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HomeMy WebLinkAboutOrdinance 1768 (McInnis Park Apartments)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1768 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT (PD ORDINANCE NO. 1768) TO ALLOW A 42 -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS II) (APNs 155-370- 07 & 155-370-08)" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 18th day of June. 2001, a SUMMARY of Ordinance No. 1768 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 2nd day of July, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 3rd day of July, 2001 (Seal) JE M. LEONGM, City Clerk ORDINANCE NO. 1768 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT (PD ORDINANCE NO. 1768 ) TO ALLOW A 42 -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS II) (APNs 155-370-07 & 155-370-08) WHEREAS, on October 19, 2000, planning applications were submitted by MHPII to the Community Development Department, Planning Division requesting a Planned Development District approval (ZC00-13) for development of a 2.2 -acre parcel with 42 multi -family residential units; and WHEREAS, on December 14, 2000, the applications were deemed to be complete for processing by the Community Development Department, Planning Division; and WHEREAS, the current Planned Development (PD) District zoning for this site does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of the Zoning Ordinance. Rezoning has been initiated to establish the required development standards for development of 42 multi -family residential units on this 2.2 -acre site, as outlined in Exhibit "A" - (McInnis Park Apartments II - Planned Development District) attached hereto and incorporated by reference; and WHEREAS, accompanying applications for an Environmental and Design Review Permit, Parcel Map, and Trip Permit have been submitted and processed concurrently with the Rezoning application, as required by the City's Zoning Ordinance, and has been recommended for approval by adoption of a separate resolution; and WHEREAS, upon review of the subject applications an Initial Study/Mitigated Negative Declaration was prepared for the project consistent with the requirements of the California Environmental Quality Act (CEQA). The San Rafael City Council has adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project by adoption of a separate resolution; and WHEREAS, on May 15, 2001, the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Rezoning, as required by State law, and considered all written correspondence, verbal testimony and the staff reports relevant to the proposal. The Planning Commission on a 5-0-1 vote (Commissioner Scott absent) adopted Resolution No. 01-21, recommending that the City Council adopt the PD rezoning with revisions to Sections 2, 2A, 3D, 3E, and the addition of Section 5, which have been incorporated as revisions to the McInnis Park Apartments II— Planned Development District document attached hereto as Exhibit "A" and incorporated by reference; and WHEREAS, on June 18, 2001, the San Rafael City Council held a duly -noticed hearing on the proposed Rezoning as required by State law and has considered written correspondence, verbal testimony, and staff reports relevant to the proposed amendment. WHEREAS, the San Rafael City Council adopts the Planned Development (PD) District Rezoning based on the following findings, as required under Zoning Ordinance Sections 14.27.060 and 14.07.090: The Development Plan, as modified, is consistent in principle with the San Rafael General Plan 2000, adopted neighborhood plans and other applicable City plans or policies in that, the McInnis Park Apartments II - Planned Development District document includes appropriate development standards, and is subject to an Environmental and Design Review Permit, implementing the intent of Chapter 25 of the San Rafael Zoning Ordinance, the applicable General Plan land use policies, including Land Use Policies: LU -1 Timing of Development, LU -9e Medium Density Residential Land Use Category, LU- 1Ob Residential Density Bonus, LU -12 Master Plan Zoning, LU -19 Design Approach, LU -20 Overall City Character, LU -21 Building Heights, LU -22 Bay and Hillside Views, LU -27 Apartment Recreation Standards, LU -29 Tree Preservation, LU -32 Water Conservation, LU -34 Residential Site Design, LU -35 Project Design Considerations, LU - 36 Additional Community Design Map Considerations, LU -48 Fire and Police Services, LU -51 Water and Sewer Facilities, LU -55 Odor Impacts; Circulation Policies: C-1 Level of Service, C-2 Level of Service Midpoint, C -3c Timing of Development, C-4 Trip Allocations, C-6 Bonus Trips, C-7 Projects in Circulation Impacted Area, and C-18 Area Transportation Improvement Programs; Housing Policy: H-15 Future Development, H-17 Quality Affordable Housing, H-19 Below Mark Rate Housing in Market Rate Residential Projects, H-20 Affordable Housing Projects, H-22 Rent and Income Restrictions on Rental BMR Units, H-35 Rental Housing; Recreation Policies: R-4 New Development, R-5 Onsite Recreational Facilities, and R-14 Trails; Natural Environment Policies: NE -6 Access to Open Space, NE -13 Protection of Environmental Resources, NE -20 Preservation of Hillsides, and NE -23 Archaeological Studies; Health and Safety Policies: S-1 Location of Future Development, S-3 Use of Hazard Maps in Development Review, S-4 Geotechnical Review, S-5 Soils and Geologic Review, S-6 Minimize Geological Hazards, and S-24 Access for Emergency Vehicles; Noise Policies: N-1 Land Use Compatibility Standards, N-2 New Construction, N-7 Interior Noise Standards; and Special Residential Neighborhood Policies: RES -1 Development in Residential Neighborhoods. Furthermore, the project is consistent with the following policies of the North San Rafael Vision Plan: Natural Environment: Action C.1 Provide opportunities for people to enjoy the natural environment; and Homes for a Variety of People: Action A.1 - Identify opportunities for development of housing on vacant or underutilized land. 2. The multi -family residential development constitutes a residential development of sustained desirability and stability in harmony with the character of the surrounding neighborhood, and where applicable, adequate open space has been provided in that the development proposes design standards that consider the hillside setting, bordering open space, and the surrounding multi -family residential development, and maintains 51 percent of the site as undisturbed area. 3. The applicant has demonstrated that public facilities are provided to serve the anticipated population given that sewer, water and refuse services are available to serve the in -fill 2 development, and proposed drainage improvements to the existing system would ensure adequate site drainage. 4. The development is improved by deviations from typical Zoning Ordinance property development and parking standards in that the project provides development areas which minimize visual, grading and tree removal impacts on the site. 5. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety, and secondary emergency vehicle access from North Redwood Drive and Deer Valley Road is maintained to serve this proposed development given that site access is provided to the site from existing City roadways, the access and site layout has been reviewed by the appropriate City Departments and has been determined to meet City standards, and guest parking would be provided on an adjacent site in compliance with all relevant City development standards. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01.020 of the Municipal Code is amended by reclassifying the following real property from PD (Planned Development) District to PD (Planned Development — Ordinance No. 1768 District. Said property so reclassified is located west of the intersection of Silveira Parkway and North Avenue, San Rafael, as shown on County Assessor's Parcel No. 155-370-07 & 155-370- 08, per legal description attached as Exhibit `B." DIVISION 2. Any development of this property shall be subject to the conditions outlined Exhibit "A", the McInnis Park Apartments II - Planned Development District which is attached hereto and made a part hereof. DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid. DIVISION 4. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after adoption, together with the names of the Councilmembers voting for or against same, in the Marin County Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Council members voting for an against the Ordinance. AMBER. BORO, N Payor Attest: JEt'�MM. 22NOM, City Clerk The foregoing Ordinance Number 1768 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 18th day of June, 2001 , and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEM 3ERS: ABSENT: COUNCILMEM 3ERS: Cohen, Heller, Miller, Phillips and Mayor Boro None None And will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the on the 2°a day of Julv, 2001 J M. LEON I I, City Clerk 4 Exhibit A McInnis Park Apartments II Planned Development District 1) PURPOSE OF PLANNED DEVELOPMENT DISTRICT The purpose of the Planned Development District for 42 multi -family residential units is to regulate the development of a 2.283 -acre parcel located at the end of North Avenue. The PD District zoning classification will ensure the development of the site in accordance with the provisions of the property development regulations. The intent of the PD District is to accomplish the following: A) To promote clustered development within an appropriate area of the site. B) To develop innovative design and site planning for the 42 unit multi -family residential complex and to establish flexible development and design standards that will provide an integral approach to a functional and aesthetically pleasing development plan. C) To maintain the natural features of the hillside in the rear of the parcel. 2) LAND USE REGULATIONS Up to 42 multi -family residential units, consistent with the San Rafael General Plan Medium Density Residential designation as augmented by a density bonus and Trip Permit in recognition for at least 9 of the 42 units being affordable: 2 for moderate income households, 4 for low-income households and 3 for very low-income households. Uses ancillary to the multi -family residential uses such as recreational, parking and open space improvements shall be permitted consistent with the approved Environmental and Design Review for the project. A) Other Permitted Uses i) Home occupations; ii) Small residential care facilities for 0-6 handicapped residents, if all other local and State requirements can be met; iii) Small residential care facilities for 0-6 residents, if all other local and State requirements can be met; iv) Small family day care home for 0-6 children or adults, if all other local and State requirements can be met; and v) Accessory structures and uses customarily incidental to a permitted use and contained on the same site. B) Conditional Uses i) None 3) DEVELOPMENT STANDARDS The 42 -unit multi -family residential Planned Development shall be developed in conformance with the development plans, associated drawings and reports submitted with the Planned Development as listed in the Exhibit section and the development standards set forth below. A) Minimum Lot Area McInnis Park Apartments II - Planned Development District ZC00-12/ED00-1311S00-1 JITP00-03 Page A-1 Exhibit A i) 2.283 acres ii) No further subdivision of the parcel as shown on the Tentative Map, to allow for the creation of additional building sites shall be permitted. B) Maximum Lot Coverage The maximum lot coverage is 0.577 acres (25.28%) of which 0.412 acres is for buildings and 0.165 acres is for carports C) P.M. Peak Trips The General Plan Appendix B identifies that this site is assigned 18 P.M. peak hour trips. The project is estimated to generate a total of 36 P.M. peak hour trips, and therefore, would require the securing of 18 P.M. peak hour trips from the General Plan affordable housing reserve through a Trip Permit. D) Minimum Yards i) The minimum yards shall be consistent with the approved site plan for the project. Since the project is not adjacent to any public right-of-way, setbacks are measured from parcel boundaries and are generally at least 10 feet. ii) The minimum distance between residential structures shall be at least 15 feet. iii) Exclusions to the required minimum yards shall be consistent with Section 14.16.130 of the San Rafael Zoning Ordinance. E) Maximum Building Height The maximum building height is 36 feet as defined by the Uniform Building Code. F) Minimum Usable Outdoor Area The private outdoor area per unit averages 90 square feet and was derived as follows: i) Units A & B (81 square feet patios x 8 units) + (101 square feet balcony x 16 units) _ 2,264 ii) Unit C (73 square feet patio x 7 units) + (91 square feet balcony x 11 units) = 1,512 In addition, the patio and first floor clubhouse area totals 2,940 square feet or, an average of 70 square feet per unit. The walking path and bench area on the hillside are estimated to be 2,400 square feet of common outdoor area, which is another 57 square feet per unit. As such the totals are: i) Private patio or deck 90 square feet per unit ii) Clubhouse & Common area patio 70 square feet per unit iii) Hillside path and bench 57 square feet per unit G) Parking The project shall meet City standards for on-site resident parking requirements of 1.5 spaces for each one -bedroom unit and 2.0 spaces for each two-bedroom unit. Guest spaces may be located at the westerly end of the adjacent McImiis Park Apartments I complex consistent McInnis Park Aparhnents II - Planned Development District ZC00-121ED00-131 /500-11ITP00-03 Page A-2 Exhibit A with the environmental review for the project and upon securing an easement for the guest parking from the owners of the adjacent property. H) Landscaping The amount of the open space including irrigated and natural open space is 1.164 acres or 50.98% of the lot area. 1) Preservation of Trees The project is proposed to be located primarily on the already -graded portion of the site, with minor grading into the toe of the slope south of the proposed apartments. As a result of that grading, a few young trees will be removed from the otherwise heavily wooded slope behind/south of the proposed apartments. Trees to be removed include the following: (a) 2 low branching bushy clumps of Quercus agrifolia 12-15' high; (b) 2 young tree trunk standards of Quercus agrifolia, 12-15' high; (c) 1 skinny Madrone, 15' high; (d) 2 low branching bushy clumps of Madrones, 12'high; and (e) 1 Quercus lobata, 12'high The landscaping plan includes the planting of sufficient new trees to mitigate the loss of 8 young trees at the toe of the slope. All other natural trees and landscaping trees on the site, except for those identified above shall not be removed without an Environmental Design Review Permit. J) Circulation Access is via an extension of North Avenue, a private roadway off of Silveira Parkway, through the existing McInnis Park Apartments I. A secondary emergency access is provided on the northwestern corner of the parking lot onto North Avenue. K) Grading Grading will be minimal since the building will be located in an area previously graded. Most of the grading will be for the purpose of building the retaining wall that will cut into the toe of the slope It is estimated that 6,900 cubic yards will be excavated, of which 3300 cubic yards will be used for fill and 3,600 cubic yards will be exported. (Refer to grading and drainage plan) Standard grading conditions will apply. 4) EXHIBITS Exhibits on file with the Planning Department include the following: A) Architectural Site Plans and Sections, James Guthrie, 1/25/01 B) Civil Engineering Drawings, Lee Oberkamper & Assoc. revised 1/24/01 C) Landscape Plan, Pedersen & Assoc. 1/30/01 McInnis Park Apartments II - Planned Development District ZC00-121ED00-1311500-111TP00-03 Page A-3 Exhibit A 5) AMENDMENTS A) Request for changes in the content of the approved PD District and development plan shall be treated as a zoning amendment (rezoning). Rezoning shall be heard and decided by the City Council. The procedures for filing and processing a rezoning shall be the same as those established for an initial PD District and development plan application and consistent with Section 14.07 and 14.27 of the San Rafael Zoning Ordinance. B) Minor changes or additions to the PD District may be granted through either an Exception or Environmental and Design Review Permit, as determined by the Community Development Director and identified in Section 5.0 of this PD text. Intensification of residential units, traffic allocation, building height, reduction in parking, or other changes shall be determined to be major and be subject to paragraph Section 5.A of the PD text C) If changes are determined to be minor by the Community Development Director, the following process shall be established: i) An Environmental and Design Review Permit shall be required to allow new improvements on the site or minor changes to the architecture of the structure. The Planning Director shall determine whether the changes are considered Minor Physical Improvements or an Administrative Design Permit. Once determined, the process shall be consistent with Chapter 25 of the San Rafael Zoning Ordinance. If so determined, the Community Development Director may approve, conditionally approve, or deny applications for Environmental and Design Review Permits consistent with the process identified in Chapter 14.25 of the San Rafael Zoning Ordinance. ii) An Exception shall be required to allow flexibility in the application of minor site development regulations. The Community Development Director shall determine whether proposed improvements, changes, or additions to the PD District are minor or incidental and within the intent and objectives of the PD District. If so determined, Community Development Director may approve, conditionally approve, or deny applications for Exceptions consistent with the process identified in Chapter 14.24 of the San Rafael Zoning Ordinance. McInnis Park Apartments II - Planned Development District ZC00-121ED00-131 /500-11ITP00-03 Page A-4 Exhibit B Legal Description All that certain real property situated in the City of San Rafael, County of Marin, State of California, more particularly described as follows: Parcels F and G as shown on that certain map entitled "Map of Smith Ranch Homes" recorded January 5, 1989 in Volume 20 of Maps at page 58, Marin County Records. McInnis Park Apartments II - Planned Development District ZC00-121ED00-131/S00-I JITP00-03 Page B-1