HomeMy WebLinkAboutOrdinance 1828 (Redwood Hwy. Condominiums)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. 1828 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING
MAP, ADOPTED BY REFERENCE IN SECTION 14.01.020 OF THE MUNICIPAL
CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED
DEVELOPMENT (PD 1804) DISTRICT TO A REVISED PD DISTRICT (ZC 04-
004) TO PERMIT RESUBDIVISION OF THE APPROVED 42 -UNIT COMMERCIAL
CONDOMINIUM CAMPUS LOCATED AT 4300 REDWOOD HIGHWAY FOR UP
TO 50 CONDOMINIUM UNITS (APN: 155-110-05 AND 06)"
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 19th day of Julv. 2004. a
SUMMARY of Ordinance No. 1828 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 2nd day of August, 2004. by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
WITNESS my hand and the official
seal of the City of San Rafael this
4th day of August, 2004
Ilr .
JEX*'I'qE M. LEONCINI, City Clerk
ORDINANCE NO. 1828
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP, ADOPTED
BY REFERENCE IN SECTION 14.01.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY
CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD 1804) DISTRICT TO A
REVISED PD DISTRICT (ZC 04-004) TO PERMIT RESUBDIVISION OF THE APPROVED 42 -
UNIT COMMERCIAL CONDOMINIUM CAMPUS LOCATED AT 4300 REDWOOD HIGHWAY
FOR UP TO 50 CONDOMINIUM UNITS
(APN: 155-110-05 AND 06)
WHEREAS, on April 21, 2004, on behalf of 4300 Redwood Road Venture, LLC, owner, Perry
Palmer submitted a planning application for a Rezoning to the Community Development Department to
amend the Planned Development District to allow resubdivision for up to 50 condominium units at the
10.0 -acre Fairchild site located at 4300 Redwood Highway, and on May 25, 2004, the application was
deemed complete for processing; and
WHEREAS, the Rezoning would not alter the established zoning development standards for
construction of the previously approved commercial condominium campus, but would change reference
within the adopted Planned Development District recitals to permit re -subdivision of the subject property
for up to 50 condominium units within the previously approved 16 -building, 42 -unit commercial
condominium campus totaling 130,168 square feet in area; and
WHEREAS, the proposed Planned Development (PD) District contains development standards
for the approved commercial condominium campus as outlined in Exhibit "A" titled "Development Plan
for 4300 Redwood Highway," that would not be altered by approval of the rezoning; and
WHEREAS, the Rezoning to a revised PD District includes a previously adopted Development Plan
consisting of project plans submitted for approval with the development standards, which contain the
information required pursuant to Zoning Code Section 14.07.060; and
WHEREAS, the Rezoning request is being processed concurrently with an application for a
Tentative Map, for re -subdivision of the subject property for up to 50 condominium units; and
WHEREAS, on June 2, 2003, the City Council adopted Ordinance No. 1804 approving PD 1804
for a commercial condominium campus; and
WHEREAS, prior to adoption of PD 1804, the City Council adopted findings under the California
Environmental Quality Act that permitted reliance on a previously adopted Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program for the light industrial/office complex, and
re -subdividing the subject property into additional airspace condominiums would not require any further
environmental review; and
WHEREAS, on June 15, 2004, the San Rafael Planning Commission held a duly -noticed public
hearing on the proposed Rezoning and related Tentative Map, accepting all oral and written public
testimony and the written report of the Community Development Department staff and recommended that
the City Council adopt the revised PD District and Development Plan; and
Page 1 of ORIGINAL \�,�$
WHEREAS, on July 19, 2004, the San Rafael City Council held a duly -noticed public hearing on
the proposed Rezoning and accepted all oral and written public testimony and the written report of the
Community Development Department; and
WHEREAS, the City Council made the following findings as required under Zoning Ordinance
Sections 14.27.060 and 14.07.090 in approving the revised Planned Development (PD) District for 4300
Redwood Highway:
Planned Development Findings
1. The proposed development plan would be consistent with the General Plan, adopted Northgate
Activity Center neighborhood plan and other applicable City plans or policies in that a mix of
light industrial uses are proposed, which would be consistent with the recommendations in the
San Rafael Vision document, and development standards would be established that respond to the
unique characteristics of the site and needs of the project by establishing trip allocations and
parking ratios for uses and appropriate creek setbacks.
2. The light industrial, mixed use project would be appropriate in area, location and overall planning
for the purpose intended given that: 1) it would be located in a light industrial land use district
and would be adjacent to commercial, office and light industrial uses; 2) the design and
development standards would create an environment of sustained desirability and stability
because the proposed building locations consider prominent off-site views from U.S. Highway
101, and significant landscaping, building setbacks and high quality design are proposed; and 3)
though the site is not large enough or suitable for providing open space, the project would provide
a natural landscape buffer along Las Gallinas Creek.
Adequate public facilities would be provided to serve the anticipated population given that the
site was previously developed and proposes development within the limits anticipated under the
General Plan 2000, the site is served by Las Gallinas Sanitary District and Marin Municipal
Water District, and the Police, Fire, and Public Works Departments have reviewed the project and
determined that services remain available to serve development contemplated under the original
PD District approval.
4. The proposed development would not deviate from typical zoning ordinance property
development and parking standards given that trip rates and parking ratios would be established
for all uses with appropriate occupancy limits established for permitted uses.
5. The proposed project has been designed to address circulation needs, public safety and
emergency vehicle access given that the project would be in compliance with City standards,
bicycle parking would be provided, and new street frontage improvements would be required.
6. The proposed amendment would be consistent in principle with the General Plan given that
Rezoning application to a revised PD District proposes light industrial uses consistent with the
General Plan light industrial/office land use designation.
7. The public health, safety and general welfare would be served by the adoption of the proposed
amendment given that proposed land use would be consistent with uses in the neighborhood and
appropriate performance standards would be established in the revised PD District which
implement the General Plan policies and programs that apply to the site.
Page 2 of 4
California Environmental Quality Act (CEQA) Findings
8. The proposed changes to the approved project would not cause any new significant
environmental impacts, in that: a) the project would re -subdivide the airspace within the existing
buildings for up to 50 condominium units within 16 buildings, but the project is the same in terms
of proposed uses, trip generation, parking demands, site plan, setbacks, creek buffer zones,
drainage improvements, erosion control, total building area, and relative percentage of
landscaping and impervious surfaces; and b) the project mitigation measures adopted with the
Mitigated Negative Declaration have been incorporated as conditions of approval and are
included within the project resolutions.
9. There have been no substantial changes with respect to the circumstances under which the
proposed changes to the approved project are undertaken which would require revisions to the
previous Mitigated Negative Declaration in that the project site and surrounding area (with the
exception that soil remediation has occurred on site in compliance with the approved Final
Remediation Action Plan, and the buildings have been constructed in accordance with the
approved plans) are substantially the same as they were when the Mitigated Negative Declaration
was adopted.
10. There is no new information which was not known or could not reasonably have been known at
the time the previous Mitigated Negative Declaration was adopted for the project in that the
project plans have been referred to all appropriate City Departments and agencies, and no new
information, which was not known, or could not reasonably have been known at the time the
Mitigated Negative Declaration was adopted, has come to light.
THE CITY 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 to reclassify the following real property from Planned
Development (PD Ordinance No. 1804) to an amended PD District, Ordinance No. 1828, which would
replace Ordinance 1804 in its entirety. Said property so classified is located at 4300 Redwood Highway,
San Rafael, as shown on County Assessor's Parcel Numbers 155-110-05 and 06, and as further described
per the legal description for the property attached as Exhibit `B."
DIVISION 2. All development of this property shall be subject to the development standards outlined
in Exhibit "A," Development Plan for 4300 Redwood Highway, 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 sections, subsections,
sentences, clauses or phrases 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.
Page 3 of 4
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the
summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with
the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a
newspaper of general circulation published and circulated in the City of San Rafael, County of Marin,
State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers
voting for or against the Ordinance.
ALIA JJ.i,
F-4is1* 6
/1, . �,O-,�dc.� -
J NNS E M LEONCM, City Clerk
The foregoing Ordinance No. 1828 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, the 19th day of July, 2004, and was ordered passed to print
by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and 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 Monday, the 2nd of August, 2004.
Exhibit A - Development Plan
Exhibit B — Legal Description
Page 4of4
EfNNE M. LEON, City Clerk
DEVELOPMENT PLAN FOR 4300 REDWOOD HIGHWAY
June 15, 2004
EXHIBIT A
June 15, 2004
AMENDED AND RESTATED DEVELOPMENT PLAN
FOR DEVELOPMENT OF
LIGHT INDUSTRIAL AND OFFICE PROJECT
AT 4300 REDWOOD HIGHWAY, SAN RAFAEL, CALIFORNIA
June 15, 2004
1. General Description of the Development.
Incorporation of "Master Site Plan "
The "San Rafael Development Site Plan" (the "Master Site Plan") prepared by Kenneth
Rodrigues & Partners, as revised on March 3, 2003, is incorporated in this Development
Plan as an integral part.
Description of the Site
The project site contains approximately 10.0 acres and is located at 4300 Redwood
Highway in North San Rafael. Gallinas Creek is located next to its southern boundary.
The site formerly was used as a semiconductor manufacturing facility by the Discrete
Division of Fairchild Semiconductor and contained a light industrial and office building
used for that purpose. Above -ground improvements were demolished in 1996. The
remaining grade -level and below -grade -level improvements are expected to be removed
in connection with the redevelopment.
A groundwater treatment system continues to be located at the rear of the site, and is
expected to remain in its present location. The groundwater treatment system is governed
by Order No. 00-122, "Adoption of Final Site Cleanup Requirements and Rescission of
Order No. 97-115 for Fairchild Semiconductor Corporation and Schlumberger
Technology Corporation and SR Properties, LLC" of the California Regional Water
Quality Control Board, San Francisco Bay Region.
The site is presently comprised of two separate parcels, which will be merged in
connection with the development.
Proposed Development
The site is to be developed with sixteen buildings containing un to 50 condominium
units, and 130,168 square feet of gross building area, together with landscaped areas,
parking facilities and walkways (the "Development").
June 15, 2004
Intensity of Development
The floor area ratio ("FAR") of the Development is 0.3, which conforms to the General
Plan requirements for commercial and industrial uses in the Northgate area.
Circulation and Parking
Access to the site is to be obtained at three points along Redwood Highway, with the
central point of access being a divided driveway leading to the central courtyard of the
Development.
Due to the previous use of the front parcel of the site by Fairchild Semiconductor, 92
historical P.M.Peak Hour Trips have been allocated to that parcel. Appendix B to
General Plan 2000 allocates an additional 90 P.M. Peak Hour Trips to the rear parcel for
further development of the site. Therefore, the total current P.M. Peak Hour Trip
allocation to the parcel is 182. As more particularly provided in Paragraph II.B.1 below,
the number of P.M. Peak Hour Trips allocated from time to time to the Development is
referred to herein as the "Maximum P.M. Peak Hour Trips."
A maximum of 426 parking spaces shall be provided for the Development, some of
which may remain in landscape reserve until needed, unless a greater number is approved
by the Director of Community Development.
Riparian Buffer Zone.
A hardscape setback of 50 feet will be maintained from the top of the bank of Gallinas
Creek. That portion of the setback area. which is, within the property shall be heavily
landscaped with native plants to enhance and protect the riparian corridor.
Setbacks
The buildings shall be set back a minimum of 100 feet from the top of the bank of
Gallinas Creek, and paving shall be setback a minimum of 50 from the top of the bank of
the Creek.
The buildings shall also be setback a minimum of 85 feet from Redwood Highway, and a
minimum of 50 feet from the northerly and easterly boundaries of the property.
Future Modification of Elements of Master Site Plait and Development Plait
The locations and building footprints of structures and the location of other
improvements shown on the Master Site Plan may be modified with the consent of the
Director of Community Development, consistent with the requirements and limitations
for FARs, building height, setbacks and parking set forth in this Development Plan.
In the event of any inconsistency between the text of this Development Plan and the
Master Site Plan, the matters shown on the Master Site Plan shall prevail to the extent of
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June 15, 2004
the inconsistency, with the exception that the minimum landscaping standards, parking
standards, floor area ratios and creek setback standards specified in the text shall prevail
over the Master Site Plan. The Community Development Director shall make all other
determinations where uncertainty exists regarding the interpretation of the text of the
Development Plan or the Master Site Plan.
Condominium Subdivision
The project site and buildings will be subdivided into separate condominium units (each,
a "Condominium Unit") and common area under the provisions of the Subdivision Map
Act and the Davis -Stirling Common Interest Development Act.
ll. Site Development Standards
A. Floor Area Ratios.
The FAR for the Development shall be 0.3, and the site may be developed with
130,128 square feet of buildings.
li. Trip Allocations and Trip Generation Rales.
1. The number of P.M. Peak Hour Trips for the site is 182, unless
additional P.M. Peak Hour Trips are allocated to the site by a Trip
Permit pursuant to Chapter 26 of the Zoning Ordinance or other
action by the City of San Rafael, in which event the number of
P.M. Peak Hour Trips for the site shall be increased by the number
of additional trips so allocated. The number of P.M. Peak Hour
Trips described in this Paragraph II.B.1, as the same may be
increased by any allocation of additional P.M. Peak Hour Trips, is
referred to in this Development Plan as the "Maximum P.M. Peak
Hour Trips."
2. The P.M. Peak Hour Trip generation rates per 1,000 square feet of
building area shall be:
(a) The rate for professional, administrative and general office
uses or retail sales as the principal use (as described in
Paragraph II.C.6) shall be 2.2. (Traffic generation rates for
office areas contained within high technology uses, as such
uses described in Paragraph II.C.3, or within light industrial
uses, as such uses are described in Paragraph II.C.l, have
been taken into account in determining the traffic
generation rates for those uses.)
(b) The rate for high technology uses (as described in
Paragraph II.C.3) shall be 1.7.
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June 15, 2004
(c) The rate for storage and warehouse uses shall be 0.51.
(d) The rate for mini -warehouse uses (as described in
Paragraph II.C.5) shall be 0.26.
(e) The rate for light industrial uses (as described in Paragraph
H.C.1) shall be 1.4.
(f) The rate for other uses or combinations of uses shall be
established by a traffic study acceptable to the City Traffic
Engineer and the Director of Community Development.
C. The permitted uses of the property shall be:
1. Light industrial uses, with up to 25% of the floor area devoted to
office use.
2. Professional, administrative and general offices and related uses.
3. High technology uses, such as technological research and
development and ancillary administrative uses, prototype
manufacturing, software development, electronic product design,
communications or data facilities, or biotechnology research and
production.
4. Warehouses and wholesale distribution.
5. Mini -warehouse facilities, (e.g. self -storage or mini -storage) in
which a number of storage units or vaults are rented for the storage
of goods, with each unit being physically separated from the other
units.
6. Retail sales to persons who do not visit the site to make purchases
(such as Internet retail sales or telemarketing).
7. Ancillary employee -serving restaurants and service businesses, as
determined to be appropriate by the Director of Community
Development.
D. Automotive repair or service uses are not permitted.
E. Specific combinations of uses.
1. The permitted uses referred to in Paragraph II.0 shall be allocated
among the Condominium Units in a manner, and to the extent, that
at all times the aggregate of the products of the building area of the
Condominium Units to which each such use has been allocated
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June 15, 2004
multiplied by the applicable traffic generation rate for such use (as
established pursuant to Paragraph II.B) does not exceed the
Maximum P.M. Peak Hour Trips. Such uses shall be so allocated
to each Condominium Unit in a manner consistent with the
provisions of Paragraph II.E.2 and II.E.3. (Examples of various
mixes of uses based on 182 P.M. Peak Hour Trips, are attached
hereto as Attachment I for illustrative purposes only and are not
intended to limit the mixes of uses which may be implemented.)
2. Allocation of Uses to Condominium Units to be Sold.
(a) The allocations of uses described in Paragraph II.E.1 to
Condominium Units to be sold shall be made to each such
Condominium Unit by the execution by the Property Owner
(as that term is defined in Paragraph II.E.2(c)) and
recordation, at or prior to the closing of the sale of such
Condominium Unit to a purchaser who either plans to
occupy the Condominium Unit or lease the Condominium
for use by others, of a "Notice of Use Restrictions"
substantially in the form attached hereto as Attachment 1I.
At least twenty days prior to recordation of such a Notice of
Use Restrictions, the Property Owner shall submit to the
Director of Community Development a calculation setting
forth:
(1) A complete inventory of (i) Condominium Units as
to which uses have been allocated pursuant to
Paragraph II.E.2(a), identifying the location and the
area in square feet of each Condominium Unit to
which a particular use has been allocated, and (ii)
tenants of space within the Development (excluding
tenants occupying Condominium Units to which
uses have previously been allocated pursuant to
Paragraph II.E.2(a)), identifying the location and the
area in square feet of each Condominium Unit
devoted to each existing use. Such inventory shall
be in the form attached hereto as Attachment III and
shall be accompanied by (i) a calculation of the
P.M. Peak Hour Trips allocated to each use shown
on the inventory, determined by multiplying the area
devoted to each such use by the applicable traffic
generation rate for such use (as established pursuant
to Paragraph II.B), and (ii) a calculation of the
number of parking rights allocated to particular
Condominium Units within the Development.
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June 15, 2004
(2) The specific use which is to be allocated pursuant to
the Notice of Use Restriction and the building arca
of the Condominium Unit or Condominium Units to
which such use is to be allocated and a calculation
of the P.M. Peak Hour Trips resulting from the use
to be so allocated, determined by multiplying the
area to be devoted to such use by the applicable
traffic generation rate for such use (as established
pursuant to Paragraph II.B).
(3) A calculation of P.M. Peak Hour Trips remaining
available for allocation within the Development for
other uses, consistent with Paragraph II.E.1. n
minimum of .26 trips per 1,000 square feet of arca
to which no uses have then been allocated must
remain at all times (sufficient to accommodate mini -
warehouse use), in order to allow reasonable use of
the remaining space.
(b) The Director of Community Development shall, within
fifteen days of the receipt of a calculation described in
Paragraph II.E.2(a), determine whether the calculations and
conclusions contained in such report are consistent with the
requirements of this Development Plan as to uses, P.M.
Peak Hour Trips and parking allocations.
(c) As used in this Development Plan, the term "Property
Owner" shall mean 4300 Redwood Road Venture LLC, a
Delaware limited liability company, and any successor
which 4300 Redwood Road Venture LLC may hereafter
designate by the recordation of a notice of such a
designation in the Official Records of Marin County,
California.
(d) A Notice of Use Restriction which allocates a particular use
to a particular Condominium Unit as a primary use, may
provide that the Condominium Unit may also be used for
one or more of the other uses specified in Paragraph II.B.2
and designated in the Notice of Use Restriction, but only to
the extent that any such other use has a traffic generation
rate which is less than the traffic generation rate of the
primary use allocated to that Condominium Unit.
3. Allocation of Uses to Condominium Units to be Leased.
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June 15, 2004
(a) For Condominium Units to be leased and as to which no
allocation of uses pursuant to Paragraph Il.E.2 has
previously been made, a temporary allocation of one or
more of the uses described in Paragraph II.E.1 shall be
made prior to any Change in Use (as that term is defined in
Paragraph II.E.3(c)). Such allocation shall- be reflected in
the lease document, which shall restrict the use of the
Condominium Unit to the uses so allocated. At least
twenty days before any such Change of Use occurs, the fee
owner of the Condominium Unit to be leased shall submit
to the Director of Community Development a calculation
setting forth:
(1) A complete inventory of (i) Condominium Units as
to which uses have been allocated pursuant to
Paragraph II.E.2(a), identifying the location and the
area in square feet of each Condominium Unit to
which a particular use has been allocated, and (ii)
tenants of space within the Development (excluding
tenants occupying Condominium Units to which
uses have previously been allocated pursuant to
Paragraph II.E.2(a)), identifying the location and the
area in square feet of each Condominium Unit
devoted to each existing use (excluding uses which
are to be replaced in connection with the
construction of the tenant improvements). Sucli
inventory shall be in the form attached hereto as
Attachment III and shall be accompanied by (i) a
calculation of the P.M. Peak Hour Trips allocated to
each use shown on the inventory, determined by
multiplying the area devoted to each such use by the
applicable traffic generation rate for such use (as
established pursuant to Paragraph II.B), and (ii) a
calculation of the number of parking rights allocated
to particular Condominium Units within the
Development.
(2) The specific use for which the tenant improvements
are to be constructed and the building area to be
devoted to such use and a calculation of the P.M.
Peak Hour Trips allocated to each such use,
determined by multiplying the area to be devoted to
such use by the applicable traffic generation rate for
such use (as established pursuant to Paragraph II.B).
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June 15, 2004
(3) A calculation of P.M. Peak Hour Trips remaining
available within the Development for other uses,
consistent with Paragraph II.E.1. A minimum of .26
trips per 1000 square feet must remain (sufficient to
accommodate mini -warehouse use) in order to
allow reasonable use of the remaining space.
(4) If a P.M. Peak Hour traffic generation rate for a
particular tenant is established by a traffic report
acceptable to the City Traffic Engineer and the
Director of Community Development pursuant to
Paragraph II.B.2(f), then, upon a proposed transfer
of the occupancy of such space to a successor
tenant, the application for a business license by the
successor tenant shall require that a new P.M. Peak
Hour traffic generation rate be established for that
successor tenant, either by the application of one of
the rates specified in Paragraphs II.B.2(a) through
II.B.2(e) or by another traffic report acceptable to
the City Traffic Engineer and the Director of
Community Development pursuant to Paragraph
II.B.2(f), as appropriate.
(b) The Director Community Development shall confirm that
the calculations and conclusions contained in such report
are consistent with the requirements of this Development
Plan as to uses, P.M. Peak Hour Trips and parking
allocations prior to the issuance of the business license or
building permit in connection with which the report was
submitted.
(c) As used in this Development Plan, the term "Change in
Use.... shall mean: (i) the issuance of a business license for
a change in occupancy; (ii) the issuance of a building
permit for any tenant improvements to be constructed
within a Condominium Unit to accommodate an initial use:
or, (iii) a change in use or an expansion of the area
occupied by an existing use (excluding expansions of
ancillary office uses which are part of a light industrial use
as permitted in Paragraph II.B, but only if the ancillary
office use, as so expanded, does not exceed 25% of the
floor area of the Condominium Unit).
4. Subject to the provisions of Paragraphs II.E.I, II.E.2 and II.E.3, the
maximum area devoted to professional, administrative and general
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June 15, 2004
offices uses shall be 76,628 square feet. (This would leave a
sufficient number of P.M. Peak Hour Trips remaining to
accommodate a mini -warehouse use in the remaining area).
5. Subject to the provisions of Paragraphs II.E.1, II.E.2 and H.E.3, the
maximum area devoted to high technology uses shall be 103,128
square feet. (This would leave a sufficient number of P.M. Peak
Hour Trips remaining to accommodate a mini -warehouse use in the
remaining area).
F. Building Setbacks and Landscape Buffers.
1. Building setbacks are as follows:
(a) The buildings shall be set back a minimum of 100 feet from
the top of the bank of Gallinas Creek.
(b) Paving (except for walking paths) shall be setback a
minimum of 50 feet from the top of the bank of Gallinas
Creek.
(c) The buildings shall be setback a minimum of 85 feet from
Redwood Highway, and a minimum of 50 feet from the
northerly and easterly boundaries of the property.
2. Exceptions permitted within building setbacks described in
Paragraph H.F.1.
(a) Roof overhangs may extend a maximum of 10 feet.
(b) Steps, ramps, walkways.
(c) Paving, curbing, parking and loading facilities (except that
no paving shall be closer than 50 feet from the top of the
bank of Gallinas Creek, other than walkways specifically
approved by the City and consistent with the findings of a
biological survey and review of the Department of Fish and
Game).
3. Landscape buffers are as follows:
(a) The area of the 50 foot setback from the top of the bank of
Gallinas Creek shall be heavily landscaped with native
plants to enhance and protect the riparian corridor.
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June 15, 2004
G. Building Height and Separation.
1. Building height shall not exceed 36 feet when measured in
accordance with the UBC method to the midpoint of the rake of the
roof.
2. Exceptions to the building height limit are:
(a) Roof mounted equipment, screens and enclosures (as
provided in Design Guidelines Section L).
(b) Telecommunications equiprpent.
(c) Elevator penthouses.
(d) Roof access enclosures.
(e) Flag poles.
(f) Parapets.
(g) Architectural features.
H. Off -Street Parking and Loading.
1. A maximum of 426 parking spaces shall be provided for the
Development,some ;of ,whieh may remain in landscape reserve
until needed. l(IfLadd tiQrtal P,M_ ,Peak Hour Trips are allocated to
-the site '.by ; 'T ip IP�ermjt ;gtt;quant to Chapter 26 of the Zoning
Mrdinance;or;other. actionjky;the City of San Rafael, and additional
parking is pequired _under ;the Zoning Ordinance and this
Development;Plan;dgp4o a,resulting increase in intensity of use at
the Development, then the maximum number of parking spaces
shall be increased. accordingly with the approval of the Director of
Community Development)
2. Thirty percent of the parking spaces to be provided may be
compact stalls and the number of stalls for use of disabled persons
shall be in accordance with the requirements of the California Code
of Regulations, Title 24.
3. Except as specifically provided herein, parking dimensions and
regulations shall be as required by in Chapter 14.18 of the Zoning
Ordinance, which includes bicycle parking requirements, subject to
modifications approved by the Director of Community
Development.
10
June 15, 2004
4. Parking for general office and high technology uses shall be at the
rate of 4 spaces per 1,000 square feet of building area. Parking for
light industrial and warehouse uses shall be at the rate of 2 spaces
per 1,000 square feet of building area, and for mini -warehouse uses
shall be at the rate of 1 space per 5,000 square feet of building area,
unless a lesser rate is approved by the Director of Community
Development.
1. Landscaping Standards.
1. Landscaping design concepts and planting palettes shall conform to
the intent of the plans and diagrams approved as part of the
Development Plan.
2. Drought tolerant planting shall be provided as required by the
Marin Municipal Water District ("M.M.W.D.").
3. A minimum 6 foot wide landscape area shall be provided along the
front facade of buildings, except where pedestrian, vehicular or
service access is required.
4. A minimum 6 foot wide landscape island shall be provided at the
end of all parking rows, except those rows which occur adjacent to
buildings.
5. Trees shall be provided over the entire parcel at a minimum ratio of
1 tree per 4 parking spaces provided.
6. The use of berms or hedges are encouraged to screen parked cars
from Redwood Highway.
7. All planter beds adjacent to vehicular circulation shall be protected
by 6" high (minimum) concrete curbing, and shall have a minimum
interior width of 6 feet.
8. A minimum 20 feet from the back of the front curb (or front
sidewalk, where there is one) must be landscaped.
June 15, 2004
J. Signage.
The sign program for the Development (which shall include project directional,
building and tenant signage) shall conform to Chapter 14.19 of the Zoning
Ordinance.
K. Lighting.
1. The lighting program shall be as set forth in the Environmental and
Design Review approval for the project, but may be modified with
the prior written consent of the Director of Community
Development. The program .shall address the lighting needs of the
site, with the following standards:
(a) Exterior lights shall :not create excessive glare and should
be shielded .and directed to keep the pool of light on-site,
except for low level decorative lighting where specifically
approved as a part of the Master Development Plan and
Environmental and Design Review Permit approval.
(b) Building lighting should enhance the security of the area
and be compatible with the building's architectural design.
L. Development Phasing.
The construction of the buildings in the Development may occur in any
combination or +order. If the Development is subdivided into separate parcels,
appropriate reciprocal easement agreements shall be recorded to insure access and
parking for each of the buildings. Such reciprocal easement agreements shall be
subject to approval by the Director of Community Development.
M. Design Guidelines.
All parcels shall comply with the requirements of the City Environmental and
Design Review Ordinance and with the following Design Guidelines:
1. Architectural Design Guidelines,
(a) Parking areas will not be located closer to property lines
than the minimum applicable landscape buffer, as described
in Paragraphs II.F.1 and II.F.2 above.
(b) Wherever practical, facilities and techniques to reduce
consumption of energy and water resources shall be
utilized.
12
June 15, 2004
(c) Roof appurtenances such as mechanical equipment or
antennae shall be screened from public views.
N. Landscape Design Guidelines.
(a) Maximum use shall be made of drought resistant plant
species to minimize consumption of irrigation water.
(b) Site development and landscape design should ensure flood
control and minimize erosion.
(c) Landscape designs should enhance the architectural
character of buildings and reinforce building form and site
circulation patterns.
(d) Landscape irrigation systems shall be designed to conform
with guidelines established by M.M.W.D.
(e) Stormwater control shall be designed in accordance with
applicable state and local regulations.
13
June 15, 2004
4300 Redwood Highway
Examples of Mixes of Uses
June 2, 2003
All Light Industrial Containing 25% Office
Type Area P.M. Peak Trips
of Use Trip Rate
Light Industrial 130,128 1.4 182.18
Professional Office, Balance Warehouse
Type Area P.M. Peak Trips
of Use Trip Rate
Office 68,628 2.2 150.98
Warehouse 61,500 0.51 31.37
Totals 130,128 182.35
Maximum Professional Office, Balance Mini -Warehouse
Type Area P.M. Peak Trips
of Use Trip Rate
Office 76,628 2.2 168.58
Mini -Warehouse 53,500 0.26 13.91
Totals 130,128 182.49
Maximum High Technology, Balance Mini -Warehouse
Type Area P.M. Peak Trips
of Use Trip Rate
High 'Technology 103,128 1.7 175.32
Mini -Warehouse 27,000 0.26 7.02
Totals 130,128 182.34
Attachment 1 to Development Plan
High Technology, Warehouse and Mini -Warehouse
Type Area P. M. Peak Trips
of Use Trip Rate
High Technology 100,128 1.7 170.22
Warehouse 17,000 0.51 8.67
Mini -Warehouse 13,000 0.26 3.38
Totals 130,128 182.27
Office, High Technology and Warehouse
Type Area P. M. Peak Trips
of Use Trip Rate
Office 26,128 2.2 57.48
High Technology 60,200 1.7 102.34
Warehouse 43,800 0.51 22.34
Totals 130,128 182.16
Attachment I to Development Plan
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
MAIL TAX STATEMENTS TO:
Assessor's Parcel No.
NOTICE OF USE RESTRICTION
This Notice of Use Restriction (this "Notice") is made as of ,
200_ by 4300 Redwood Road Venture LLC, a Delaware limited liability company
("Declarant").
RECITALS
A. Declarant is the owner of certain real property (the "Condominium Unit")
commonly known as and more particularly described in Exhibit A,
which Exhibit is incorporated herein by this reference.
B. Declarant has executed and caused to be recorded that certain "Declaration
of Covenants and Restrictions Establishing a Plan for Condominium Ownership for the
4300 Redwood Highway Business Center, a Commercial Condominium Project," dated
as of , 2004 (as hereafter amended, the "Declaration"), which encumbers the
Condominium Unit and certain other real property described therein (collectively, the
"Condominium Project").
C. On or about , 2004 the City of San Rafael approved, by
Ordinance No. , an "Amended and Restated Development Plan for
Development of Light Industrial and Office Project at 4300 Redwood Highway, San
Rafael, California" (as hereafter amended or superseded, the "Development Plan"), which
established certain uses which could be conducted at the Condominium Project and
required that each condominium unit within the Condominium Project be restricted to
one or more of such uses.
Attachment H
Page 1
June 15, 2004
D. The Development Plan and the Declaration also provided that such use
restriction would be imposed by the recordation of this Notice and that the Condominium
Unit would thereafter be restricted to the uses described in this Notice.
USE RESTRICTIONS
Declarant hereby declares that the Condominium Unit, and each part thereof or
interest therein, is held, and shall be held, conveyed, assigned, encumbered, leased,
rented, occupied, improved and used subject to the following covenants and restrictions:
1. Use Restrictions. The use of the Condominium Unit shall be restricted to
any combination of one or more of the following uses (the "Permitted Uses"):
2. Covenants and Restrictions to Run with Land. The covenants and
restrictions set forth herein shall run with the Condominium Unit, and each part thereof
and any interest therein, and shall bind and inure to the benefit of each party having or
acquiring any right, title or interest in or to the Condominium Project, or any part thereof,
and their respective successors in interest. The provisions of this Notice shall also
constitute enforceable equitable servitudes which shall bind and inure to the benefit of
each party having or acquiring any right, title or interest in or to the Condominium
Project, or any part thereof, and their respective successors in interest.
3. Covenants and Restrictions Enforceable by the City of San Rafael. The
provisions of this Notice shall also inure to the benefit of the City of San Rafael, and the
City of San Rafael shall have the right, but not the obligation, to enforce any of the
provisions of this Notice.
4. Amendments. No provision of this Notice of Use Restriction may be
amended without the prior approval of the City of San Rafael, except that this Notice of
Use Restriction may be superseded by the recordation of another Notice with respect to
the Condominium Unit by Declarant or its successor as the Property Owner, provided that
a calculation is submitted to and approved by the San Rafael Community Development
Director in advance of the recordation as required under Paragraphs IIE2 (a) and (b) of
the Amended and Restated Development Plan for Development of Light Industrial and
Office Project at 4300 Redwood Highway, San Rafael, California, approved June 2,
2003; and further providing that no such successor Notice shall restrict the use of the
Condominium Unit for any one or more of the Permitted Uses without the written consent
of the then owner of the Condominium Unit. As used in this Notice, the term "Property
Owner" shall mean 4300 Redwood Road Venture LLC, a Delaware limited liability
Attachment II
Page 2
line 15, 2004
company, and any successor which 4300 Redwood Road Venture LLC may hereafter
designate by the recordation of a notice of such a designation in the Official Records of
Marin County, California. Recordation of any Amended Notice of Use Restriction
hereunder without first obtaining review and approval of same by the San Rafael
Community Development Director shall be void and of no force or effect.
5. Limitation on Restrictions. No provision of this Notice shall be deemed to
restrict or prohibit any activities pertaining to:
(a) the use of the Common Areas of the Condominium Project, as
those are defined in the Declaration, for the purposes specified in the Declaration;
(b) the construction of improvements at the Condominium Project at
any time; or
(c) any remediation activities pertaining to any hazardous materials
which may now or hereafter be present on any part of the Condominium Project.
6. Tenant's Rights. A tenant or licensee in possession of the Condominium
I Init shall have the same rights, and shall be subject to the same restrictions, with respect
to the use of the Condominium Unit as an owner in possession of the Condominium Unit
would have. All leases shall obligate tenants to comply with the covenants and
restrictions set forth in this Notice, and shall provide that any violation of the provisions
of this Notice constitutes a default under the lease, and if not stated in any such lease, the
lease shall be deemed by this provision to so provide the foregoing.
7. Rights of Lenders and Owners. No breach of any of the covenants,
conditions and restrictions herein contained, nor the enforcement of any lien provisions
herein, shall render invalid the lien of any mortgage made in good faith and for value, but
all of said covenants and restrictions shall be binding upon and effective against any
owner whose title is derived through foreclosure or trustee's sale, or otherwise.
8. Invalidity of Any Provision. Should any provision or portion hereof be
declared invalid or in conflict with any law of the State of California, the validity of all
other provisions and portions hereof shall remain unaffected and in full force and effect.
9. No Waiver. Any failure or delay by Declarant, any owner or the City of
San Rafael in enforcing any covenant or restriction herein contained, in any certain
instance or on any particular occasion, shall not be deemed a waiver of such right on any
such future breach of the same or any other covenant or restriction.
10. Attorney Fees. In the event of any action or proceeding at law or in equity
to interpret or enforce any provision of this Notice or to protect, interpret or establish any
right or remedy of any party pursuant to this Notice, the unsuccessful party to such
litigation shall pay to the prevailing party all costs and expenses, including reasonable
attorneys' fees incurred therein by such prevailing party, and if such prevailing party shall
Attachment H
Page 3
June 15, 2004
recover judgment in any such action or proceeding, such costs, expenses and attorneys'
fees shall be included in and as a part of such judgment.
IN WITNESS WHEREOF Declarant has caused this Notice to be executed as of
4300 REDWOOD ROAD VENTURE LLC,
a Delaware limited liability company
By: _.
Its:
Attachment II
Page 4
June 15, 2004
STATE OF CALIFORNIA
) ss:
COUNTY OF MARfN
On , before me, , Notary Public, personally appeared,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Attachment H
Page 5
June 15, 2004
Notary Public
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June 3, 2003
Job No. 91510-2
EXHIBIT "B"
LEGAL DESCRIPTION
All that certain real property situate in the City of San Rafael, County of Marin, State of California,
described as follows:
PARCEL ONE:
BEGINNING at the Northerly terminus of the course described as "South 18° 47' 22" West 186.02 feet"
in Parcel 2 of the property granted by Manual T. Freitas, et al, to the State of California by Deed recorded
in Book 1208 of Official Records, at Page 255; thence South 18° 47' 22" West, 30.00 feet to the true
point of beginning; thence South 71° 12' 38" East, 132.42 feet; thence North 81° 02' 46" East, 107.43
feet; thence South 8° 57' 14" East, 335.00 feet; thence North 81° 02' 46" East, 146.95 feet; thence South
8° 57' 14" East, 183.02 feet to the Southerly line of the lands firstly described in the Deed from Rose
Freitas Rose, et al, to Associated Construction Engineering Company of California, Inc., a corporation, et
al, dated February 25, 1960 and recorded March 3, 1960 in Volume 1349 of Official Records, at Page
199, Marin County Records; running thence Westerly along said Southerly line the following three
courses and distances: thence South 860 14' 01" West, 159.39 feet; thence South 720 36' 11" West,
258.81 feet; thence North 81 ° 19' 24" West, 171.11 feet to a point on the Easterly boundary of said Parcel
2 (1208 O.R. 255); thence along said Easterly boundary (1208 O.R. 255), North 6° 41' 43" East, 272.09
feet; thence along a tangent curve to the right, having a radius of 773.05 feet; through a central angle of
12° 05' 39" for a distance of 163.18 feet; and North 18° 47' 22" East, 156.02 feet to the true point of
beginning.
PARCEL TWO:
BEGINNING at the Northerly terminus of the course described as "South 18° 47' 22" West, 186.02 feet"
in Parcel 2 of the property granted by Manual T. Freitas, et al, to the State of California by Deed recorded
in Book 1208 of Official Records, at Page 255; running thence South 18'47' 22" West, 30.00 feet; thence
South 71 ° 12' 38" East, 132.42 feet; thence North 8 V 02' 46" East, 107.43 feet; thence South 8° 57' 14"
East, 335.00 feet; thence North 81° 02' 46" East, 146.95 feet; thence South 8° 57' 14" East, 183.02 feet to
the Southerly line of the lands firstly described in the Deed from Rose Freitas Rose, et al, to Associated
Construction Engineering Company of California, Inc., a corporation, et al, dated February 25, 1960 and
recorded March 3, 1960 in Volume 1349 of Official Records, at Page 199, Marin County Records;
running thence Easterly along said Southerly line North 86° 14' 01" East, 281.48 feet to an angle point
therein; thence Northerly and Westerly along the Easterly and Northerly lines of the lands described in
said last named deed the following three courses and distances: North 8° 57' 14" West, 573.47 feet, South
81° 02'.46" West, 527.30 feet and North 71° 12' 38" West, 125.01 feet to the point of beginning.
Legal Description prepared by Kier & Wright, Civil Engineer 8
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Date M. Barry Schn\ ,
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F:\I'It()JEC"f S\91510-2\EXH1B1'1' B.doc
EXHIBIT B