage and landscape coverage of the existing 98 -unit complex.
C) P.M. Peak Trips
The existing 98 -unit McInnis Park Apartments I does not have additional P.M. peak hour trips
assigned for its use and is assumed to be built out. The proposed 8 studio apartment unit expansion
at this site would require a bonus trip allocation of 7 P.M. peak hour trips. A Trip Permit shall be
secured for the allocation of these additional trips.
McInnis Park Apartments I Expansion — Planned Development District
ZC00-13 IED00-146 Page A-1
Exhibit A
D) Minimum Yards
i) Consistent with original approved plans for the original 98 McInnis Park Apartments and the
additional 8 studio units.
ii) The minimum distance between residential structures is 15'.
iii) Exclusions to the required minimum yards shall be consistent with Section 14.16.130 of the San
Rafael Zoning Ordinance.
E) Maximum Building Heights
The maximum building height is 36 feet as defined by the Uniform Building Code.
F) Minimum Usable Outdoor Area
Each apartment has a 52 square foot balcony for private outdoor space. In addition there are
currently common area amenities including, swimming pool, children's playground, BBQ area and a
walking trail
G) Parking
The project shall meet City standards for on-site resident parking requirements of 1.0 space for each
new studio unit. Guest parking will be consistent with levels existing as of November 2000. Total
parking consists of:
i) 178 pre-existing spaces (192 -14 removed at studios)
ii) 12 new spaces with studios
iii) 10 new spaces throughout site
iv) 7 new guest spaces on McInnis I for McInnis H
v) 207 spaces total proposed spaces
H) Landscaping
The footprint of the 8 -unit building will be built over parking and the tow of the slope with no
vegetation on it; therefore, there is no impact on the existing landscaping. Some new landscaping
will be created (See Landscaping Plan)
I) Preservation of Trees
Four fruitless mulberry trees planted 3 years ago for shade will be removed. The older redwood
trees that serve as a hedge between the proposed building, and building 90 (directly south of the
proposed building) will be preserved. All other natural trees on the site shall not be removed without
an Environmental Design Review Permit.
J) Circulation
i) North Avenue, a private roadway off of Silveira Parkway is the primary means of access to this
site.
ii) A secondary emergency access is provided to North Avenue, northwest of the site.
K) Grading
Grading will be minimal since the structures will occupy an area already graded for parking and will
step up the existing slope behind the parking. It is estimated that there will be about 500 cubic yards
of excavation to be exported from the site. Standard grading conditions will apply.
4) EXHIBITS
McInnis Park Apartments I Expansion — Planned Development District
ZC00-13 IED00-146 Page A-2
Exhibit A
Exhibits on file with the Planning Department include the following:
A) Architectural Site Plans & Sections, James Guthrie & Associates, dated 1/25/01
B) Civil Engineering Drawings, Lee Oberkamper & Assoc., revised 1/25/01
C) Landscape Plan, Pedersen & Assoc. 1/30/01
5) AMENDMENTS
A) Request for changes in the content of the approved PD District and development plan shall be
treated as a zoning amendment (rezoning). Rezoning shall be heard and decided by the City Council.
The procedures for filing and processing a rezoning shall be the same as those established for an
initial PD District and development plan application and consistent with Section 14.07 and 14.27 of
the San Rafael Zoning Ordinance.
B) Minor changes or additions to the PD District may be granted through either an Exception or
Environmental and Design Review Permit, as determined by the Community Development Director
and identified in Section 5.0 of this PD text. Intensification of residential units, traffic allocation,
building height, reduction in parking, or other changes shall be determined to be major and be
subject to paragraph Section 5.A of the PD text
C) If changes are determined to be minor by the Community Development Director, the following
process shall be established:
i) An Environmental and Design Review Permit shall be required to allow new improvements on
the site or minor changes to the architecture of the structure. The 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.
ii) An Exception shall be required to allow flexibility in the application of minor site development
regulations. The Community Development Director shall determine whether proposed
improvements, changes, or additions to the PD District are minor or incidental and within the
intent and objectives of the PD District. If so determined, Community Development Director
may approve, conditionally approve, or deny applications for Exceptions consistent with the
process identified in Chapter 14.24 of the San Rafael Zoning Ordinance.
Mchinis Park Apardnents 1 Expansion — Planned Development District
ZC00-13 IED00-146 Page A-3
Exhibit B
Legal Description
All that certain real property situated in the City of San Rafael, County of Marin, State of California,
more particularly described as follows:
ALL TI1AT PORTION shown upon that certain parcel map entitled, "Parcel Map of Lot 5B of Parcel
Map of Lot Line Adjustment Lots 5, 12 & Parcel C, Smith Ranch —Northerly Portion - 17 R.M. 39 - 21
P.M. 88 — 23 PM 46 — Lands of Medical Retirement Communities, Inc., San Rafael, Marin County
California," filed for record October 31, 1988 in Book 24 of Parcel Maps at Page 36, Marin County
Records.
EXCEPTING THERFROM that portion lying within Silveira Parkway.
McInnis Park Apartments I Expansion — Planned Development District
ZC00-13 IED00-146 Page B-1