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HomeMy WebLinkAboutOrdinance 1801 (McInnis Park Apartments)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1801 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD DISTRICT (ZCO2-04) TO ALLOW THE CONSTRUCTION OF 14 TWO-BEDROOM APARTMENTS ON A VACANT 0.92 -ACRE SITE LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS IIB) AND INCORPORATING THE PREVIOUSLY APPROVED PD DISTRICT ZONING FOR MCINNIS PARK APARTMENTS I AND II INTO THE NEW PD DISTRICT (APNS: 155 -370 - PARCEL B, 155-370-07 AND 08, AND 155-251-54)" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 21st day of April 2003, a SUMMARY of Ordinance No. 1801 was published as required by City Charter in the MAR1N INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 5th day of May. 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips WITNESS my hand and the official seal of the City of San Rafael this 7th day of May, 2003 JEARA M. LEON INI, City Clerk ORDINANCE NO. 1801 AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD DISTRICT (ZCO2-04) TO ALLOW THE CONSTRUCTION OF 14 TWO-BEDROOM APARTMENTS ON A VACANT 0.92 -ACRE SITE LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS IIB) AND INCORPORATING THE PREVIOUSLY APPROVED PD DISTRICT ZONING FOR MCINNIS PARK APARTMENTS I AND II INTO THE NEW PD DISTRICT (APNS: 155 -370 -PARCEL B, 155-370-07 AND 08, AND 155-251-54) WHEREAS, on July 2, 2001, the City Council adopted Ordinance Nos. 1767 and 1768, which established revised Planned Development (PD) establishing the land use regulations for a 98 -unit apartment complex (McInnis Park Apartments I) and a 42 -unit apartment building (McInnis Park Apartments II); and WHEREAS, on December 9, 2002, a Rezoning application was submitted to the Community Development Department by McInnis Housing Partners requesting a revised PD District (ZCO2-04) to allow the development of 14 two-bedroom residential apartments on a vacant 0.92 -acre site, and on January 21, 2003, the application was deemed to be complete for processing; and WHEREAS, the proposed project to construct 14 apartments includes changes to the land boundaries and location of parking spaces for the previously approved PD 1767 and 1768; and WHEREAS, the current Planned Development (PD) District zoning for this site does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of the Zoning Ordinance. Rezoning has been initiated to establish the required development standards for the proposed addition of 14 two-bedroom, multi -family residential units as well as to incorporate the existing and previously approved standards for McInnis Park Apartments I and II, as outlined in Exhibit "A" - (MCInids Park Apartments - Planned Development District); and WHEREAS, accompanying applications for an Environmental and Design Review Permit (ED02-159), a Tentative Map (S02-14) and a Trip Permit (TP02-01) have been submitted and are being processed concurrently with the Rezoning application, as required by the Zoning Ordinance; and WHEREAS, the City Council has adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed project by a separate resolution; and ar!� I I AL .%off 6� WHEREAS, on March 25, 2003, the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Rezoning, and recommended that the City Council adopt the PD rezoning as illustrated in McInnis Park Apartments -- Planned Development District text attached hereto as Exhibit "A" and incorporated by reference; and WHEREAS, on April 21, 2003, the San Rafael City Council held a duly -noticed public hearing on the proposed Rezoning, accepting all oral and written public testimony, the recommendation fo the Planning Commission, and the written report of the Community Development Department staff. NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01.020 of the Municipal Code is amended by reclassifying the following real property from PD (Planned Development) 1574, 1767 and 1768 Districts to PD (Planned Development — Ordinance No. 1801 ) District. Said property so reclassified is located west of the intersection of Silveira Parkway and North Avenue, San Rafael, as shown on County Assessor's Parcel Nos. 155 -370 -Parcel B, 155-370-07 and 08, and 155-251-54, per the legal description attached as Exhibit `B." DIVISION 2. Any development of this property shall be subject to the standards outlined in Exhibit "A", the McInnis Park Apartments - Planned Development District which is attached hereto and made a part hereof. DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid. DIVISION 4. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. 2 This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Council members voting for an against the Ordinance. 0 A , ATTEST: JLVANNE M. LEONCI I, City Clerk The foregoing Ordinance No 1801 read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 21St day of April, 2003 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 5t" day of May, 2003. JE%KNE M.-LEONCES I, City Clerk 3 Exhibit A McInnis Park Apartments Planned Development District McInnis Park Apartments PD Text: As generally illustrated by the TWM site plan for Phase I, lI and 11-13, the McInnis Park Apartments zoning allows and requires the following: 1. PURPOSE OF PLANNED DEVELOPMENT DISTRICT a. The purpose of the Planned Development District for 98 units (Phase 1), 42 units (Phase II) and 14 multi -family residential units (Phase H -B) with an expected total of 154 units is to regulate the development of a 5.5 acre (Phase 1), 2.57 acre (Phase H) and 0.92 acre parcel totaling 8.99 acres located at the end of North Avenue. The PD District zoning classification will ensure the development of the site in accordance with the provisions of the property development regulations. The intent of the PD District is to accomplish the following: b. To promote clustered development within an appropriate area of the site. c. To develop innovative design and site planning for the 154 unit multi -family residential complex and to establish flexible development and design standards that will provide an integral approach to a functional and aesthetically pleasing development plan. d. To maintain the natural features of the hillside in the rear of the parcel. 2. LAND USE REGULATIONS Up to 154 multi -family residential units, consistent with the San Rafael General Plan Medium Density Residential designation. Uses ancillary to the multi -family residential uses such as recreational, parking and open space improvements shall be permitted consistent with the approved Environmental and Design Review for the project. a. Other Permitted Uses Home occupations; Small residential care facilities for 0-6 handicapped residents, if all other local and State requirements can be met; Small residential care facilities for 0-6 residents, if all other local and State requirements can be met; Small family day care home for 0-6 children or adults, if all other local and State requirements can be met; Accessory structures and uses customarily incidental to a permitted use and contained on the same site. b. Conditional Uses None 3. DEVELOPMENT STANDARDS The Planned Development shall be developed in conformance with the development plans, associated drawings and reports submitted with the Planned Development as listed in the Exhibit section and the development standards set forth below. a. Maximum Lot Coverage The maximum lot coverage for the 154 units is 26%. Exhibit A-1 Exhibit A b. P.M. Peak Trips No additional P.M. peak hour trips are associated with the site. Phase II -B required twelve P.M. peak hour trips for 14 units and Phase H required 36 P.M. peak hour trips for the 42 units. c. Minimum Yards 1. Setbacks are measured from parcel boundaries and are generally at least 10 feet. 2. The minimum distance between residential structures shall be at least 10 feet on the 14 units and 15 feet on the 42 units. 3. Exclusions to the required minimum yards shall be consistent with Section 14.16.130 of the San Rafael Zoning Ordinance. d. Maximum Building Height The maximum building height is 36 feet as defined by the Uniform Building Code. e. Minimum Usable Outdoor Area The private outdoor area per unit averages 83 square feet. L Parking The project shall provide 307 parking spaces that will be shared between the different phases. The cross parking arrangements are done in this fashion to allow for each building to have parking spaces closest to the building even if it is on a different parcel. g. Landscaping The amount of the open space including irrigated and natural open space is approximately 4.05 acres or 45% of the lot area of 8.99 acres. 4. EXHIBITS Refer to the Overall Project Site Plan proposed for Phase B — Sheet B, prepared by TWM, revised 01/16/03. All other exhibits required are on file with the Planning Department. 5. AMENDMENTS a. Request for changes in the content of the approved PD District and development plan shall be treated as a zoning amendment (rezoning). Rezoning shall be heard and decided by the City Council. The procedures for filing and processing a rezoning shall be the same as those established for an initial PD District and development plan application and consistent with Section 14.07 and 14.27 of the San Rafael Zoning Ordinance. b. Minor changes or additions to the PD District may be granted through either an Exception or Environmental and Design Review Permit, as determined by the Community Development Director and identified in Section 5.0 of this PD text. Intensification of residential units, traffic allocation, building height, reduction in parking, or other changes shall be determined to be major and be subject to paragraph Section 5.A of the PD text. Exhibit A-2 Exhibit A c. If changes are determined to be minor by the Community Development Director, the following process shall be established: An Environmental and Design Review Permit shall be required to allow new improvements on the site or minor changes to the architecture of the structure. The Community Development Director shall determine whether the changes are considered Minor Physical Improvements or an Administrative Design Permit. Once determined, the process shall be consistent with Chapter 25 of the San Rafael Zoning Ordinance. If so determined, the Community Development Director may approve, conditionally approve, or deny applications for Environmental and Design Review Permits consistent with the process identified in Chapter 14.25 of the San Rafael Zoning Ordinance. 2. An Exception shall be required to allow flexibility in the application of minor site development regulations. The Community Development Director shall determine whether proposed improvements, changes, or additions to the PD District are minor or incidental and within the intent and objectives of the PD District. If so determined, Community Development Director may approve, conditionally approve, or deny applications for Exceptions consistent with the process identified in Chapter 14.24 of the San Rafael Zoning Ordinance. The PD is intended to be similar to the regulations of the NM (Multi -family Residential, 1 unit per 2,000 square feet) District. The only variation in the McInnis Park Apartments 1I-13 PD regulations as compared to the MR2 regulations is that the yards are sometimes less than the MR2 minimums. Exhibit A-3 Exhibit B LEGAL DESCRIPTION MCINNIS PARK APARTNfENTS PARCELS 1, 2, AND 2B A parcel of land being a portion of Lot 5B as shown on that Parcel Map titled "PARCEL MAP OF LOT 5B of "Parcel Map of Lot Line Adjustment — Lots 5, 12 & Parcel C, Smith Ranch — Northerly Portion — 17RM39 — 21PM88" — 23PM46", situate in the City of San Rafael, County of Marin, State of California, Recorded in Book 24 of Parcel Maps, at Page 36, Marin County Records; also being a portion of Parcels B, F, and G, as shown on the "Map of SMITH RANCH HOMES a Condominium Being a Resubdivision of Lots 5 & 12 of Smith Ranch - Northerly Portion-17RM39 - 21PM88 - 23PM46", situate in the City of San Rafael, County of Marin, State of California, Recorded in Book 20 of Maps, at Page 58, and more particularly described as follows: BEGINNING at a point on the westerly right of way line of Silveira Parkway, as shown on said aforementioned 24PM-36, said point of beginning being at the northerly end of a 2677.78 foot radius curve, the radius point of which bears South 82°2336" West; Thence, leaving said westerly Silveira right of way, and along the southwesterly line of said Lot 5B, the following courses and distances: North 33000'00" West 320.96 feet, North 74°00'00" West 86.85 feet, South 70000'00" West 175.00 feet, North 41000'00" West 160.00 feet, North 8°00'00" West 295.00 feet, and North 29000'00" West 120.00 feet to the most southerly corner of the aforementioned Parcel F (20M58); Thence, along the southwesterly line of said Parcels F and G, North 79°17'08" West 226.66 feet; Thence, North 58010'58" West 334.77 feet; Thence, North 27°3648" West 61.70 feet, to the most westerly point of said Parcel G; Thence, along the westerly line of said Parcel G, North 40°30'00" East 122.60 feet; Thence, leaving said westerly line, South 49°30'00" East 23.00 feet; Thence, North 40°30'00" East 155.34 feet to a point on the northeasterly line of said aforementioned Parcel B (20M58); Thence, along said northeasterly line, South 4810436" East 216.72 feet and South 51°2836" East 313.14 feet to the most northerly point of said aforementioned Lot 5B (24PM36); Thence, Along the northeasterly line of said Lot 5B, South 51 °2836" East 772.00 feet to a point on the westerly right of way line of said aforementioned Silveira Parkway; Thence, along said westerly right of way, South 3°24'24" West 107.59 feet and South 73624" West 295.37 feet to the TRITE POINT OF BEGINNING, and containing 9.005 acres more or less. Q�pfESS;; \tP CMS Tf c r_. Exhibit B-1 ORDINANCE NO. 1801 AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD DISTRICT (ZCO2-04) TO ALLOW THE CONSTRUCTION OF 14 TWO-BEDROOM APARTMENTS ON A VACANT 0.92 -ACRE SITE LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS IIB) AND INCORPORATING THE PREVIOUSLY APPROVED PD DISTRICT ZONING FOR MCINNIS PARK APARTMENTS I AND II INTO THE NEW PD DISTRICT (APNS: 155 -370 -PARCEL B, 155-370-07 AND 08, AND 155-251-54) WHEREAS, on July 2, 2001, the City Council adopted Ordinance Nos. 1767 and 1768, which established revised Planned Delopment (PD) establishing the land use regulations for a 98 -unit apartment complex (McInnis P partments 1) and a 42 -unit apartment building (McInnis Park Apartments II); and WHEREAS, on December 9, 2002, a Rezoning application was submitted to the Community Development Department by McInnis Housing Partners requesting a revised PD District (ZCO2-04) to allow the development of 14 two-bedroom residential apartments on a vacant 0.92 -acre site, and on January, 21, 2003, the application was deemed to be complete for processing; and WHEREAS, the proposed projectlo construct 14 apartments includes changes to the land boundaries and location of parking spaces for the previously approved PD 1767 and 1768; and WHEREAS, the current Planned Development (PD) District zoning for this site does not contain appropriate land use limitations and development standards, as required by Section 14.07.060 of the Zoning Ordinance. Rezoning has been initiated to establish the required development standards for the proposed addition of 14 two-bedroom, multi -family residential units as well as to incorporate the existing and previously approved standards for McInnis Park Apartments I and II, as outlined in Exhibit "A" - (Mclnnis�ParkApartments - Planned Development District); and WHEREAS, accompanying applications for an Environmental and Design Review Permit (ED02-159), a Tentative Map (S02-14) and a Trip Permit (TP02-01) have been submitted and are being processed concurrently with the Rezoning application, as required by the Zoning Ordinance; and WHEREAS, the City Council has adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed project by a separate resolution; and O� ��N, AL ���