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HomeMy WebLinkAboutOrdinance 1750 (Fasken Property Master Plan; Corp Yard)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. 1750 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE, BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PD (PLANNED DEVELOPMENT) DISTRICT AND LI/O (LIGHT INDUSTRIAL / OFFICE) DISTRICT TO PLANNED DEVELOPMENT (PD ORDINANCE NO. 1750) DISTRICT FOR THE FASKEN PROPERTY MASTER PLAN, CITY CORPORATION YARD AND COMMERCIAL OFFICE COMPLEX DEVELOPMENT (RE: ZC 99-5,2350 KERNER BOULEVARD AND 200 MORPHEW STREET; AP NOS. 009-291-10, 31, 32 AND 34 [PTN.])" 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 20th day of March, 2000, a summary of Ordinance No. 1750 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 3rd day of April, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller and Vice -Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips ABSTAIN: COUNCILMEMBERS: Mayor Boro (due to absence from public hearing of 3/20/2000) WITNESS my hand and the official seal of the City of San Rafael this 5th day of April, 2000 JEANRE M. LEONCINI, City Clerk ORDINANCE NO. 1750 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE, BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PD (PLANNED DEVELOPMENT) DISTRICT AND LI/O (LIGHT INDUSTRIAL✓OFFICE) DISTRICT TO THE PLANNED DEVELOPMENT (PD ORDINANCE NO. 1750) DISTRICT FOR THE FASKEN PROPERTY MASTER PLAN, CITY CORPORATION YARD AND COMMERCIAL OFFICE COMPLEX DEVELOPMENT (RE: ZC 99-5,2350 KERNER BOULEVARD AND 200 MORPHEW STREET; AP NOS. 009-291-10, 31, 32 AND 34[PTN.1) WHEREAS, on June 18, 1999, an application requesting a Planned Development District zoning (ZC 99-5) was filed by the Fasken Trust to approve a Development Plan and establish the regulations to develop an 11.97 acre site, in accordance with the General Plan and Zoning Ordinance, with three (3) commercial office buildings, a City Corporation Yard site and extension of the City of San Rafael Shoreline Park, and the application was subsequently deemed complete for processing; and WHEREAS, the Zone Change request was accompanied by related project entitlements including a General Plan Amendment request to redesignate a three (3.0) - acre portion of the site to the Public / Quasi -Public land use designation; and WHEREAS, the Zone Change request to Planned Development District (PD) includes a request to transfer floor area ratio intensity consistent with General Plan Policy LU -17; and WHEREAS, upon review of the subject applications an Initial Study was prepared consistent with the requirements of the California Environmental Quality Act; and WHEREAS, the City Council has adopted a Mitigated Negative Declaration for the project by adoption of a separate resolution; and WHEREAS, the City Council has approved the General Plan Amendment by adoption of a separate resolution; and WHEREAS, on February 29, 2000 the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Zone Change and related project entitlements including a Master Use Permit, Environmental and Design Review Permit, Trip Permit and Parcel Map applications, accepting all oral and written public testimony and the written report of the Community Development Department staff. On a 5-0-2 vote (Atchison and O'Brien absent) recommended to the City Council approval of the Planned Development (PD) District rezoning and Development Plan for Phase I development of 2350 Kerner Boulevard and 200 Morphew Street parcels (APN's 009-291-10, 31, 32 and 34) only, recommending that Phase II development of 2333 and 2300 Kerner Boulevard properties (APN's 009-291-7, 8, 9, 47) be excluded from the PD approval; and WHEREAS, on March 20, 2000 the San Rafael City Council held a duly -noticed public hearing on the proposed Zone Change and related project entitlements including a Master Use Permit, Environmental and Design Review Permit, Trip Permit and Parcel Map applications, accepting all oral and written public testimony, the written report of the Community Development Department staff, and the verbal presentation of City staff and consultants; and WHEREAS, the proposed Planned Development (PD) District contains development standards for commercial office and corporation yard facility uses as outlined in Exhibit "A"; and WHEREAS, the application for rezoning to a PD district includes a 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 City Council makes the following findings of fact as required under Zoning Code Sections 14.27.060 and 14.07.090 in approving the amendment to Planned Development (PD) District for the 2350 Kerner Boulevard and 200 Morphew Street Phase I properties and adopting the PD Ordinance for the site: 1. The Development Plan and Planned Development District (PD) amendment are consistent with the General Plan, adopted neighborhood plans and other applicable City plans and policies in that; a) The project implements the General Plan land use policies LU -13 and LU -50 that apply to the site for Office and Corporation Yard development, which encourage a relocation of the City Corporation Yard; b) The project has been designed to implement environmental policies NE -14, NE - 15, ESR -63 and ESR -64 by providing a 75 -foot building setback from the edge of wetland and would enhance the edge of the wetlands zone with a 35 to 70 foot wide native vegetation planting zone; c) The project would implement Design Policies LU -19 through 36 and ESR -30 through 41 by proposing high quality building design, and buildings would be situated to allow visual access to the bay frontage and considers views of the site from I-580, and includes an approporiate level of site landscape treatments including a 20 foot frontage landscape strip that includes street trees; d) The project is consistent with the development limitations established in specific General Plan policies in that: (1) Total floor area ratio (FAR) intensity of the site will not exceed the total FARs permitted for the site under the LI/O and P/QP land use designations, (2) PM peak hour trip allocations for the subject property will not be exceeded as specified in the General Plan appendices (Appendix B) in that: (a) 41 Bonus Trips would be allocated for Phase I development, as necessary, consistent with General Plan Policy C-4 and C-6 and Zoning Code Chapter 26, and; (b) Phase H development is excluded from the PD approval and will remain subject to the existing LI/O zoning regulations, (3) a transfer of FAR is granted from the P/QP parcel to the LI/O parcel consistent with LU -17-2, to allow the light industrial/office designated parcel to exceed a 0.26 FAR, as discused further in the following Finding #Ld)(4), and (4) the proposed transfer of 33,977 square feet of floor area intensity from the 3.0 acre Corporation Yard site to the 7.28 acre Phase I Office Development parcel complies with General Plan Land Use Policy LU -17-2 for the following reasons: (a) It will allow the City to secure a new Corporation Yard site on a portion of an existing Light Industrial/Office designated parcel, and the Corporation Yard is determined to be a "significant public benefit" as specifically required under LU -17-2 in that it is a needed facility and the City must relocate the existing Corporation Yard facility to allow redevelopment of the existing site consistent with General Plan Policy LU -50. (b) The transfer of FAR from the Corporation Yard site to the Phase H office site meets the following criteria as required under LU -17: (i) The development of the beneficiary parcel is consistent with the General Plan 2000 as discussed in these PD Rezoning Findings la) through h), except that the 0.26 FAR for the Phase I office parcel development may be exceeded. Furthermore, all applicable zoning and design parameters and criteria are complied with as established by the PD zoning regulations adopted for the site and confirmed by findings for approval of an Environmental and Design Review Permit for the project; (ii) Traffic impacts from the subject properties impact the same interchanges given that PM peak hour traffic generation is identified in General Plan Appendix B which includes trips generated by the project, and the project has been evaluated by the City pursuant to the City's PPP process which determined the project would impact the same critical intersections in East San Rafael; and (iii)The total number of trips generated from the proposal will not exceed the total General Plan trip allocations for the subject parcel(s) in that sufficient trips have been allocated to the parcel in General Plan Appendix B, including allocation of reserve trips from Appendix B pursuant to General Plan Policy C-6 through approval of a Trip Permit. e) The project is consistent with the Circulation policies C-1, C-2, C-3, C-4, C-6 and C-7 in that the project is will not reduce adopted traffic levels of service below LOS D at critical intersections, as determined through the PPP review of the project and City traffic analysis, and the project will not exceed its total trip 3 allocation established in General Plan Appendix B, as further discussed in the findings for issuance of a Trip Permit to grant Bonus Trips to the Phase I site. f) Conditions of Approval are included in the accompanying project entitlements to ensure consistency with all applicable General Plan policies including policies discussed above as well as all additional applicable Noise, Safety, Circulation, Recreation and Utility Service elements policies by ensuring a maximum 60 dBA interior noise level is maintained in office buildings; that the shoreline levee will be upgraded as necessary; that the property will meet the required +7.0 foot flood elevation; that drainage will be directed into the existing South Pond drainage system which has been designed and established to handle anticipated project site runoff; that utility systems will be installed and designed to serve the site; that traffic mitigation fees will be collected from the site to partially fund long-term traffic improvements, and; that access to open space is provided through extension of the City approved Shoreline parkband. g) The plan implements the City adopted San Rafael Shoreline Park Master Plan (approved in 1989) and Shoreline Park Enhancement Plan (approved in 1991) by improving the 1.4 acre segment of the parkband located along the property bay frontage. h) The plan complies with the East San Rafael Wetland Mitigation Plan, prepared in 1982 and approved by the City, by re-establishing upland vegetation along the Bayview Marsh adjacent to the site and planting the upland vegetation buffer identified in the plan on the project site. 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 given that the proposed development is consistent in scale and type and high quality design to surrounding light industrial, office, and corporation yard uses with adequate landscaping and parking included and improved access to the Shoreline Parkband. 3. The applicant has demonstrated that public facilities are provided to serve the anticipated population in that the project development is within the limits anticipated by the General Plan 2000, the site is served by San Rafael Sanitation District and a portion of the property located outside of the San Rafael Sanitation District will be annexed so that the entire site is within district boundaries, and 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 a) providing placement of buildings which respect the adjacent wetlands and the bay, b) providing placement of buildings which consider the bay and proposed Shoreline Park, thus, providing visual access to the bay, c) meeting the commercial office parking regulations and establishing adequate parking for the Corporation Yard use, d) providing adequate access to the site including access to the Phase I parcel from Morphew Street with 20 -foot, one-way drive aisles that would provide a sufficient width to allow vehicle to maneuver safely 4 into and out of the 90 degree parking spaces proposed along the access driveway, and e) providing landscaping improvements and building setbacks that are similar to surrounding industrial development. 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 walkways are provided from parking areas with bicycle parking provided, 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 in that the amendment implements the General Plan and the development plan conforms with City standards as discussed in Findings 1 through 5. Furthermore, a Mitigated Negative Declaration has been prepared and adopted for the project that evaluated potential environmental impacts of the project and determined impacts would be less -than -significant based on incorporation of mitigation measures. 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 PD (Planned Development) District to PD (Planned Development Ordinance No. 1750 ) District. Said property so classified is located on Morphew Street and Kerner Boulevard, San Rafael, as shown on County Assessor's Parcel Numbers 009-291-10, 31, 32 and 34 (ptn.), and as further described per the property legal description attached as Exhibit `B" and as shown on the tentative parcel map depicting Parcels A, B and D, attached as Exhibit "C". DIVISION 2. Any development of this property shall be subject to the development standards outlined in Exhibit "A", Development Plan for 2350 Kerner Boulevard, 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. 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 5 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. dam X1e� BARBARA HELLER, Vice Mayor ATTEST: JEA M. LEONC,City Clerk The foregoing Ordinance No. 1750 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 201h day of March, 2000, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Miller, Phillips and Vice -Mayor Heller NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Boro and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 3rd day of April, 2000. A. A M. LEON6INI, City Clerk ord.pd.cc.doc EXHIBIT "A" PD Zoning Development Standards DEVELOPMENT PLAN FOR 2350 KERNER BOULEVARD 7r� DEVELOPMENT PLAN FOR DEVELOPMENT OF CITY CORPORATION YARD, OFFICE AND COMMERCIAL PROJECT 2350 Kerner Boulevard, San Rafael, California January 29, 2000 I. General Description of the Development. Incorporation of "Site Plan l Alaster Development Plain " The "Site Plan / Master Development Plan" (the "Site Plan") prepared by Hai -mum Associates, as revised on January 24, 2000, is incorporated in this Development Plan as an integral part. Description of the Site The project site contains 11.97 acres and is located at 2350 Kerner Boulevard at the intersection of Morphew Street in East San Rafael. The main portion of the project site is located northeast of Kerner Boulevard, and one parcel is located southwest of Kerner Boulevard. The project site is to be developed with buildings and other improvements for office and related uses on 8.97 acres and the City of San Rafael's Corporation Yard (the "Corporation Yard") on 3.00 acres. Currently under common ownership with the land to be developed for the Corporation Yard and for office uses are an additional 5.5 to 6.0 acres of land located east of the existing levee, which are not a part of the project. A parcel map (the "Parcel Map") is to divide the land to be developed into four separate parcels. Development in Phases The office component may be developed in two phases. Phase I of the office component consists of 7.28 acres, of which 5.89 acres (shown on the Parcel Map and referred to in this Development Plan as "Parcel B") is to be developed with an office building and other related improvements and 1.39 acres (shown on the Parcel Map and referred to in this Development Plan as "Parcel D") is to be improved and dedicated as a part of the Shoreline Park. Phase U of the office component consists of 1.69 acres, and the land on which it is to be located is referred to in this Development Plan as "Parcel C." The parcel of land on which the Corporation Yard is to be located consists of approximately 3.0 acres and is shown on the Parcel Map and referred to in this Development Plan as "Parcel A." �l Phase I office development is to include improvement and dedication by the developer of approximately 1.4 acres (60,708 square feet) of the Phase I land, generally consisting of the area 100 feet inboard of the levee / Mean High Tide, as part of the City's Shoreline Park, consistent with General Plan Policies R-26 and CB -4 and pursuant to the adopted Shoreline Park Master Plan and Shoreline Enhancement Plan. The timing of the development of the office Phases shall be determined by the owner of the project, subject to the requirements of the ordinances of the City of San Rafael regarding traffic capacity. The City Corporation Yard may be developed at any time, as detenmined by the City of San Rafael. Intensity of Development The General Plan provides that the floor area ratio ("FAR") for office uses in the vicinity of the project is 0.26 and for public or quasi -public uses is 1.0. Subject to certain conditions (all of which are satisfied .by this development), Land Use Policy LU -17 permits the transfer of FAR from one parcel to another where a significant public benefit is to be provided, such as securing a new public facility site. As provided below, FAR equivalent to 33,977 square feet of building area has been transferred from the City Corporation Yard parcel to Phase I of the office development, thereby increasing the FAR of Phase I of the office development to .37, when measured in the manner provided in General Plan Policy LU -14, which would take into account the area of the land to be dedicated for the Shoreline Park. (The FAR of Phase I would be .46, if the area of the land to be dedicated for the Shoreline Park were not taken into account.) The FAR of Phase II of the office development remains at .26. The FAR of the City Corporation Yard parcel would be reduced by the transfer to .74, but is to be further limited by this Development Plan to .29. Description of Office Development Phase I of the office development shall consist of two office buildings, which shall together contain a total of 116,427 square feet of area (or such lesser amount as the owner may determine). Phase II shall consist of an additional 19,091 square feet of area (or such lesser amount as the owner may determine). The two Phase I office buildings shall be three story structures consisting of ground level parking, second level offices and third level offices. Building 1 would have a parking level footprint of approximately 27,485 square feet, and Building 2 would have a parking level footprint of approximately 24,265 square feet, for combined Phase I office building coverage of approximately 51,750 square feet. Phase II will contain a single building, also a three-story structure consisting of first (ground) level parking and offices on the second and third levels. It would have an approximately 9,545 -square foot first and second level footprint. Phase II, and Parcel C upon which it is located, is bisected by Kerner Boulevard. Phase I and II Buildings 1, 2, and 3 shall be not more than 36 feet high when measured in accordance with the Uniform Building Code ("UBC") method to the midpoint of a hipped roof. Each would consist of a parking level extending eight feet above grade, 12 -foot second office level, ten -foot third office level, and six -feet to the rake of the roof. The lower portion of the parking level is to be partially enclosed with a wall and four -foot high sloped and landscaped berm and would be left open above the berm. Interim Uses of Phase II Until the construction of an office building on Phase II, the property may continue to be used as a heliport (subject to the conditions upon such use previously established by the City through a conditional use permit) and for storage purposes. Description of City Corporation Yard Development The Corporation Yard parcel is to be developed with a Corporation Yard Building and accessory structures (including outbuildings, and covered and uncovered storage facilities), parking and landscaping. The Corporation Yard project would accommodate service, maintenance and garage facilities generally associated with maintenance of municipal facilities, and would provide administrative office space for those functions and parking for employees and visitors. The Corporation Yard Building would be a two-story approximately 32,122 -square foot structure consisting of 20,154 square feet on the first (ground) level and 11,968 square feet on the second level. The 20,154 -square foot building footprint would cover 15.4 percent of the 130,680 -square foot Corporation Yard site. The building would house all operations of the Department of Public Works including administration / engineering, traffic engineering, records' storage, street maintenance supervisory offices (including tool and equipment storage), park maintenance supervisory offices (including tool and equipment storage), facilities maintenance (including tool and equipment storage and a workshop), parking meter repair shop, electrical and traffic signal maintenance, sewer system maintenance offices (including tool and equipment storage and a workshop), vehicle maintenance facility (including offices, a garage, tire and parts storage, air compressors, and lube equipment), a central dispatching / receiving office, and a training room. Other Corporation Yard facilities may include: • An approximately 1,100 -square foot enclosed storage building to house paints, fertilizers, and pesticides. • Two covered truck parking areas (with a total of 30 spaces) for dump trucks, street sweepers, pick-up trucks, traffic control message boards, asphalt patching trucks, water tankers, backhoes, loaders, forklifts, vegetation chipper and truck, pool cars, sewer maintenance vehicles, portable generators, spray 3 .7 _� equipment, centerline striping equipment, air compressors, jackhammers, etc. (Employee and visitor parking is discussed below.) • Wash rack (including a sweeper dump / clean out area) integrated with the enclosed storage building and one of the trick parking areas. • Fueling station (including a covered above -ground 5,000 gallon fuel tank). • Chiller, back flow preventor, transformer, and emergency generator. • Seven materials' storage bins (2,100 square feet) to contain sand, gravel, and miscellaneous items used to repair roads. • Other uses related to the operation of the City, as approved by the Community Development Director. Total height of the Corporation Yard Building would be 33.5 feet, including a I5 -foot first level, 15.5 -foot second level, and additional three-foot roof projection above the roof peak height of 30.5 feet. Accessory structures would be subject to a 15 -foot height limit. Circulation and Parking Access to the Phase I site shall be obtained from Morphew Street and Kemer Boulevard, extending from the end of Morphew Street into the Phase I site as a two-lane divided private roadway. The private road would provide access to the parking area serving office Buildings 1 and 2 and the Corporation Yard. The Corporation Yard would also have secondary access from Kerner Boulevard. A two-way entrance / exit driveway immediately south of the Kerner Boulevard and Morphew Street intersection will also provide access to the Phase I site parking lot directly from Kerner Boulevard. Access to the Phase 11 site Building 3 is to be by two driveways on Kerner Boulevard (one each at the north and south ends of the Phase II site). An internal connection to the Phase I site may be provided. The Morphew Street extension would provide access to the Corporation Yard, including via one of two gated vehicular entrances to the activity yard and storage area. The second gate would be located in the northeast corner of the Corporation Yard and would connect to the office parking aisle located between office Building 1 and the Corporation Yard Building A total of 466 parking spaces shall be provided for the Phase I office buildings, including 312 standard car spaces, 144 compact car spaces, and ten spaces for parking by disabled drivers. An area for the parking of bicycles shall also be provided. Another 76 parking spaces shall be provided for the Phase II office building, including 59 standard car spaces, 13 compact car spaces and four spaces for parking by disabled drivers. 4 zV A total of 93 parking spaces shall be provided for Corporation Yard employees and visitors, together with approximately 30 covered spaces for trucks. Up to 17 of the visitor spaces (including three spaces for disabled visitors) may be provided along the Morphew Street extension, perpendicular to the divided roadway. The 76 remaining employee and 30 trick spaces shall be located in the gated activity yard. Open Space and Buffer Zone. The project shall contain both a 100 -foot wide "shoreline enhancement zone" west of (inland from) the line of highest tidal action of San Francisco Bay and a 35- to 70 -Foot wide "wetlands buffer zone" south from the Bayview Marsh wetlands limit, as shown on the Site Plan. The location of the wetlands buffer zone shall be as shown on the Site Plan. The existing fence would be replaced with a new fence, and "surrounds" (six-inch high curbs) would be built, both located at the paving edge of the zone. The project is to landscape the shoreline enhancement zone in accordance with the City's Shoreline Enhancement Plan and dedicate it to the City for a 1.4 -acre (60,708 -square foot) addition to the Shoreline Park. The following improvements shall be constructed in the enhancement zone: • A 20 -foot wide levee maintenance easement partly straddling and partly west of the top of the levee embankment. • An eight -foot wide bike path. • A three-foot wide running path. • A "Shoreline Park `Green,' in accordance with the Shoreline Enhancement Plan guidelines". A path located between office Buildings 1 and 2 would provide access to the Shoreline Park for employees of the office complex. A secondary access path from the eastern corner of the Phase I parking lot would provide public access from the Morphew Street extension and the project parking lot. This access would be in addition to the off-site access planned as part of the approved Shoreline Park Master- Plan. Setbacks The Phase I and Phase H office buildings shall be set back a minimum of 105 feet from the line of highest tidal action and a minimum of 75 feet from the Bayview Marsh wetlands limit, as shown on the Site Plan. Buildings adjacent to Kerner Boulevard shall have a minimum setback of 20 feet from the property line. 5 Modification of Elements of Site Plan and Development Plan The locations and building envelopes of structures and the location of other improvements shown on the 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 Site Plan, the matters shown on the Site Plan shall prevail to the extent of the inconsistency. Future amendments to this Development Plan may be applied for by the fee owner of the parcel directly affected by the proposed amendment, and no consent of the fee owners of the other parcels then subject to this Development Plan shall be required in connection with such an amendment. 11. Site Development Standards A. Floor Area Ratios Following a transfer of FAR among parcels in accordance with Land Use Policy "LU -17" of the City of San Rafael General Plan 2000, the FARs for the property shall be: (a) The FAR for public and quasi -public uses on Parcel A shall be .29. (b) The FAR for office uses on Parcel B shall be .3 7, measured including the area of Parcel D, or .46, measured on the area of Parcel B only. (c) The FAR for office uses on Parcel C shall be .26. B. Trip Allocations and Trip Generation Rates 1. The number of P.M. Peak Hour Trips for the property is 385, which shall be divided among the parcels as follows: (a) The number of P.M. Peak Hour Trips for Parcel A shall be 29. (b) The number of P.M. Peak Hour Trips for Parcel B shall be 309. (c) The number of P.M. Peak Hour Trips for Parcel C shall be 51. 6 .? ('0 2. The P.M. Peak Hour Trip generation rates per 1,000 square feet of building area shall be: (a) The rate for office uses, excluding public agency uses, shall be 2.65. (b) The rate for public agency uses shall be .9. C. The permitted uses of the property shall be: 1. City Corporation Yard uses. 2. Professional, administrative and general offices and related uses. 3. Research and development. 4. Retail sales to persons who do not visit the site to make purchases (such as internet retail sales). 5. Ancillary employee -serving restaurants and service businesses, as detennined to be appropriate by the Director of Community Development. 6. Until the constriction of an office building on Parcel C, Parcel C may continue to be used as a heliport (subject to the conditions upon such use previously established by the City through a conditional use permit) and for storage purposes. D. The property may be developed with the following amounts of building area devoted to each of the indicated uses: 1. Parcel A may be developed for Corporation Yard uses, including (without limitation) a building containing 32,122 square feet of gross floor area. 2. Parcel B may be developed with office buildings containing not more than 116,42-7 square feet. 3. Parcel C may be developed with office buildings containing not more than 19,091 square feet. E. Building Setbacks and Landscape Buffers: 1. Building setbacks are as follows: (a) Buildings adjacent to Kerner Boulevard shall have a minimum setback of 20 feet from the property line. 7 (b) All buildings shall be setback a minimum of 75 feet from the "Wetlands Limit" shown on the Development Plan adjacent to the Bayview Marsh. (c) Except as provided in II.E.1(d) below, all other building setbacks shall be a minimum of ten feet from adjacent property lines. (d) No setbacks are required from the San Rafael Shoreline Park area (i.e., along the property line between Parcel B and Parcel D). z. Exceptions permitted within building setbacks . described in Paragraph II.E.1: (a) Roof overhangs may extend a maximum of 10 feet. (b) Steps, ramps, walkways. (c) Paving, curbing and parking. (d) Fences used for screening of loading and storage areas, equipment, trash enclosures and other like elements required for functional use of the property shall be no higher than 10 feet along any public right-of-way. (e) Retaining walls 4 feet or less in height. 3. Landscape buffers are as follows: (a) A landscape buffer is a landscaped area located between building and parking areas or property lines. Walkways, benches, public utilities, driveways and the like are permitted within landscape buffers. (b) Property adjacent to Kerner Boulevard shall have a minimum landscape buffer of 20 feet from the property line. (c) Property adjacent to Bayview Marsh shall have the landscape buffer shown on the Site Plan and shall be planted with native grasses, forbs and shrubs, but not trees. No type of development shall be located within this buffer, including parking lots, lighting fixtures, pathways, etc. Fencing shall be placed at the outer edge of the buffer and shall be designed to discourage human access into the Bayview Marsh. 7� (d) All other landscape buffers shall be a minimum of eight feet from adjacent properties, except that no landscape buffer is required along the San Rafael Shoreline Park area, i.e., along the property line between Parcel B and Parcel D and a six foot landscaped buffer shall be required between Parcel C and the adjacent drainage pond and between Parcel C and Parcel B. F. Building Height and Separation: Building 1leight 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. (b) Telecommunications equipment. (c) Elevator overruns. (d) Roof access enclosures. (e) Flag poles. (f) Parapets. (g) Architectural features. 3. In order to preserve views to the Bay, buildings located adjacent to the San Rafael Shoreline Park area shall be located so as to provide a minimum of two view corridors. The aggregate width of all view corridors shall be no less than 90 feet. [7. Off -Street Parking and Loading: A total of 93 parking spaces shall be provided for Corporation Yard employees and visitors, together with approximately 30 covered spaces for trucks. Of those, up to 17 visitor spaces (including three spaces for disabled visitors) may be provided along the Morphew Street extension, perpendicular to the divided roadway. The 76 remaining employee and 30 truck spaces shall be located in the gated activity yard. 2. A total of 466 parking spaces shall be provided for the Phase I office buildings on Parcel B, including 312 standard car spaces, 7 144 compact car spaces, and ten spaces for parking by disabled drivers. An area for the parking of bicycles shall also be provided. 3. A total of 76 parking spaces shall be provided for the Phase II office building on Parcel C, including 59 standard car spaces, 13 compact car spaces and four spaces for parking by disabled drivers. 4. Parking dimensions shall be as required by in Chapter 14.18 of the Zoning Ordinance, subject to modifications approved by the Director of Community Development. H. Landscaping Standards: Landscaping design concepts and planting palettes shall conform to the intent of the plans and diagrams approved as part of the Development Plan and shall reflect the list of suitable species shown in the Shoreline Enhancement Plan guidelines of the City. 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 10 parking spaces provided. 6. The use of berms or hedges are encouraged to screen parked cars from public streets. 7. A water conservation and long term maintenance program for both permanent and 'interim landscaping shall be submitted prior to issuance of Building Permits. 8. All planter beds adjacent to vehicular circulation shall be protected by 6" high (minimum) concrete curbing. I. Signage: 10 `-30 The sign program for the project, which shall include project directional signage, building and tenant signage and shoreline access signage, shall conform to the Chapter 14.19 of the Zoning Ordinance. J. Lighting: 1. A lighting program shall be developed and shall be approved by the Director of Community Development prior to the issuance of a building permit for any of the buildings at the project. The lighting program shall address public streets, site and project circulation routes, parking areas, service areas, pedestrian areas, exterior building and entrance lighting, and project perimeter lighting, and shall conform to the Shoreline Enhancement Plan guidelines and the standards set forth in this Development Plan. 2. There shall be no exterior illumination of the buildings. 3. The garage lights shall consist of a four -panel louver so that the light source cannot be seen from outside the garage. 4. A low -impact lighting scheme will be installed in parking lots on the site including those along the south edge (adjacent to the South Pond) which will provide nighttime safety while minimizing impacts to wildlife in the adjacent marshes through downward - directed lighting. 5. The maximum intensity for parking lot illumination shall be one - foot candle. 6. Exterior lights shall be shielded and directed to keep the pool of light on-site. 7. Subsequent modifications, required by the City to implement the intent of Paragraphs II.J.3 through II.J.6 shall be made as identified by the Director of Community Development 30 days after occupancy. K. Development Phasing: The development of the phases of the project may occur in any combination or order. Individual phases may be further divided into sub -phases if appropriate. The project may be subdivided into separate parcels. L. Design Guidelines: DI 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.E.3(b), II.E.3(c) and II.E.3(d) above. (b) Wherever practical, facilities and techniques to reduce consumption of energy and water resources shall be utilized. (c) Roof appurtenances such as mechanical equipment or antennae shall be screened from public views. (d) Buildings located adjacent to the San Rafael Shoreline Park area should provide an attractive, high quality design incorporating colors and materials which are compatible with the surroundings and which enhance the Bayfront, and provide surveillance of the Shoreline Park area. (e) All service areas should be screened tluough use of berms, walls and landscaping adjacent to the San Rafael Shoreline Park area. (f) Non -reflective glass shall be used. (g) Building lighting should enhance the security of the area, be compatible with the building's architectural design and the lighting of adjacent buildings, and avoid glare. 2. Landscape Design Guidelines: (a) Planting on individual parcels shall be designed to enhance compatibility and hannony between adjacent parcels, and with the Shoreline Enhancement Plan guidelines and the Shoreline Park Master Plan. Landscape planning shall be coordinated with the Shoreline Enhancement Plan improvements during each phase of the proposed Master Plan buildout period. (b) Maximum use shall be made of drought resistant plant species to minimize consumption of irrigation water. (c) Landscape materials shall not include pampas grass. 12 (d) • Landscape design should compliment the San Rafael Shoreline Park area landscape, plant materials and furnishings. (e) Site development and landscape design should ensure flood control, minimize erosion and adverse impacts to existing habitat areas. (f) Landscape designs should enhance the architectural character of buildings and reinforce building form and site circulation patterns. (g) Landscape irrigatibn systems shall be designed to conform with guidelines established by M.M.W.D. for use of reclaimed water. (h) Stormwater control shall be designed in accordance with applicable state and local regulations. 3. General Circulation and Access Guidelines: (a) Site entry patterns should reinforce the location of building entries, or be oriented toward open views, landscape Clusters or architectural features to establish a sense of entry. (b) Special landscape features such as pylons, gateposts, signage, landscaping or special paving should be placed at the entries to major elements of the project. (c) Where appropriate to the use, service access shall be separated from primary vehicular entries and pedestrian oriented areas, by location or attractive screening. 13 013ERKANDER & ASSOCIAit., CIVIL ENGINEERS, INC. EXHIBIT "B" LEGAL DESCRIPTION for REZONING OF 2350 KERNER BLVD. SAN RAFAEL, CA March 9, 2000 Job No. 99-125 All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Beginning at the most easterly corner of Parcel 2, as shown and delineated on that Parcel Map of Lands of Morphew, et al., recorded on June 14, 1983 in Book 21 of Parcel Maps at Page 41 Marin County Records (Recorder's SN 83-08017); thence, along the northeasterly line of said Parcel 2 North 52°27'18" West, 243.40 feet; to the most southerly point on a boundary of Lands of City of San Rafael as described by an instrument recorded July 16, 1986 under Recorder's Serial Number 86-36790; thence, leaving the boundary of said Parcel 2 northeasterly along a boundary of said Lands of City of San Rafael, being a non -tangent curve to the left, the center of which bears North 52127'18" West, having a radius of 60.0 feet, through a central angle of 44°3242", an arc length 46.65 feet; thence, North 7°00'00" West, 56.00 feet; thence, along a tangent curve to the right the center of which bears North 83000'00" East, having a radius of 40.0 feet, through a central angle of 58100100", an arc length of 40.49 feet; thence, North 51°00'00" East, 94.00 feet; thence, along a tangent curve to the left the center of which bears North 39000'00" West, having a radius of 200.0 feet, through a central angle of 17°00'00" an arc length of 59.34 feet; thence, North 34°00'00" East, 53.00 feet; thence, along a tangent curve to the right the center of which bears South 56°00'00"East, having a radius of 100.0 feet, through a central angle of 9100'00" an arc length of 15.71 feet; thence, North 43°00'00" East, 30.00 feet; thence, along a tangent curve to the right the center of which bears South 47°00'00"East, having a radius of 60.0 feet, through a central angle of 47°00'00" an_ arc length of 49.22 feet; thence, North 90°00'00" East, 37.00 feet; thence, along a tangent curve to the left the center of which bears North 00000'00"East, having a radius of 240.0 feet, through a central angle of 14°00'00" an arc length of 58.64 feet; thence, North 76°00'00" East, 76.00 feet; thence, along a tangent curve to the right the center of which bears South 14°00'00"East, having a radius of 60.0 feet, through a central angle of 31°00'00" an arc length of 32.46 feet; thence, South 73°00'00" East, 46.62 feet; thence, leaving boundary of said Lands of San Rafael, and along the southerly boundary of Parcel B as shown and delineated on the "Parcel Map of a Lot Line Consolidation and Resubdivision of Lands of Hanf, Poeschl, & WP Partnership — 30 O.R. 562-564, San Rafael, Marin County, California" recorded December 28, 1984 in Book 22 of Parcel Maps at Page 50, Marin County Records South 73000'00" East, 8.38 feet; thence, C:\JOBS\00—Descr\99125pdp-dc.doc 3y m U CL EXHIBIT "C" 17 y Y h cV <� in m 3p odv)o Yin U —y 00 0-6 O 0�3Ad � u � r` c • co y Y N `lu0 c m E l u u a H Ot d C > a uO= c = O d a z n m �._ 2 •i:N O p— uU ZIL cO -0�ut- C Y=Op C0.ui YL �7:O1�mva Yu (n Cu > O > w j00N�...O 00LO I- muuuY OL (l U) u O—C N U of -6 f L Z baa-U<tn3t��� M, �N 'i V') M, Y N (6 f` 066 cc m ro m N n z m C= m 8 v 1.V0 l3VJVN NVS toS UzDy �> D -- ------ - - E - -- ---- -- - - W =------ Ix �W• k i U a z i _ vo � W F U Gi: WW� V) >~ E a �U 0 O ►� m j w O z 4.Q '.< mO F:�N �WQ m 4u F- J WW Otcrm wzti F—¢a'i d W� Z o N O= < � �3 3 to m U O O N (i' F- V) W Q ~ U LOrn OU rn (n � v LZLLJ S �W II ELIZ Y U Q QZ o LL- �� Q�o3 W (� i o v Dfyt 9� i mdhn Z Of� m> d Z Q gal W 00e= p m� 3 1.V0 l3VJVN NVS toS UzDy �> D -- ------ - - E - -- ---- -- - - W =------ Ix �W• k i U a z i _ vo � W F U Gi: WW� V) >~ E a �U 0 O ►� m j w O z 4.Q '.< mO F:�N �WQ m 4u F- J WW Otcrm wzti F—¢a'i d W� Z o N O= < � �3 3 to m U O O N (i'