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HomeMy WebLinkAboutOrdinance 1884 (Dominican University Zoning)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1884 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP OF THE CITY OF SAN RAFAEL (ZC10-001) TO RECLASSIFY CERTAIN REAL PROPERTY LOCATED AT THE EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE AND RESCINDING ORDINANCE NO. 1868 WHICH RECLASSIFIED DEVELOPED PROPERTIES WITHIN THE DOMINICAN UNIVERSITY CAMPUS AS PART OF THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN, APPROVED IN 1998 AND INCORPORATING THOSE PRIOR APPROVED REZONING ACTIONS AS PART OF THIS APPROVAL (National Ornamental Research Site —Dominican University Campus at Deer Park or NORSDUC; APN: 015-163-03) 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 6th day of July, 2010, a SUMMARY of Ordinance No. 1884 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 19th day of July, 2010, by the following vote, to wit: AYES COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 22nd day of July, 2010 f �tc� jz G-,-e4A,P &al) ESTHER C. BEIRNE City Clerk ORDINANCE NO. 1884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP OF THE CITY OF SAN RAFAEL (ZC10-001) TO RECLASSIFY CERTAIN REAL PROPERTY LOCATED AT THE EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE AND RESCINDING ORDINANCE NO. 1868 WHICH RECLASSIFIED DEVELOPED PROPERTIES WITHIN THE DOMINICAN UNIVERSITY CAMPUS AS PART OF THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN, APPROVED IN 1998 AND INCORPORATING THOSE PRIOR APPROVED REZONING ACTIONS AS PART OF THIS APPROVAL (National Ornamental Research Site — Dominican University Campus at Deer Park or NORSDUC; APN: 015-163-03) WHEREAS, on September 21, 1992, Ordinance No. 1625 was adopted by the City Council amending Title 14 (the Zoning Ordinance) of the San Rafael Municipal Code and the Zoning Map of the City of San Rafael, and rezoning the subject site (APN: 015-163-03) from Unclassified (U) District to Planned Development -Hillside Development Overlay (PD -H) District without an approved Development Plan; WHEREAS, on August 17, 1998, Ordinance No. 1730 was adopted by the City Council amending the Zoning Map of the City of San Rafael to rezone properties of Dominican University campus to Planned Development (PD) District as part of the Campus Development Plan and approved development standards; and WHEREAS, on July 15, 2008, Ordinance No. 1868 was adopted by the City Council amending the Zoning Map of the City of San Rafael to rezone real property at 226 Magnolia Avenue from single-family residential (R-1 a) to Planned Development (PD) District and rescind Ordinance No. 1730 while reclassifying all Dominican University properties under the Campus Development Plan to include 226 Magnolia Avenue, and approve development standards, Zoning Reclassification Map and legal descriptions for all developed properties within the Dominican University campus; and WHEREAS, on January 13, 2010, Dominican University of California (Dominican University) submitted applications for Amendment to the existing Planned Development -Hillside Overlay (PD -H) District zoning (ZC10-001) and the approved Master Use Permit (UP10-004)and an Environmental and Design Review Permit (ED10-004) to the Community Development Department, requesting approval to allow the construction and operation of a temporary (three years), 0.85 -acre, simulated commercial outdoor nursery to research pathogens and pests on ornamental plant stock on an undeveloped, 18.73 -acre, forested hillside located at the eastern terminus of Magnolia Avenue at Deer Park Avenue (National Ornamental Research Site — Dominican University campus at Deer Park or NORSDUC); and WHEREAS, the project proposes site improvements including the installation of raised planting beds, a drip -irrigation and drainage system, perimeter solid wood fencing and interior chain- link fencing, a modular office/restroom unit, street front landscaping, and the extension of utilities; and WHEREAS, on May 7, 2010, the project applications were deemed complete for processing; and WHEREAS, consistent with the requirements of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (MND) was prepared, analyzing the potential environmental impacts of the project and identifying potential significant environmental impacts on air quality (minor grading), biological resources (tree removal; raptor nesting), cultural resources (unknown archaeological finds or human remains), geology (grading), greenhouse gas emissions (temporary construction), hydrology and water quality (erosion control), and noise (temporary construction, emergency back-up generator). All project impacts would be mitigated to less -than -significant levels through the implementation of recommended mitigation measures or through compliance with recommended conditions of project approval; and WHEREAS, on June 15, 2010, the Planning Commission held a duly noticed public hearing on the proposed project, including the MND, Amendments to the existing Planned Development - Hillside Overlay (PD -H) District zoning (ZC10-001) and the approved Master Use Permit (UP10- 004) and an Environmental and Design Review Permit (ED10-004) applications, accepting all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, on June 15, 2010, the Planning Commission recommended to the City Council adoption of the MND and MMRP by adopting Resolution No. 10-11, and recommended to the City Council approval of the proposed Amendment to the existing Planned Development -Hillside Overlay (PD -H) District zoning by adopting Resolution No. 10-12, and also recommended to the City Council approval of the Amendment of the Dominican University Master Use Permit and an Environmental and Design Review Permit by adopting Resolution No. 10-13; and WHEREAS, on July 6, 2010, the City Council held a duly noticed public hearing to consider a proposed Ordinance to approve the Amendment to the existing Planned Development -Hillside Overlay (PD -H) District zoning on the site and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, on July 6, 2010, the City Council adopted the MND and approved the Amendment of the Dominican University Master Use Permit and an Environmental and Design Review Permit by adoption of a separate resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: Division 1. The City Council of the City of San Rafael hereby makes the following findings required under Section 14.07.090 of the Zoning Ordinance to amend the PD -H District zoning for the site, as shown in Exhibit A attached to this Ordinance: The Development Plan and Amendment to the Planned Development District -Hillside Overlay (PD -H) District zoning are consistent with the General Plan, adopted neighborhood plans and other applicable City plans and policies, in that: a. An analysis of the project's consistency with all applicable San Rafael General Plan 2020 policies has been prepared (Exhibit 4 of the Planning Commission staff report; General Plan Consistency Table) concluding that the proposed Development Plan, with mitigation measures and conditions of approval, would be consistent with all applicable General Plan policies, including Land Use Policies LU -2, LU -8, LU -9, LU -10, LU -12 and LU -23, Neighborhood Policies NH -2, NH -94, NH -95, NH -96, NH -97, NH -99, Community Design Policies CD -2, CD -5, CD -6, CD -10, CD -15 and CD -18, Economic Vitality Policy EV -2, Circulation Policy C-5 and C-7, Safety Policies S-22 and S-32, Noise Policies N-4 and N-5; Conservation Policies CON -1, CON -4, CON -6, CON -11, and CON -16, and Air and Water Quality Policies AW -2 and AW -8; b. The Development Plan will be consistent with the applicable standards and guidelines of the Hillside Overlay (-H) District, given that: a) the project area is limited to a .85 -acre portion of the 18.73 -acre site, which will continue to remain in a natural state; b) the project area is located 170 vertical feet below the existing ridgeline on the site; c) the proposed site improvements minimize grading by locating or clustering the project area at the base of the hillside parcel, minimize visual impacts by installing 6' -tall, perimeter wood fencing and landscaping along the Deer Park Avenue and Gold Hill Grade frontages, minimizing tree removal by locating the project area in an existing natural clearing on the site, and preserving existing drainage patterns on the site and through the project area by complying with required creek and drainageway setbacks and by proposing to `clear span' a shallow swale, a potential jurisdictional feature, with a footbridge; and c. The project will be consistent with the existing Development Plan for the Dominican University campus (PD Ordinance No. 1868), given that; development standards for the site development and use are proposed, including maximum building FAR, height, coverage, setbacks, landscaping and on-site parking. 2. The proposed uses are appropriate in area, location and overall planning for the purpose intended, and the design and development standards create a non-residential environment of sustained desirability and stability, and where applicable, adequate open space shall be provided, in that: 1) the project is temporary in nature, proposing a temporary (three -years) nonresidential use and temporary site improvements, which will be removed and reused elsewhere on the Dominican University campus at the conclusion of the research funding, unless further research funding becomes available; 2) the project proposes to locate the site improvements, including the modular office/restroom unit, fencing, the parking area and the planting plots, that respect the adjacent potential wetland areas; 3) the project proposes to locate the site improvements, including the modular office/restroom unit, fencing, the parking area and the planting plots that respect the existing ridgeline on the site; 4) the development standards proposes a maximum height of 30', which is similar to the surrounding residential development in the immediate vicinity; 5) the project proposes fencing (height and colors and materials) and landscaping (size and planting pattern) improvements that are similar to the surrounding residential development in the immediate vicinity; and 6) the project proposes to limit site improvements to a .085 -acre portion of the existing 18.73 -acre site; the vast majority of the site will continue to be an undeveloped forested hillside. The applicant has demonstrated that public facilities are provided to serve the anticipated Population, in that: 1) the project development is within the limits anticipated by the San Rafael General Plan 2020; 2) the site is served by San Rafael Sanitation District (SRSD); and 3) police, fire, public works, refuse, sewer and water service providers have reviewed the project and determined that services are available, and the accompanying project entitlements are proposed to be conditioned accordingly. 4. The development is improved by deviations from typical Zoning Ordinance property development and parking standards by: 1) providing placement of the site improvements, including the modular office/restroom unit, fencing, the parking area and the planting plots which respect the adjacent potential wetland areas; 2) providing placement of the site improvements, including the modular office/restroom unit, fencing, the parking area and the planting plots which respect the existing ridgeline on the site; 3) providing adequate access to the site from Deer Park Avenue with a 20' -wide, access road that would provide a sufficient width to allow two-way maneuverability for electric `golf cart -type' service vehicles, used through campus by staff, to maneuver safely into and out of the site and to allow one-way maneuverability for supply truck deliveries and response by emergency vehicles; 4) providing fencing and landscaping improvements to help screen the visual impacts of the site improvements from public vantage points along the Magnolia and Deer Park Avenue and Gold Hill Grade frontages; and 5) providing fencing (height and colors and materials) and landscaping (size and planting pattern) improvements that are similar to the surrounding residential development in the immediate vicinity. 5. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety in that internal access and circulation meet City standards and accessible pathways are provided which link the parking area with the modular office/restroom unit and the portions of the study area, and emergency vehicle access is provided to serve the proposed development, in compliance with City standards. 6. The public health, safety and general welfare are served by the adoption of the proposed Amendment to the Planned Development District -Hillside Development Overlay (PD -H) District zoning in that it implements the General Plan and the Development Plan conforms to City standards as discussed in Findings 1 through 6. Furthermore, an Initial Study/Mitigated Negative Declaration has been prepared and adopted that evaluated potential environmental impacts of the project and determined that all impacts resulting from the project can be mitigated to a less -than -significant level through the implementation of recommended mitigation measures or through compliance with recommended conditions of project approval. Division 2. The City Council of the City of San Rafael hereby rescinds Ordinance No. 1868 and approves and readopts the standards established by said Ordinance as set forth in Exhibit A, "Dominican College Campus Development Plan (ZC97-7) ", attached hereto and incorporated herein by reference, which was previously approved as part of Ordinance No. 1730, and Exhibit B, "Development Standards (PD) and Zoning Reclassification Map for Magnolia House 226 Magnolia Avenue (ZC07-003) attached hereto and incorporated herein by reference. Division 3. The City Council of the City of San Rafael hereby approves the proposed Amendment to the Planned Development -Hillside Overlay (PD -H) District zoning for the site, located at the eastern terminus of Magnolia Avenue at Deer Park Avenue, as shown in Exhibit C, "Development Standards and Zoning Reclassification Map for Real Property For National Ornamental Research Site at Dominican University Campus!Deer Park (NORDUSC) Located at the Eastern Terminus of Magnolia Avenue at Deer Park Avenue (APN: 015-163-03) ZC10-001 ", attached hereto and incorporated herein by reference. Division 4. The City Council of the City of San Rafael hereby approves Exhibit D, attached hereto and incorporated herein by reference, which sets forth the legal description for all real property within the developed Dominican University campus, adopted originally as part of Ordinance No. 1730, later 4 rescinded and reclassified by Ordinance No. 1868, and now augmented with the legal description for the site located at the eastern terminus of Magnolia Avenue at Deer Park Avenue. Division 5. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, clauses or phrases may be declared invalid. Division 6. A summary of this Ordinance shall be published and a certified copy of the Rill 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. The 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 the adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the frill text of this Ordinance along with the names of the Councilmembers voting for and against the Ordinance. ATTEST: ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1884 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Tuesday, the 6°i day of July, 2010, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Heller and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the City Council to be held on the 19°i day of July, 2010. jz � G - F= -P-4 . ESTHER C. BEIRNE, City Clerk Exhibit A Dominican College Campus Development Plan (ZC97-7) INTENT The Dominican College Campus Development Plan is based on the plans presented and approved for the Master Environmental and Design Review Permit (ED97-146) and Master Use Permit (UP97-45) approved by the City Council on August 17, 1998 LAND USES This Campus Development Plan permits the operation of the Dominican College Campus Development Plan for the existing campus facility and four new buildings: Recreation Center, Science and Technology Building, Chapel and Residence Hall and associated parking and landscape improvements for uses of Dominican College as set forth in the Master Use Permit (UP97-45). Approved uses are a college campus facility with associated classrooms, assembly areas, offices for staff, recreation uses, residential halls, parking lots, performances, rentals and other programs and related activities as specified in the Master Use Permit (UP97-45) DEVELOPMENT STANDARDS The Campus Development Plan shall be developed in phases. The following development standards shall apply to all development of the Dominican College Campus Development Plan. Additionally, each Phase shall be subject to specific development standards as shown in the following table by Phase. DEVELOPMENT STANDARDS: ALL PHASES 1. Maximum floor area ratio: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45 and Master Environmental and Design Review Permit (ED97-146) 2. Building Height: Maximum 36' 3. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97- 146). 5. On-site Parking: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45 and Master Environmental and Design Review Permit (ED97-146) 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146) 7. Development Phasing: Campus Development Plan shall be developed in a minimum of four phases with four new buildings and associated site improvements to be constructed over the next 20 years as follows: Phase I - Recreation Center and Grand Avenue Parking Lot and landscaping and parking improvements in the Academic Core Area including Caleruega Dining Hall parking; Phase II - Science and Technology Building on Palm Avenue, Parking lot near Caleruega, Hall, and Chapel at Magnolia and Locust; Phase III - Residence Hall and related parking on Magnolia Avenue; and Phase IV - Forest Meadows outdoor facilities and related parking. Flexibility is permitted in the phasing per UP97-45 and ED97-146. DESIGN STANDARDS All buildings, structures, site improvements, landscaping, parking and exterior lighting shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). TERM OF DEVELOPMENT PLAN PHASES This PD shall be valid as follows: If no action has been taken on the approved Campus Development Plan within five (5) years of its approval the city may initiate rezoning of the property, as allowed under Municipal Code section 14.07.130. DEVELOPMENT STANDARDS FOR PHASE 1: RECREATION CENTER, 215 - VEHICLE GRAND AVENUE PARKING LOT, 38 -VEHICLE GRAVEL OVERFLOW PARKING LOT, 49- VEHICLE MEADOWLANDS WEST PARKING LOT, AND LANDSCAPING IN FOREST MEADOWS AND ACADEMIC CORE AREAS 1. Maximum floor area ratio: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97- 146). A 29,000 s.f. Recreation Center building and 7,700 s.f. outdoor pool and deck area with seating for 1,285 persons are permitted in Phase 1. 2. Building Height: Maximum 38 feet granted by City approved Exception (EX98-1). 3. Setbacks: Grand Avenue: Minimum 50 feet building setback and 50 feet parking setback from outside edge of curb. Streams (top of bank): Minimum 25 feet building and parking setback 4. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). 5. On-site Parking: Parking for the Recreation Center and general College parking needs will be provided in the Forest Meadows Area with a 215 -vehicle Grand Avenue Parking Lot and a 38 -vehicle gravel overflow parking lot and in the Academic Core Area with a 49 -vehicle Meadowlands West parking lot. 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). DEVELOPMENT STANDARDS FOR PHASE H -A: SCIENCE AND TECHNOLOGY BUILDING AND 60 -VEHICLE PARKING LOT NEAR CALERUEGA HALL 1. Maximum floor area ratio: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97- 146). A 35,000 square foot Science and Technology building is permitted in Phase II -A. 2. Building Height: Maximum 36 feet. 3. Setbacks: Palm Avenue: Minimum 40 feet building setback; Minimum 40 feet parking setback. Magnolia Avenue and Deer Park Avenue: Minimum 50 feet parking setback. Stream (top of bank): Minimum 25 feet building setback; Minimum 25 feet parking setback. 4. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). 5. On-site Parking: Per Development Plan approved under the Campus Development Plan Master Use Permit (LT97-45) and Master Environmental and Design Review Permit (ED97- 146). General College parking needs will be provided in the 60 -vehicle Parking Lot near Caleruega. 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). DEVELOPMENT STANDARDS FOR PHASE II -B: CHAPEL 1. Maximum floor area ratio: 2. Building Height: 3. Setbacks: 4. Landscaping: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97-146). A 9,000 s.f. building with two chapels is permitted in Phase II -B. Maximum 36 feet. Magnolia Avenue: Minimum 30 feet building setback. Stream (top of bank): Minimum 25 feet building setback. Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). 5. On-site Parking: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45 and Master Environmental and Design Review Permit (ED97-146). Because the Chapel will replace an existing facility on campus and will serve students, faculty and staff who are already on campus, additional on-site parking is not required. 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). DEVELOPMENT STANDARDS FOR PHASE III: RESIDENCE HALL 1. Maximum floor area ratio: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97-146). Floor Area Ratios are not applicable to residential uses. A residence hall sized to accommodate 150 to 200 beds is permitted in this phase 2. Building Height: Maximum 36 feet. 3. Setbacks: Locust Avenue: Minimum 70 feet building setback; Minimum 50 feet parking setback. Magnolia Avenue and Deer Park Avenue: Minimum 25 feet building setback and parking setback. Stream (top of bank): Minimum 50 feet building setback, or be at least five feet higher in elevation than the adjacent creek if within 50 feet; Minimum 25 feet parking setback. 4. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). 5. On-site Parking: Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97-146). 6. Building coverage: Building coverage shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146). DEVELOPMENT STANDARDS FOR PHASE IV: FOREST MEADOWS OUTDOOR FACILITIES: SOCCER FIELD AND AMPHITHEATER EXPANSION AND 90 VEHICLE PARKING LOT 1. Maximum floor area ratio: 2. Building Height: 3. Setbacks: 4. Landscaping: 5. On-site Parking: None No buildings. Grand Avenue: Minimum 50 feet parking setback. Belle Avenue: Minimum 50 feet parking setback. Landscaping shall be consistent with the Development Plan approved under the Master Environmental and Design Review Permit (ED97-146) Per Development Plan approved under the Campus Development Plan Master Use Permit (UP97-45) and Master Environmental and Design Review Permit (ED97-146). A 90 -vehicle parking lot shall be constructed in this phase. 6. Building coverage: No buildings. EXHIBIT B DEVELOPMENT STANDARDS (PD) AND ZONING RECLASSIFICATION MAP FOR MAGNOLIA HOUSE 226 MAGNOLIA AVENUE (ZC07-003) DEVELOPMENT STANDARDS: 1. Maximum floor area ratio: Per Development Plan approved under Use Permit (UP07- 063) and Environmental and Design Review Permit (ED07- 102) 2. Building Height: Maximum 36' 3. Setbacks: Per Development Plan approved under Use Permit (UP07- 063) and Environmental and Design Review Permit (ED07- 102) 4. Building Coverage: Development Plan approved under Use Permit (UP07-063) and Environmental and Design Review Permit (ED07-102) 5. Landscaping: Landscaping shall be consistent with the Development Plan approved under the Environmental and Design Review Permit (ED07-102) 6. On-site Parking: Per Development Plan approved under Use Permit (UP07- 063) and Environmental and Design Review Permit (ED07- 102) 226 Magnolia Avenue (`Magnolia House') (APN: 015-121-10) Zoning Reclassification Map (ZC07-003) EXHIBIT C DEVELOPMENT STANDARDS AND ZONING RECLASSIFICATION MAP FOR REAL PROPERTY FOR NATIONAL ORNAMENTAL RESEARCH SITE AT DOMINICAN UNIVERSITY CAMPUS/DEER PARK (NORSDUC) LOCATED AT THE EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE (APN: 015-163-03) ZC10-001 DEVELOPMENT STANDARDS: Maximum Floor Area Ratio: Per Development Plan approved under Use Permit (UPI0-004)and Environmental and Design Review Pen -nit (ED10-004) Building Height: Maximum 30' Setbacks: Per Development Plan approved under Use Permit (UPI0-004)and Environmental and Design Review Permit (ED10-004) Landscaping: Per Development Plan approved under Use Permit (UPI0-004)and Environmental and Design Review Permit (ED] 0-004) On-site Parking: Per Development Plan approved under Use Permit (UPI0-004)and Environmental and Design Review Permit (ED10-004) Building coverage: Per Development Plan approved under Use Permit (UP] 0-004) and Environmental and Design Review Permit (ED10-004) National Ornamental Research Site at Dominican University/Deer Park Avenue (APN: 015-163-03) Zoning Reclassification Map (ZC10-001) EXHIBIT D LEGAL DESCRIPTIONS FOR ALL DEVELOPED REAL PROPERTY WITHIN DOMINICAN UNIVERSITY CONTAINED IN ORDINANCE NO. 1868 AND INCLUDING THE NATIONAL ORNAMENTAL RESEARCH SITE AT DOMINICAN UNIVERSITY CAMPUF MAGNOLIA AVENUE AT DEER PED AT THE ARK AVENUE STERN TERMINUS O (APN: 015-163-03) ZC10-001 All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE:. LOT NOS. 18, 19, 20, 21, 22, 23, 24, 24 112, 25, 25 112, 26, 27, 28, 28, 30, 31, 32, 33 and 34 In Block No. 21, as shown and delineated upon that certain map entitled "Map of Golden Meadow in Magnolia Park, San Rafael', filed for record September 27, 1887 in Volume 1 of Maps, at Page 4, Marin County Records. PARCFL TWO; MAoe-m I LOT NOS, 15, 16 and 17 In Block No. 21, on that certain map entitled "Map of Golden Meadow in Magnolia Park. Sen Rafael, surveyed and drawn by Geo. M, Doge, C.E., September 1887", filed In the office of the County Recorder of the County of Marin, on September 27, 1887, aWEL THRIr?E:, @ALER 045-4, 7t' I j/rtJ -- - CDMMENCING at a point in the Northerly lint of Magnolia Avenue distant Eastatly measured thereon 833 feat from the point of Int+rrsacdon of said Northerly line of Magnolia Avenue wfth the Easterly line of Locust Avenue in Coleman's Addition to San Rafael; thence North 24° 45' East 681.45 feet to a point in the Southerly lin■ of locust Avenue; thence Easterly along the said Southerly fine of Locust Avenue following its curved lines 980 feet, more or lose, to the Westerly line of Deer Perk Avenue; thence Southerly along tfte said Wasterfy line of Deor Park Avenue 320 feet, more or less, to the said Northerly line of Magnolia Avenue and thence Westerly along Bald Northerly line of Magnolia Avenue following its curved line 12" feet, more or less, to the point of commencement. BEiNG the Easterly portion of Block No, 19 In Coleman's Addition to San Rafael and being the acme property conveyed by Wm. T. Coleman to Wm, F. Babcock by a deed dated June 12, 1882 and recorded -in the office of the Recorder of raid Merin County in Book "X" of Deeds, at Page 163, Merin County Records. EXCEPTING THEREFROM the portion thereof conveyed by Julia May Babcock, a widow to Frank S. Anderson by Deed recorded December 4, 1919 In Book 208 of Deeds, at Page 248, described as follows, to wit: COMMENCING at the North line of Magnolia Avenue at the Southeast comer of the tract of land conveyed by William T. Coleman to Caroline Victoria Johnston by deed dated September 18, 1878 and recorded in the Office of the County Recorder of the County of Marin, State of Califomin, In Book "S" of Deeds, at Page 488, and running thence along the North side of Magnolia Avenue, North 83' 31' East 87.8 feet: thence leaving Magnolia Avenue and running North 178.8 fleet to the Easterly boundary fine of tract above described, conveyed by Coleman to Johnson and thence along said boundary line, South 240 45' West 207.9 fast to the place of beginning. BEING a portion of 9lock No. 19 of Coleman's Additions to Sen Rafael. PARCEL FOUR: COMMENCING at a stake driven at the point of Intersection of Highland Avenue, West Drive and Deer Park Avenue, which stake is also a monument in the exterior boundary line of the corporate limits of the City of San Rafael; running thence from said point of beginning along the center line of a graded road 40 feet wide, North 54' 26' East 250.10 feet, North 7811 54' East 180.7 feet, North 63° 46' East 213.8 feet, North 480 61' East 67.4 feet. North 20' 01' East 72.3 feet, North 110 33' West 64.1 feet; North 31 ° 29' West 152-4 feet, North 8' 13' East 37 feet. North 53' 40' Eat 125 feet, North 220 12' East 103 feet, North 66' 41' East 50.1 feet; South 700 17' East 101.7 feet; North 59° 22' East 32 feet; North 160 22' East 87.8 feet, North 480 27' East 125.8 feet; North 410 03' East 205 feet; North 7d° 51' East 117.1 feet and North 61' 10' East 200 feet; thence leaving said graded road and running North 47° 31' West 612.5 feet to a stake In the Easterly side of Gold Hilt Grade, thence North 800 57' West 20.9 feet to the center of Gold Hill Grade, 40 feet wide; thence Southwesterly along the center of Gold Hill Grade. a distance of 630.9 feet to the Easterly end of Locust Avenue, 50 feet wide; thence continuing SouthwesterlY along the center of Locust Avenue 389,2 feet'to a stake In the center line of Deer Park Avenue, 40 feet wide; thence in a general Southerly direction along the easter line of Deer Park Avenue 1841 feet to the point of beginning. RESERVING AND EXCEPTING all Avenues, Streets or Roads which are Included in the description of the tract of land above described. ALSO EXCEPTING THEREFROM the following described parcel of land: PARCEL C, as shown upon that certain map entitled "Parcel Map Division of Assessors Parcel Nes. 15'14201. 15-162-01 & 15-163-01, Sen Rafael, Merin Co., Cal.", filed for record June 29, 1979 in _ gook 16 of Parcel Maps, at Page 76, Merin County Records. PARCEL FIVE: COMMENCING at the point of intersection of the Southeasterly fine of Locust Avenue with the Southwesterly line of a 40 foot street leading out of Magnolia Valley, as called. In a Southeasterly foll direction toward Pofm San Pedro: thence said Southwesterly line in its counso first in a Southeriy direction. thence in a Westerly direction 757.5 feat to a stake; thence North 690 33' West 432.5 feet to a stake in the Easterly line of a So foot street leading out of Locust Avenue in e Southerly direction. thence North 2° 36' West 168,5 feet along Bald Easterly fine of said So toot street to its point of intersection with Locust Avenue; thence following the Southeasterly Ilne of Lo Avenue around the curves 791.5 feet to the place of beginning. cust BEING the same promises conveyed by Wm, T, Coleman to Helena Kimbell Babcock, by peed bearing date of July 1, 1878 and later conveyed by Helena Kimball Babcock to Wi(llam Babcock by Deed bearing date of December 3, 1386. EXCEPTING THEREFRDM the following descrlbed parcel of land: PARCEL 8 as shown upon that certain map entitled "Parcel Map Division of Assessors Parcel Nos. 15.142-01, 15-162-01 & 16.163-01, San Rafael, Marin Co., Cal.% filed for record June 29, 1979 in Book 16 of Parcel Maps, at Page 75, Marin County Records. PARCEL SIX:. I Z),g k -1 1 I. -J-4_ C O ( � BEGINNING at a stake which Is North 39° 14' East 40 feet from the most Easterly corner of Lot No. 70 on "Map of Golden Meadow in Magnolia Park", filed in the office of the County Recorder of Marin County, California on September 27, 1687; running thence North 391 14' East 286.3 feet to a stake driven in the fence enclosing the residence property of William Babcock; thence along said fence line, North 69° 05' West 433.7 feet to the center line of Palm Avenue: thence along the center line of Palm Avenue, South 100 23' East 83.9 feet, South 20 36' East 100 feet; South 16° 09' West 37.4 feet, thence leaving the said center line of Palm Avenue and running parallel with and distant 40 feet from the Northeasterty line of said Lot No. 70, South 530 36' East 266.6 feet to the place of beginning. BEING a portion of Block No. 23, according to the map above mentioned, ail courses by the true meridian. PARCEL SEVEN: BEGINNING at the most Easterly corner of Lot No. 70, as said Lot is shown and delineated upon map above mentioned• running thence North 530 36' West 250 feet to a point on the center of Palm Avenue 40 feet wide: thence along said center line, North 160 09' East 42.6 feet; thence leaving Palm Avenue, South 530 36' East 266.6 feet; thence North 390 14' East 286.3 feet: thence South 690 V5' East 36 feet to a point on the center line of Doer Park Avenue; thonce along the center line of Door Park Avenue. 40 feet wide, South 200 56' East 70 feet; thence South 400 27' East 50 feet; South 57° 21' East 269,3 feet; South 160 04' East 60 feet and South 330 38' East 205.2 feet to a point in the canter line of a street or avenue known as Wast Drive, 40 feet wide; thence along the center tine of said West Drive, South 790 06' West 264.5 feet; South 56e 28' West 210 feet, South 790 Z2' West 50 feat, North 540 19' West 100 feet, North 80044' West 60 feet and South 35° 47' West 202.1 feet; thence leaving said West Drive, North 400 31' West 276.8 feet, thence North 500 40- 1-'$' 58.7 feet, thence North 391 14' East 346,6 feet to the point of beginning. Ah courses given by the true meridian. BEING 0 portion of Block No, 23, Coleman's Addition to the Town of San Rafael, Marin County, California. EXCEPTING THEREFROM the portion of Black No. 23, Coleman's Addition to the Town of San Rafael, conveyed by William Babcock, et ux, to George U. Hind, by deed recorded November 19, 1906 in Book 102 of Deeds, at Page 342, described as follows: COMMENCING at the most Southerly corner of Lot No. 66, as said lot Is shown on map above mentioned: running thence along the Westsriy line of said Lot No. 66, North 400 31' West 252.7 feet to a point In the canter line of Palm Avenue; thence along the canter line of Palm Avenue, North 500 $0' East 20 feet, North 46° 17' East 100 feet and North 42° 06' East 45 feet: thence leaving said Palm Avenue and running Sotnh 500 20' East 239.8 feet; thence South 48° 01' East 295 feet to a point in the Northerly line of a street or avenue known as West Drive, 40 feet wide; thence South 220 28' West 20.5 fret to a point on the center of said West Drive; thence along the center of said Wgat Drive, North 80° 44' West 60 feat and South 350 47' West 202.1 feet; thence leaving West Drive and running North 401 31' Wast 276.8 feet to the point of commencement. PARCEL EIGHT: ZEF�MA-71.1 b Iiil'LJ--�fi0 '+ IC CiJke 13EING BLOCK NO. 20, as shown and delineated and so designated upon a certain map entitled "Map of Coleman's Addition to the Town of San Rafael", filed December 28, 1888 in Volume 1 of Maps, at Page 39, Marin county Records. EXCEPTING THEREFROM the following parcel of land: PARCEL A, as shown upon that certain map entitled "Parcel Map Division of Assessors Parcel Nos. 15-142-01, 15-162-01 & 15-163-01, San Rafael. Merin Co., Cal.", filed for record June 29, 1979 In Book 16 of Parcel Maps, at Page 75, Marin County Records. PARCEL NINE: /t -0 -a -T -M l(f— C26),e F -- BEING part of Block No. 21 of Coleman's Addition to the Town of San Rafael described as follows: BEGINNING at the Northeast cornor of said Block 21, at the Intersection of Acacia Avenue with Palm Avenue: thence along ilia Southeast boundary line of Acacia Avenue, South 83 ° 50' West 455.8 feet, South 530 West 299 feet, thence leaving said Avenue and crossing and subdividing said Block No. 21, South 360 42' East 555 feat to the Northern boundary line of Palm Avenue, thence In a general Easterly and Northerly direction along the North and West boundary lines of Palm Avenue, as the same is at present fenced off, 855 feet to the place of beginning. BEING the same property conveyed to Sidney V. Smith, Jr„ by William T. Coleman, by deed dated Movember 19, 1984 which Dead was recorded in the Office of the County Recorder of said County Of Harin on November 22, 1884 in Book 1 of Deeds, at Page 354, Marin County Records. PARCEL TEN:, I=OeZ5S I AGAooLUS LC— NO, 7 in Coleman's Addition to the Town of San Rafael, being bounded as follows: on the North b,v Grand Avenue, an the East by Grand Avenue, on the South by We" Avenue and an the West by Bele Avenue. The said avenues being laid out and named as aforesaid on Map of land heretofore Pte--hased by William T. Coleman from Oliver Irwin, which tract of land is known as "Coleman's PtN -fiaaa from Irwin", be ratified and approved and the same is hereby ratified and approved as the ac= of this corporation. OPTING THEREFROM the following d■scribed property: BEGINNING at the most Southwest corner of Block 7, Coleman Addition as such corner is shown on that certain map entitled "Record of Survey of Block No, 7, Coleman Addition, recorded February 11, 1957 in Book 2 of Surveys at Page 186, Marin County Records, sold point being also the Intersection of the Northerly line of Watt Avenue, with the Easterly line of Belle Avenue, thence from said point of beginning along the Southerly line of said Block 7 on a curve to the right whose center beer% South 0a 19. 28", East with a radius of 1620 feet and central angle of 14° 33' 41" an arc distance of 411.71 feet, thence leaving said Southerly line, North 200 32' 07' West 59.85 feet, North 730 51' 24- West 345.93 feet to a point on the Most Westwrly line of said Block 7, and the Easterly line of 8e11e Avenue, thence Southerly on said Westerly line on a curve to the right whose canter bears North 640 42' 09" West a radius of 1270,40 feet and central angle of 50 14' an are distance of 116.04 feet to the point of beginning. PARCEL ELEVEN: EASEMENTS as reserved in the Deed from Dominican College of San Rafael, a corporation, recorded December 31, 1959 in Book 1335 of Official Records, at Page 87, described as follows: A. A 25 foot wide easement for roadway purposes lying Southerly and Westerly of and adjacent to the following described line: Beginning at a point which is on the Southerly line of said Block 7, of Coleman Addition, said point being an arc distance of 536,73 feet, Easterly along a curve to the right of radius 1,620 feet with a central angle of 180 29' 16' from the most Southwest comer of said Block 7 of Coleman Addition, thence from said point of beginning, along the Southerly line of said Block 7, on a curve to the left whose center bears South 180 09' 48" West of radius 1.620 feet, and central angle of 30 55' 35" an arc distance of 125.02 feet, thence leaving said Southerly line, North 2011 32' 07" West 59.85 feet. 8. A 10 foot wide easement for sewer purposes. lying 5 feet on each side of the following described line: Beginning at a point which lies South 310 19' 51' West 45.36 feet South 851 36' 09" East 312.40 feet from the most Southwesterly corner of said Black 7, Coleman Addition, said point of beginning being a point on an existing sanitary sewer line, thence from said point of beginning, North 100 00' East 94.28 feet to a point on the Northerly line of the 0.62 acre parcaf first herein described. PARCEL TWELVE: EASEMENT for roadway and utility purposes 7.5 feet in width lying Northwesterly of and contiguous TO the course "North 450 04' East 70.11 feet" on the Southeasterly boundary line of Parcel A as shown upon that certain map entitled "Parcel Map Division of Assessors Parcel Nos. 15.142-01, '15-162-01 & 15-163-01, San Rafael, Marin Co., Cal. filed for record June 29, 1979 In Book 16 of parol Maps, at Page 75, Marin County Records. PAROL, THIRTUN: PARCEL ONE, as shown upon "Parcel Map Lands of Cohen -Tarantino and Hover 2592 O,R. 367, 2641 O.R. 574, 628 O.A. 378, 1965 O.R. 6, portion Rancho San Pedro Santa Margarita Y Les Gallinas - San Rafael, Marin Co., California", filed November 1, 1977 in Book 14 of Parcel Maps, at page 48, Merin County Records. _ EXCEPTING THEREFROM Parcel "A" as shown upon "Parcel Map, a lot line adjustment between U7t1.1 F Muatat• J. AbuhalawalNebil Juma Abuhalewa Parcel 1, es shown in Book 14 of Parcel Maps, at Pegg 48 and Lands of Sister of Saint Dominic A.P. 15.163-01 as shown In Book 16 P.M. 75 filed December 30. 1963 in Book 21 of Parcel Maps, at Page 72, Marin County Records. MAGNOLIA HOUSE LEGAL DESCRIPTION ALL THAT CERTAIN real property situate In the City of San Rafael, County of Marin, State of California, described below as follows: BEGINNING at a point on the Northerly line of Magnolia Avenue, said point being the Southeasterly comer of the parcel of land conveyed by William T. Colemen, to Caroline Victoria Johnston, by deed recorded November 1. 1877 in Book 'S" of Deeds at Page 31, Marin County Records; running thence Easterly along the Northerly line of Magnolia Avenue, to the Southeasterly comer of the parcel of land conveyed by Julia May Babcock, to Frank B. Anderson, by Deed recorded December 4, 1919 in Book 208 of Deeds at Page 248, Marin County Records; thence leaving Magnolia Avenue and running North 00 111' East 178.80 feet along the Easterly boundary line to the Easterly boundary line of a parcel of land conveyed by William T. Coleman, to Caroline Victoria Johnston, by Deed recorded September 25, 1878 in Book 'S" of Deeds at Page 488, Marin County Records; running thence Northerly along said Easterly line of said Parcel North 240 34' East 151.00 feet to the most Southerly comer of a parcel of land conveyed by Berrien Palmer Anderson, to Boris H. Lakusta, et ux, by Deed recorded May 2. 1947 In Book 548 of Official Records at Page 270, Marin County Records; thence Northwesterly and Southwesterly along the Southerly line of said parcel, North 630 03' West (called North 620 52' West)134.08 feet and South 2610 26' West (called South 260 37' West)101.79 feet to an angle point; thence leaving said Southerly line of said parcel and running South 250 25' 53" West 94.89 feet; thence South 120 18'57" West 227.17 feet to the Northerly line of Magnolia Avenue; thence Easterly along said Northerly line of Magnolia Avenue, to the point of beginning. BEING PARCEL ONE, as shown upon that certain Record of Survey, recorded November 9, 1970 In Volume 9 of Surveys at Page 81, Marin County Records. EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE (APN: 015-163-03) LEGAL DESCRIPTION The land referred to herein is situated in the State of California County of Marin, City of San Rafael, and described as follows: BEGINNING at a stake driven at the point of intersection of Highland Avenue, West Drive and Deer Park Avenue, which stake is also a monument in the exterior boundary line of the corporate limits of the City of San Rafael; running thence from said point of beginning along the center line of a graded road 40 feet wide, North 54° 26' East 250.10 feet, North 78° 54' East 180.7 feet, North 63° 46' East 213.8 feet, North 48° 51' East 67.4 feet, North 20° 01' East 72.3. feet, North 11' 33' West 64.1 feet, North 31' 29' West 152.4 feet, North 8° 13' East 37 feet, North 530 40' East 125 feet, North 22° 12' East 103 feet, North 66° 41' East 50.1 feet, South 70° 17' East 101.7 feet, North 59° 22' East 32 feet, North 16° 22' East 87.8 feet, North 48° 27' East 125.8 feet, North 41° 03' East 205 feet, North 70° 51' East 117.1 feet and North 61° 10' East 200 feet; thence leaving said graded road and running North 47° 31' West 612.5 feet to a stake in the Easterly side of Gold Hill Grade; thence North 80° 57' West 20.9 feet to the Center of Gold Hill Grade, 40 feet wide; thence Southwesterly along the center of Gold Hill Grade, a distance of 630.9 feet to the Easterly end of Locust Avenue, 50 feet wide; thence continuing Southwesterly along the center of Locust Avenue 389.2 feet to a stake in the center line of Deer Park Avenue, 40 feet wide; thence in a general Southerly direction along the center line of Deer Park Avenue 1841 feet to the point of beginning. EXCEPTING therefrom all Avenues, Streets or Roads, which are included in the description of the tract of land above described. ALSO excepting therefrom that portion lying within Parcel C, as said parcel is shown on that certain Map entitled, "Parcel Map, Division of Assessor's Parcels Nos. 15-142-01; 15-162-01 and 15-163-01", filed for record June 29, 1979 in Book 16 of Parcel Maps, at Page 75, Marin County Records. (APN: 15-163-03)