HomeMy WebLinkAboutOrdinance 1816 (2350 Kerner; Fasken Property)CLERK'S CERTIFICATE
I, JEANNE M. LEONCM, 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. 1816 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A
DEVELOPMENT AGREEMENT TO ALLOW FOR A THIRTY -
MONTH DELAY IN THE CONSTRUCTION OF A PREVIOUSLY
APPROVED 116,427 -SQUARE -FOOT OFFICE COMPLEX AT
2350 KERNER BOULEVARD (APN: 009-291-10, 32 AND 34 (PTN)
(RE: DA02-001, 2350 KERNER BOULEVARD AND 111
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 1St day of December, 2003, a
SUMMARY of Ordinance No. 1816 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 15th day of December. 2003, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Phillips
NOES: COUNCILMEMBERS: Mayor Boro
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
17th day of December, 2003
A,�1NE M�' .
JE M. LEONCIlNI, City Clerk
ORDINANCE NO. 1816
AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A DEVELOPMENT
AGREEMENT TO ALLOW FOR A THIRTY -MONTH DELAY IN THE CONSTRUCTION
OF A PREVIOUSLY APPROVED 116,427 -SQUARE -FOOT OFFICE COMPLEX AT 2350
KERNER BOULEVARD (APN: 009-291-10, 32 AND 34 (PTN)
(RE: DA02-001, 2350 KERNER BOULEVARD AND 111 MORPHEW STREET; AP NOS.
009-291-10, 31, 32 AND 34[PTN.])
WHEREAS, on March 20, 2000, the City Council adopted a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program (Resolution No. 10613) for the
owner's development of an office complex and CITY Corporation Yard at 2350 Kerner
Boulevard and 111 Morphew Street in San Rafael ("PROJECT" herein); and
WHEREAS, on March 20, 2000, the City Council 1) adopted an ordinance and approved
a resolution (Resolution 10616) which amended the zoning for the site to Planned Development
(PD1750) and 2) approved a Use Permit, Trip Permit, Tentative Parcel Map, and an
Environmental and Design Review Permit for construction of 116,427 -square -foot commercial
office complex, a 32,122 -square -foot corporation yard, and extension of and improvements to the
CITY'S Shoreline Park; and
WHEREAS, on November 4, 2002, on behalf of San Rafael Land Company, LLC, owner
of 2350 Kerner Boulevard, APN Nos. 009-291-10, 009-291-31, 009-291-32, and a portion of
009-291-34 ("PROPERTY" herein), Bruce Jones submitted a Development Agreement
application to the Community Development Department to allow a thirty (30) month delay in
construction of the PROJECT; and
WHEREAS, on October 6, 2003, the application was deemed complete for processing;
and
WHEREAS, California Government Code Sections 65864 — 65869.5 authorizes cities to
enter into binding Development Agreements as therein provided; and
WHEREAS, The San Rafael Land Company, LLC, owner of the subject property, has the
requisite legal interest in the property to enable the City to enter into the Development Agreement
with the CITY; and
WHEREAS, the proposed Development Agreement has been processed in accordance
with the requirements set forth in Resolution No. 6089, which establishes the CITY's rules and
regulations for the consideration of Development Agreements; and
WHEREAS, on October 28, 2003, the San Rafael Planning Commission held a duly -
noticed public hearing to consider a Resolution recommending to the City Council that it adopt
the proposed Development Agreement and, after accepting all oral testimony, written testimony,
and other written material, including the Planning Division's staff report concerning the matter,
the Planning Commission adopted Resolution 03-36 recommending to the City Council that it
adopt the ordinance approving the Development Agreement; and
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WHEREAS, the Community Development Director has given notice of intention to
consider the adoption of the Development Agreement as required by section 202 of CITY
Resolution 6089 and Government Code section 65867; and
WHEREAS, on December 1, 2003, the City Council held a public hearing to consider a
proposed ordinance approving the Development Agreement and considered all oral testimony,
written testimony and other written material including the Planning Division's staff report
concerning the matter; and
WHEREAS, the City Council finds that the proposed Development Agreement is
consistent with the CITY's current General Plan 2000, and is consistent with the adopted Planned
Development (PD 1750) District zoning designation for the PROPERTY; and
WHEREAS, the City Council finds that the proposed Development Agreement will not
substantially change the PROJECT as previously approved, will not have any adverse significant
impact on the environment and accordingly, will not require modifications to the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting program previously adopted in
conjunction with the approval of the PROJECT;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
DIVISION 1. Findings.
The City Council of the City of San Rafael hereby determines and finds that all of the facts and
statements contained in the recitals herein, in the findings of the Planning Commission's
Resolution recommending to the Council adoption of this ordinance and in the recitals of the
Development Agreement, are true and correct.
DIVISION 2. Approval.
The City Council of the City of San Rafael hereby adopts the ordinance approving the
Development Agreement, subject Development Agreement in Exhibit "A" attached hereto and
incorporated herein by reference, between San Rafael Land Company, LLC and the City of San
Rafael concerning the PROJECT planned for the subject PROPERTY and further, the Council
authorizes the Mayor and the City Clerk to execute said Development Agreement on behalf of the
CITY and to take any other actions necessary to complete this transaction.
DIVISION 3. Publication.
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 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.
2
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.
ALBER BOLO, M yor
ATTEST:
JE M. LEONCINI, City Clerk
The foregoing Ordinance No.1816 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on Monday, the 1st day of December, 2003, and was
ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller and Phillips
NOES: Councilmembers: Mayor Boro
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 150' day of December, 2003.
T�LEM. ONCINI, City Clerk
Attachments: Exhibit A (Development Agreement)
DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF SAN RAFAEL AND SAN RAFAEL LAND COMPANY LLC
FOR 2350 KERNER BOULEVARD, SAN RAFAEL
December 1, 2003
Final
December 1, 2003
TABLE OF CONTENTS
Page
RECITALS......................................................................................................................................1
ARTICLEI PROPERTY AND TERM...........................................................................................5
1.1 Property Subject to the Development Agreement..................................................5
1.2 Tenn of Aueement and Effective Date..................................................................5
ARTICLE II REALIZATION OF BENEFITS BY THE CITY,......................................................6
2.1 Additional improvements.......................................................................................6
ARTICLE III DEVELOPMENT OF THE PROPERTY.................................................................7
3.1
Proiect Development...............................................................................................7
3.2
Vested Elements......................................................................................................8
3.3
Development Timing and Restrictions....................................................................9
3.4
Extension of Tentative and Parcel Maps..............................................................12
3.5
Resubdivision........................................................................................................12
3.6
Justifiable Reliance...............................................................................................13
ARTICLE IV OBLIGATIONS OF THE PARTIES.....................................................................13
4.1 Owner....................................................................................................................13
4.2 City.........................................................................................................................13
ARTICLE V DEFAULT, REMEDIES, TERMINATION............................................................14
5.1 Remedies for Breach.............................................................................................14
5.2 Notice of Breach...................................................................................................15
5.3 Effect of Certain Defaults...................................................................................15
5.4 Mediation..............................................................................................................15
5.5 ADDlicable Law/Attornevs' Fees..........................................................................16
ARTICLE VI ANNUAL REVIEW, PERMITTED DELAYS AND
AMENDMENTS...........................................................................................................................16
6.1
Annual Review......................................................................................................16
6.2
Permitted Delays...................................................................................................16
6.3
Extension of Term Due to Moratoria....................................................................17
6.4
Procedures to Amend............................................................................................17
6.5
Life Safetv Matters...............................................................................................18
6.6
Amendments to Development Agreement Statute................................................18
6.7
Amendment of the Existina Approvals.................................................................19
I
Final
December 1, 2003
TABLE OF CONTENTS
(continued)
Page
ARTICLE VII COOPERATION AND IMPLEMENTATION....................................................19
7.1 Processing...........................................................................................................19
7.2 Other Governmental Permits................................................................................20
7.3 Indemnification and Defense of City....................................................................20
ARTICLE VIII TRANSFERS AND ASSIGNMENTS................................................................21
8.1 Right to Assign.....................................................................................................21
8.2 Release Upon Transfer..........................................................................................21
8.3 Covenants Run with the Land...............................................................................22
ARTICLE IX MORTGAGE PROTECTION; CERTAIN RIGHTS OF CURE ...........................23
9.1 Mortgage Protection..............................................................................................23
9.2 Mortgagee Not Obligated.....................................................................................23
9.3 Notice of Default to Mortgagee............................................................................24
ARTICLE X GENERAL PROVISIONS.......................................................................................25
10.1
Proiect is a Private Undertaking...........................................................................25
10.2
Notices, Demands and Communications between the Parties..............................25
10.3
No Joint Venture or Partnership...........................................................................27
10.4
Severability...........................................................................................................27
10.5
Section Headings..................................................................................................27
10.6
Entire Agreement..................................................................................................27
10.7
Estoppel Certificate...............................................................................................28
10.8
Statement of Intention...........................................................................................28
10.9
Consistency with City Ordinance.........................................................................29
10.10
Execution..............................................................................................................29
10.11
Recordation...........................................................................................................29
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Draft 5.0
October 3, 2003
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
SAN RAFAEL AND SAN RAFAEL LAND COMPANY LLC
THIS DEVELOPMENT AGREEMENT (this "Development Agreement") is
made and entered into this 1 st day of December, 2003, by and between the CITY OF SAN
RAFAEL, a municipal corporation organized and existing under the laws of the State of
California (the "City"), and the SAN RAFAEL LAND COMPANY LLC, a California limited
liability company ("Owner").
RECITALS
H. In order to strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic costs of development, the Legislature of the
State of California enacted Section 65864 et seq. of the Government Code (the "Development
Agreement Legislation"), which authorizes the City and an applicant for a development project
to enter into a development agreement, establishing certain development rights in the property,
which is the subject of the development project application.
I. Owner is the owner of approximately 11.97 acres of real property on Kerner
Boulevard in the City of San Rafael, which property (the "Property") is described in the attached
Exhibit A, and shown on the map attached as Exhibit B.
J. Owner desires to develop a multi -phase project (the "Project") on the Property, in
accordance with that certain Master Plan (the "Master Plan") attached as Exhibit C.
K. The City is desirous of encouraging quality economic growth and expanding its
employment base within the City, thereby advancing the interests of its citizens, taken as a
whole. The City has previously determined that an initial element of the Project, the City's
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December 1, 2003
Corporation Yard, is a "needed neighborhood serving use" within the meaning of Circulation
Policy "C-7" of General Plan 2000 (the "General Plan") of the City of San Rafael. Because the
development of the balance of the Project requires a disproportionate amount of p.m. peak hour
trips which may be allocated to the Property in accordance with the General Plan, it is
appropriate for the number of trips to be allocated to the Project under the General Plan to be
determined and maintained during the development period, in order to assure that sufficient p.m.
peak hour trips remain available to permit the orderly and reasonable development of the
remainder of the Property following the development of the City's Corporation Yard.
L. Because of the logistics, magnitude of the expenditure and considerable lead time
prerequisite to developing this Project, Owner must be assured that the Project can proceed
without disruption caused by a change in the City's planning policies and requirements, which
assurance will thereby reduce the actual or perceived risk of planning for and proceeding with
construction of the Project.
M. The City has determined that, by entering into this Development Agreement, the City
is receiving assurances of orderly growth and quality development in the Project area in
accordance with the goals and policies set forth in the General Plan, and the City will receive the
benefits it had anticipated from the owner of the Project.
N. The following development approvals, entitlements, policies and findings have been
adopted by the City and applied to the Project:
1. General Plan Amendment re -designating land use
designation of Light Industrial/Office to Planned Development (PD1750);
2. The "Master Use Permit" (UP 99-26), as approved
by Resolution No. 10616 on March 20, 2000;
3. The "Tentative Parcel Map" (s 00-1), as approved
by Resolution No. 10616 on March 20, 2000;
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December 1, 2003
4. An Environmental and Design Review Permit (ED
99-71), as approved by Resolution No. 10616 on March 20, 2000, and
amended with final landscaping and lighting approval on July 29, 2002;
5. A Trip Permit (TP 00-1), as approved by Resolution
No. 10616 on March 20, 2000;
6. A Mitigated Negative Declaration for the Project,
adopted by Resolution on March 20, 2000; and,
7. The PPP Resolution.
The approvals and development policies described in subparagraphs G(1) through G(7) above
shall be collectively referred to herein as the "Existing Approvals."
H. For the reasons stated herein, among others, the City and Owner have determined that
the Project is a development for which a development agreement is appropriate. This
Development Agreement will in turn eliminate uncertainty in planning for and securing orderly
development of the Property, and otherwise achieve the goals and purposes for which the
Development Agreement Legislation was enacted.
I. The terms and conditions of this Development Agreement have undergone extensive
review by the City staff, its Planning Commission and its City Council at publicly noticed
meetings and have been found to be fair, just and reasonable.
J. The City has given notice of its intention to adopt this Development Agreement,
conducted public hearings thereon pursuant to Government Code Section 65867, and the City
Council hereby finds that: (1) the provisions of this Development Agreement and its purposes
are consistent with the goals, policies, general land use and standards specified in the General
Plan; (2) the proposed development should be encouraged in order to meet important economic,
social, environmental or planning goals of the City; (3) this Development Agreement would
facilitate the development of the Property in the manner proposed; (4) the Owner has made
commitments to a high standard of quality and agreed to development limitations beyond that
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December 1, 2003
required by existing City zoning code; and (5) this Development Agreement complies in all
respects with the City's Resolution No. 6089 of The City of San Rafael Establishing Procedures
and Requirements for the Consideration of Development Agreements Under Government Code
Section 65864-65869.5 (the "Development Agreement Resolution").
K. The City Council has found, among other things, that this Development Agreement:
(i) is consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan and/or neighborhood plan; (ii) is otherwise
consistent with the General Plan and any applicable specific plan and/or neighborhood plan; (iii)
is compatible with the uses authorized in, and the regulations prescribed for, the land use district
in which the real property is located; (iv) is in conformity with public convenience, general
welfare and good land use practice; and, (v) will not be detrimental to the health, safety and
general welfare.
L. The Project, as described in the Vested Elements, was the subject of a Mitigated
Negative Declaration prepared and adopted in accordance with the California Environmental
Quality Act, and the City Council has found that there is no significant change in the Project or
in the environmental setting in which the Project is to be undertaken, nor have any material facts
been ascertained with respect to the Project or its environmental setting since the adoption of the
Mitigated Negative Declaration which would require further study or analysis under the
California Environmental Quality Act. Accordingly, the City Council finds that this
Development Agreement complies with the requirements of the California Environmental
Quality Act.
M. On December 15, 2003, the City adopted its Ordinance No. 1816 approving this
Development Agreement, and such Ordinance became effective on January 14, 2004.
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December 1, 2003
NOW, THEREFORE, the City and Owner agree as follows:
ARTICLE II
PROPERTY AND TERM
2.1 Property Subiect to the Development Agreement. All of the Property shall be subject
to this Development Agreement.
2.2 Term of Agreement and Effective Date. The tern of this Development Agreement
shall commence upon the effective date of the ordinance approving this Development Agreement
(the "Effective Date"), and shall continue in full force and effect until the expiration of this
Development Agreement, as determined in accordance with in Section 2.2(a) (except as
otherwise provided in Section 7.3).
(a) Expiration Date. Except as otherwise provided in Section 7.2 or 7.3, if
construction has not commenced as to all of the buildings on or before the expiration of thirty
(30) months from the date of this Development Agreement (the "Expiration Date"), then this
Development Agreement shall expire as to any buildings as to which construction has not
commenced as of that date. If construction of all of the shell improvements (but not tenant
improvements) of the buildings has not been substantially completed on or before the expiration
of fifty-four (54) months from the date of this Development Agreement, then this Development
Agreement shall also expire, although such expiration shall not otherwise effect any rights which
may then have vested for any reason other than this Development Agreement. For the purposes
of this Section 2.2(a), construction of a building shall be deemed to have commenced upon the
first to occur of. (i) the driving of piles for the foundation of such building has commenced; or,
(ii) the excavation of the foundation of such building has commenced.
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December 1, 2003
ARTICLE III
REALIZATION OF BENEFITS BY THE CITY
3.1 Additional Improvements. Owner shall cause the following additional work to be
performed within the time limitations set forth with respect to each of them:
(a) Owner shall complete street, drainage and utility improvements in accordance
with Oberkamper & Associates drawings entitled, "Improvement Plans -- Morphew Street
Extension" dated March 15, 2002 no later than September 15, 2004. In addition to street
improvements, the scope of work includes improvements on the Corporation Yard site, including
street section, sidewalk, curb and gutter, eight -inch HDPE, and water pipe and hydrant
installation.
(b) Owner shall conduct a bird survey during the 2003 breeding season in the
Bayview Marsh and South Pond to determine if there will be potential impacts to sensitive
species during construction. Prior to landscaping or construction work, a qualified biologist shall
conduct a walk-through survey to make certain that all nestling birds of sensitive species have
completed fledging. If it is determined that there will be such impacts, then noise -intensive
construction activities shall be scheduled to avoid impacts from such noise during nesting
activities.
(c) Owner shall complete landscaping and wetland restoration adjacent to and
north of the City of San Rafael Corporation Yard site depicted as Area 2 on the plan attached as
Exhibit D and in accordance with the approved landscape plans no later than September 15,
2004.
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December 1, 2003
(d) Owner shall install fencing and signage along the shoreline path to restrict
access into the Bayview Marsh side of the public path and seating area no later than May 15,
2004.
(e) Owner shall complete wetland restoration in accordance with the approved
landscape plan north of the property line, as depicted as Area 3 on Exhibit D, no later than
September 15, 2004.
(f) Owner shall improve the portion of the Shoreline Enhancement Zone (i.e.,
Shoreline Path) depicted as Area 4 on Exhibit D, as soon as possible (weather permitting by May
15, 2004, but no later than September 15, 2004). Improvements shall be consistent with the
requirements of the Shoreline Park Master Plan.
(g) Owner shall complete removal of invasive weeds from the Property and the
wetland area no later than September 15, 2004.
(h) Owner shall complete the Ancillary Improvements as referenced in Exhibit E,
by May 15, 2004.
(i) Owner shall maintain the subject properties in a condition free of non-native
vegetation, weeds, stockpiled building materials not approved by the City, and trash for the life
of the Development Agreement.
ARTICLE IV
DEVELOPMENT OF THE PROPERTY
4.1 Proiect Development. Development of the Project will be governed by the Existing
Approvals and this Development Agreement. The City acknowledges that the timing of the
completion of development of the Project is subject to market forces, and Owner shall have no
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December 1, 2003
liability whatsoever if the contemplated development of the Project fails to occur. Except as
otherwise provided in Section 7.2 or 7.3, any extension of the Expiration Date of this
Development Agreement shall, however, require the approval of the City, which may be given or
withheld in its sole discretion.
4.2 Vested Elements. The permitted use of the Property, the p.m. peak hour and other
traffic allocations, the density and intensity of use, floor area ratios, landscape and landscape
buffer requirements, maximum height and size of the proposed buildings, building separation
requirements, building and landscape design, signage, lighting, development phasing, access and
circulation requirements, provisions for reservation or dedication of land for public purposes,
provisions for public improvements, , and other terms and conditions of development applicable
to the Property (including requirements relating to subsequent discretionary actions) are as set
forth in:
(a) The General Plan of the City as of the Effective Date;
(b) The Zoning Ordinance of the City as of the Effective Date;
(c) The Existing Approvals; and
(d) All other development policies, rules and regulations of the City
in effect as of the Effective Date including, but not limited to, the City's subdivision ordinance,
are hereby vested subject to the provisions of this Development Agreement (the "Vested
Elements"). Except for traffic mitigation fees and charges which have been paid in full by
Owner prior to the date of this Development Agreement with respect to the Project, as to which
the amount and requirements for such fees shall be deemed vested and shall not be subject to any
change in the amount or substitution or imposition of similar fees, the Vested Elements shall not
include any other fees and charges, including development impact fees, applicable to Project;
those other fees and charges now or hereafter imposed by the City for any development
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December 1, 2003
entitlement or impact being specifically not vested by this Development Agreement. The
amount and calculation of such other fees and charges shall be in accordance with the
development policies, rules, regulations and procedures in place at the time the Owner or his
agent obtains a building permit. The City is bound with respect to the uses permitted by this
Development Agreement, as set forth in the Existing Approvals. The City hereby agrees that
land uses set forth in the Existing Approvals are approved or will be approved pursuant to the
terms of this Development Agreement, provided that Owner satisfactorily complies with all
preliminary procedures, actions, payments and criteria applicable as of the Effective Date and
generally required of developers by the City for processing applications for developments. The
City agrees to grant and implement the necessary land use, zoning, site plan or subdivision
approvals and to grant other approvals and permits, including, without limitation, any ministerial
approvals, that will accomplish development of the Project for the uses and to the density or
intensity of development described and shown in the Existing Approvals, pursuant to those rules,
regulations and official policies and conditions in force on the Effective Date.
4.3 Develot)ment Timing and Restrictions.
(a) The parties acknowledge that Owner cannot at this time predict when, or the
rate at which, phases of the Property would be developed. Such decisions depend upon
numerous factors which are not all within the control of Owner, such as market orientation and
demand, interest rates, competition and other factors. It is the intent of the City and Owner that,
notwithstanding any future amendment to the General Plan, the Zoning Ordinance or any other
ordinance, policy, plan, rule or procedure of the City or the adoption of any ordinance, policy,
plan, rule or procedure (whether amended or adopted by the Planning Commission, the City
Council or by referendum or initiative) Owner shall have the right to develop the Project in such
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order and at such rate and times as Owner deems appropriate within the exercise of its sole and
subjective business judgment, but subject to the Expiration Date of this Development
Agreement. Such right is consistent with, and necessary to, the purpose and understanding of the
parties to this Development Agreement, and that without such a right, Owner's development of
the Project would be subject to the uncertainties sought to be avoided by the Development
Agreement Statute and this Development Agreement. Build -out of the Project shall not be
limited by any events outside the exclusive control of Owner which are not ascertainable as of
the date of execution of this Development Agreement.
(b) Development of the Property shall be subject to all standards in the General
Plan, the Zoning Ordinance, and other rules, regulations, ordinances and official policies
applicable to such development on the Effective Date, except as otherwise provided herein and
except for fees and charges, including development impact fees, now or hereafter imposed by the
City (other than fees which have been paid in full by Owner prior to the date of this
Development Agreement, as to which the amount and requirements for such fees shall be
deemed vested and shall not be subject to any change in the amount or substitution or imposition
of similar fees). The provisions of this Development Agreement shall supersede any City rule,
regulation, ordinance or official policy which is inconsistent with the terms of this Development
Agreement and the Existing Approvals. Except as otherwise provided in this Section 4.3, to the
extent any changes in the General Plan, the zoning codes or other rules, ordinances, regulations
or policies (whether adopted by means of an ordinance, City Charter amendment, initiative,
resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and
adopted by the Mayor, City Council, Planning Commission or any other Board, Commission or
Department of the City or any office or employee thereof, or by the electorate) are in conflict
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with the Vested Elements or the provisions of this Development Agreement, the Vested
Elements and the provisions of this Development Agreement shall prevail.
(c) If any governmental entity or agency other than the City passes any state or
federal law or regulation after the Effective Date which prevents or precludes compliance with
one or more provisions of this Development Agreement or requires changes in plans, maps or
permits approved by the City, then the provisions of this Development Agreement shall, to the
extent feasible, be modified or suspended as may be necessary to comply with such new law or
regulation. Immediately after enactment of any such new law or regulation, the parties shall
meet and confer in good faith to determine the feasibility of any such modification or suspension
based on the effect such modification or suspension would have on the purposes and intent of
this Development Agreement. In addition, Owner shall have the right to challenge the new law
or regulation preventing compliance with the terms of this Development Agreement, and, to the
extent such challenge is successful, this Development Agreement shall remain unmodified and in
full force and effect. Any such challenge shall be at the sole cost and expense of the Owner and
shall not involve the City in any manner without the City's prior written consent.
(d) Except as otherwise provided in Section 4.2, all applications for City
approvals, permits and entitlements shall be subject to the application and processing fees, taxes
and development impact fees within the control of the City which are applicable to the Project at
the time of the occurrence of the event which causes such fee to be imposed or to become due
and payable (whichever of those times is ordinarily used to determine the amount of a particular
fee or tax), provided that: (i) the provisions of this Section 4.3(d) shall not apply to any fee which
has been paid by Owner and which thereafter increases in amount or for which another similar
fee is substituted or imposed; and, (ii) any such fee or tax shall not be applied to the Property in a
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different manner than to other properties intended for commercial use and located in a portion of
San Rafael which lies east of Highway 101, east of Interstate Highway 580 and south of Bellam
Boulevard.
(e) Codes, ordinances and regulations relating to construction standards or
permits shall apply as of the time of issuance of each applicable construction/building permit.
4.4 Extension of Tentative and Parcel Maps. To the extent allowed by the Subdivision Map
Act (Government Code Sections 66410, et seq.), the terms of the following shall automatically
be extended until, and not beyond, the Expiration Date of this Development Agreement:
(i) Any tentative tract map or vesting tentative map which may be
adopted for the Project;
(ii) Any amendment (or reconfiguration) of any such maps (including
any lot line adjustment or merger of lots within such a map); or
(iii) Any other map relating to a subdivision of any part of the Property
filed prior to the termination of this Development Agreement.
4.5 Resubdivision. Owner shall have the right from time to time to subdivide or reconfigure the
parcels comprising the Property as may be necessary in order to develop a particular phase of
the Property or to lease, mortgage or sell a portion of the Property in connection with
development of it. All such applications shall be made and processed in accordance with the
City's currently applicable procedures and shall be approved so long as the proposed parcel
map, subdivision map or lot split is consistent with the Vested Elements. The parties
acknowledge that any lot or parcel line adjustments that do not result in an increased number
of parcels that are to be improved with structures are an appropriate means to accommodate
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December I, 2003
the needs of potential users and shall not be subject to the imposition of additional
conditions, because the Vested Elements provide for all necessary improvements and
mitigations for the Property in accordance with the requirements of law, as contemplated by
Government Code Section 66428.
4.6 Justifiable Reliance. The City acknowledges that, in investing money and planning effort in
the Project and in undertaking commencement of the Project, Owner will be doing so in
reliance upon the City's covenants contained in this Development Agreement and upon the
enforceability of this Development Agreement, and the City agrees that it will be reasonable
and justifiable for Owner to so rely.
ARTICLE V
OBLIGATIONS OF THE PARTIES
5_1 Owner. In consideration of the City entering into this Development Agreement, Owner has
agreed that development of the Property during the term of this Development Agreement
shall be in conformance with all of the terms, covenants and requirements of this
Development Agreement and the Existing Approvals, as they may each be hereafter amended
with the consent of the City and Owner in accordance with the provisions of Section 7.4.
5_2 City.
(a) City's Good Faith in Proceedinizs. In consideration of Owner entering into this
Development Agreement, the City agrees that it will accept, process and review in good
faith and in the non -nal manner and within the normal time consistent with such
applications, all applications related to the Project for environmental and design review,
Final 13
December 1, 2003
subdivision of the Property, conditional use permits (or amendments thereto), building
permits or other entitlements for use of the Property, in accordance with the terms and
spirit of this Development Agreement.
Additional Approvals. The City shall cooperate with Owner, at no cost to the City, in its
endeavors to obtain any other permits and approvals as may be required from other
governmental or quasi -governmental agencies having jurisdiction over the Project as set
forth in Section 8.2. The cooperation contemplated by this Section (b) shall require the
City to provide necessary requested information and documents and shall not require the
City to actively participate in the application process for such permits.
ARTICLE VI
DEFAULT, REMEDIES, TERMINATION
6.1 Remedies for Breach. The City and Owner acknowledge that the purpose of this
Development Agreement is to carry out the parties' objectives and the local,
regional and state-wide objectives by developing the Project. The City and
Owner agree that, in the event of a breach of this Development Agreement, each
of the parties hereto may pursue any remedy available to it at law or equity
including, but not limited to, the following: (a) specific performance, (b) suits for
declaratory or injunctive relief, (c) suits for mandamus or special writs, or (d)
cancellation of this Development Agreement. All of these remedies shall be
cumulative and not exclusive of one another, and the exercise of any one or more
of these remedies shall not constitute a waiver or election with respect to any
other available remedy.
Final 14
December 1, 2003
6.2 Notice of Breach. Prior to the initiation of any action for relief specified in
Section 6.1 above because of an alleged breach of this Development Agreement,
the party claiming breach shall, within thirty (30) calendar days of the inception
of the alleged breach, deliver to the other party a written notice of breach (a
"Notice of Breach"). The Notice of Breach shall specify with reasonable
particularity the reasons for the allegation of breach and the manner in which the
alleged breach may be satisfactorily cured. If, in the determination of the so-
called breaching party, such event does not constitute a breach of this
Development Agreement, the party to which the Notice of Breach is directed,
within thirty (30) days of receipt of the Notice of Breach, shall deliver to the party
giving the Notice of Breach a notice (a "Compliance Notice") which sets forth
with reasonable particularity the reasons that a breach has not occurred.
6.3 Notice of Defaults. The owner of any portion of the Property shall have the right
to request copies of notices of default given to the owner of any other portion of
the Property. The City and any owners of other portions of the Property to whom
such request has been made shall honor the same and provide such notice in the
manner and to the address specified in the request.
6_4 Mediation. If the matter in connection with any alleged breach is not resolved in
writing within thirty (30) days of the receipt of the Compliance Notice provided
for in Section 6.2, the matter shall be submitted to mediation under procedures
acceptable to both parties, acting in good faith.
Final 15
December 1, 2003
6.5 Applicable Law/Attornevs' Fees. This Development Agreement shall be
construed and enforced in accordance with the laws of the State of California.
Should any legal action be brought by either party because of breach of this
Development Agreement or to enforce any provision of this Development
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and
such other costs as may be found by the court to be appropriate.
ARTICLE 7
ANNUAL REVIEW, PERMITTED DELAYS AND AMENDMENTS
7.1 Annual Review. The annual review required by California Government Code,
Section 65865.1, shall be conducted in accordance with the Compliance Review
procedures in Article 6 of the City's Development Agreement Resolution. This
annual review provision supplements, and does not replace, the provisions of
Section 6.2 above whereby either the City or Owner may, at any time, assert
matters which either party believes have not been undertaken in accordance with
this Development Agreement by delivering a written Notice of Breach and
following the procedures set forth in said Section 6.2.
7.2 Permitted Delays. In the event of changed conditions, changes in state, local or
federal laws or regulations, inclement weather, delays due to strikes, inability to
obtain materials, delays caused by governmental agencies in issuing permits and
approvals, civil commotion, fire, acts of God, or other circumstances which
substantially interfere with carrying out the Project, as the Project has been
approved, or with the ability of either party to perform its obligations under this
Final 16
December 1, 2003
Development Agreement, the parties agree to negotiate in good faith to modify
such obligations to allow the Project to proceed as planned to the extent
practicable.
7.3 Extension of Term Due to Moratoria. In the event of any publicly declared
moratorium or other formal cessation in the issuance of permits, approvals,
agreements to provide utilities or services or other rights or entitlements by any
state, local or federal governmental agency or public utility which applies to the
Project and could postpone the construction of improvements at the Project, the
term of this Development Agreement shall be extended without further act of the
parties by a period equal to the duration of any such moratorium or interruption,
irrespective of whether or not such moratorium or interruption actually had the
effect of postponing construction. Nothing in this Section 7.3 is intended,
however, to confer on the City or any related agency any right to impose any such
moratorium or interruption, except as otherwise expressly provided herein.
7.4 Procedures to Amend. This Development Agreement may be amended or
cancelled in whole or in part, by the mutual consent of the parties hereto or their
successors -in -interest or assigns and in accordance with the provisions of
Government Code Section 65868 and the City's Development Agreement
Resolution. No modification, amendment or other change to this Development
Agreement or any provision hereof shall be effective for any purpose unless
specifically set forth in a writing which refers expressly to this Development
Final 17
December 1, 2003
Agreement and is signed by duly authorized representatives of both parties or
successors.
7.5 Life Safetv Matters. Nothing herein contained shall be deemed to prevent
adoption and application to the Property or to improvements upon the Property of
laws, ordinances, uniform codes, rules or regulations pertaining to or imposing
life -safety, fire protection, mechanical, electrical and/or building integrity
requirements at the time permits for construction of such improvements are
issued.
7.6 Amendments to Development Agreement Statute. This Development Agreement
has been entered into in reliance upon the provisions of the Development
Agreement Statute as those provisions existed at the date of execution of this
Development Agreement. No amendment or addition to those provisions which
would materially affect the interpretation or enforceability of this Development
Agreement shall be applicable to this Development Agreement unless such
application is specifically required by the California State Legislature or
mandated by a court of competent jurisdiction. If such amendment or change is
permissive (as opposed to mandatory), this Development Agreement shall not be
affected by same unless the parties mutually agree in writing to amend this
Development Agreement to permit such applicability. If the parties do not agree
as to whether the statutory amendment is permissive or mandatory, the
amendment will be presumed to apply to the agreement.
Final 18
December 1, 2003
7.7 Amendment of the Existing Approvals. Notwithstanding any provisions in this
Development Agreement, Owner may seek and the City may review and grant, in
accordance with applicable law, amendments or modifications to the Existing
Approvals. However, the issuance of any land use approval or permit (a "New
Approval") upon the application of Owner which approves a change in the term,
permitted uses, density or intensity of use, height or size of buildings, provisions
for reservation and dedication of land, conditions, terms, restrictions and
requirements relating to subsequent discretionary actions, monetary contributions
by the Owner or in any other Vested Element set forth in this Development
Agreement, shall require an amendment to this Development Agreement for such
change to be vested. If this Development Agreement is not so amended, it shall
continue in effect unamended, although Owner shall be entitled to develop the
Property in accordance with the New Approval granted by the City, although the
rights of Owner with respect to such New Approval shall not be vested by this
Development Agreement.
ARTICLE VIII
COOPERATION AND IMPLEMENTATION
8_1 Processing. Upon completion by Owner of all required preliminary actions and
payment of the applicable processing fees, as set forth herein, the City shall
commence and diligently process all required steps necessary for the
implementation of this Development Agreement and development of the Project.
Final 19
December 1, 2003
8.2 Other Governmental Permits. Owner shall apply prior to the expiration of the
term of this Development Agreement for approvals which may be required from
other governmental or quasi -governmental agencies having jurisdiction over the
Project as may be required for the development of, or provision of services to, the
Project. The City shall cooperate with Owner in its endeavors to obtain such
permits and approvals at no cost to the City. The cooperation contemplated by
this Section 8.2 shall require the City to provide necessary requested information
and documents and shall not require the City to actively participate in the
application process for such permits.
8.3 Indemnification and Defense of City. In the event of any legal action instituted
by a third party challenging the validity of any provision of this Development
Agreement, Owner hereby agrees to defend such action on behalf of Owner and
the City at Owner's sole expense and to pay any court costs or attorneys' fees
payable by the City in connection with such action. Owner hereby agrees, at
Owner's sole cost and expense, to defend, indemnify and hold City harmless for
any and all costs, attorney fees, damage awards or expenses of any kind arising in
any manner out of such action. The City may, in its sole discretion, participate in
the defense of such action, but such participation shall not relieve Owner of its
obligations under this Development Agreement.
Final 20
December 1, 2003
ARTICLE IX
TRANSFERS AND ASSIGNMENTS
9_1 Rijzht to Assign. Owner shall have the right to sell, assign or transfer, in whole or
in part, its rights, duties and obligations under this Development Agreement, to
any person or entity at any time during the term of this Development Agreement
with the written consent of the Community Development Director of the City,
which shall not be unreasonably withheld, provided, however, in no event shall
the rights, duties and obligations conferred upon Owner pursuant to this
Development Agreement be at any time so transferred or assigned except through
a transfer of the Property and the assumption by the transferee of the Owner's
duties and obligations under this Development Agreement in so far as such duties
and obligations pertain to the portion of the Property transferred (if less than all of
the Property is so transferred). In the event of a transfer of a portion of the
Property, Owner shall have the right to transfer its rights, duties and obligations
under this Development Agreement which are applicable to the transferred
portion, and to retain all rights, duties and obligations applicable to the retained
portions of the Property.
9.2 Release Upon Transfer. Upon the sale, transfer or assignment of Owner's rights
and interests under this Development Agreement pursuant to Section 9.1, Owner
shall be released from its obligations under this Development Agreement with
respect to that portion of the Property sold, transferred or assigned and any default
or breach with respect to the transferred or assigned rights and/or obligations shall
Final 21
December 1, 2003
not constitute a default or breach with respect to the remaining rights and/or
obligations under this Development Agreement, provided that (a) Owner is not
then in default under this Development Agreement; (b) Owner has provided to the
City notice of such transfer; and (c) the transferee executes and delivers to the
City a written agreement in which (i) the name and address of the transferee is set
forth and (ii) the transferee expressly and unconditionally assumes all of the
obligations of Owner under this Development Agreement with respect to that
portion of the Property sold, transferred or assigned. Failure to deliver a written
assumption agreement hereunder shall not effect the running of any covenants
herein with the land, as provided in Section 9.3 below, nor shall such failure
negate, modify or otherwise affect the liability of any transferee pursuant to the
provisions of this Development Agreement.
9.3 Covenants Run with the Land. All of the provisions, agreements, rights, powers,
standards, terms, covenants and obligations contained in this Development
Agreement shall be binding upon the parties and their respective heirs, successors
(by merger, consolidation, or otherwise) and assigns, devises, administrators,
representatives, lessees, and all of the persons or entities acquiring the Property or
any portion thereof, or any interest therein, whether by operation of law or in any
manner whatsoever, and shall inure to the benefit of the parties and their
respective heirs, successors (by merger, consolidation or otherwise) and assigns.
All of the provisions of this Development Agreement shall be enforceable as
equitable servitudes and constitute covenants running with the land pursuant to
applicable law, including but not limited to, Section 1468 of the Civil Code of the
Final 22
December 1, 2003
State of California. Each covenant to do or to refrain from doing some act on the
Property hereunder, or with respect to any City -owned property, (a) is for the
benefit of such properties and is a burden upon such property; (b) runs with such
properties; and (c) is binding upon each party and each successive owner during
its ownership of such properties or any portion thereof, and each person or entity
having any interest therein derived in any manner through any owner of such
properties, or any portion thereof, and shall benefit each property hereunder, and
each other person or entity succeeding to an interest in such properties.
ARTICLE X
MORTGAGE PROTECTION; CERTAIN RIGHTS OF CURE
10.1 Mortgage Protection. This Development Agreement shall be superior and senior
to any lien placed upon the Property or any portion thereof after the date of
recording this Development Agreement, including the lien of any deed of trust or
mortgage (a "Mortgage"). Notwithstanding the foregoing, no breach hereof shall
defeat, render invalid, diminish or impair the lien of any Mortgage made in good
faith and for value, but all of the terms and conditions contained in this
Development Agreement shall be binding upon and effective against any person
or entity, including any deed of trust beneficiary or mortgagee (a "Mortgagee")
who acquires title to the Property, or any portion thereof, by foreclosure, trustee's
sale, deed in lieu of foreclosure, or otherwise.
10.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 10.1
above, no Mortgagee shall have any obligation or duty under this Development
Final 23
December 1, 2003
Agreement to construct or complete the construction of improvements, or to
guarantee such construction or completion; provided, however, that a Mortgagee
shall not be entitled to devote the Property to any uses or to construct any
improvements thereon other than those uses or improvements provided for or
authorized by this Development Agreement, or otherwise under the Existing
Approvals.
10.3 Notice of Default to Mortgagee. If the City receives a notice from a Mortgagee
requesting a copy of any notice of default given Owner hereunder and specifying
the address for service thereof, then the City shall deliver to such Mortgagee at
the address given by such Mortgagee, concurrently with service thereon to
Owner, any Notice of Breach given to Owner with respect to any claim by the
City that Owner has committed an event of default, and if the City makes a
determination of noncompliance hereunder, the City shall likewise serve notice
of such noncompliance on such Mortgagee concurrently with service thereon on
Owner. Each Mortgagee shall have the right during the same period available to
Owner to cure or remedy, or to commence to cure or remedy, the event of default
claimed or the areas of noncompliance set forth in the City's Notice of Breach.
City's obligation under this Section 10.3 shall not arise nor shall it continue
unless and until Owner or the Mortgagee has provided (and, upon any chance of
name, address or telephone number, continued to provide) City the current name,
address and telephone number of the Mortgagee. Such notice shall be given in
accordance with the notice provision of the Agreement.
Final 24
December 1, 2003
ARTICLE XI
GENERAL PROVISIONS
11.1 Protect is a Private Undertaking. It is specifically understood and agreed by the
parties that the development contemplated by this Development Agreement is a
private development, that the City has no interest in or responsibility for or duty to
third persons concerning any of said improvements other than the Corporation Yard,
and that Owner shall have full power over the exclusive control of the Property herein
described subject only to the limitations and obligations of Owner under this
Development Agreement. Owner hereby agrees to indemnify, defend and hold the
City and its elected and appointed representatives, officers, agents and employees
harmless from any liability for damage or claims for damage for personal injury,
including death, as well as from claims for property damage which may arise from
Owner's operations under this Development Agreement, excepting suits and actions
brought by Owner for default of this Development Agreement by the City or arising
from the sole negligence or willful misconduct of the City or its elected and appointed
representatives, officers, agents and employees. Owner shall be obligated under this
Section 0 to defend, save and/or hold the City harmless from any and all claims, costs
and liability for any damage, personal injury or death, which may arise, directly or
indirectly, from Owner or Owner's contractors, subcontractors, agents or employees'
operation in connection with any improvements constructed to the City's standards.
11.2 Notices, Demands and Communications between the Parties. Formal written
notices, demands, correspondence and communications between the City and
Final 25
December 1, 2003
Owner will be sufficiently given if dispatched by first-class mail, postage
prepaid, to the offices of the City and Owner indicated below. Such written
notices, demands, correspondence and communications may be sent in the same
manner to such persons and addresses as either party may from time -to -time
designated by mail as provided in this section:
City: Community Development Department
City of San Rafael
1400 Fifth Avenue
Post Office Box 151560
San Rafael, California 94915-1560
Attn: Robert Brown,
Community Development Director
with copy to: Office of the City Attorney
City of San Rafael
1400 Fifth Avenue
Post Office Box 151560
San Rafael, California 94915-1560
Attn: Gary T. Ragghianti,
City Attorney
Owner: San Rafael Land Company LLC
C/o Norbert J. Dickman
100 Larkspur Landing, Suite 116
Larkspur, California 94939
with copies to: Mr. Bruce W. Jones
GateCapital Properties
Suite 2900
Two Embarcadero Center
San Francisco, California 94111
with a copy to: Jay L. Paxton
Ellman, Burke, Hoffman & Johnson
One Ecker Building, Suite 200
San Francisco, California 94105
Notices delivered by deposit in the United States mail as provided above shall be deemed to have
been served 48 hours after the date of deposit. Copies of notices to Owner shall also be sent to
Final 26
December 1, 2003
other parties owning a portion of the Property who request to receive copies of such notice in
accordance with the provisions of Section 6.3.
11.3 No Joint Venture or Partnership. Nothing contained in this Development
Agreement or in any document executed in connection with this Development
Agreement shall be construed as making the City and Owner joint venturers or
partners.
11.4 Severabilitv. Except as otherwise provided herein, if any provision(s) of this
Development Agreement is (are) held invalid, the remainder of this Development
Agreement shall not be affected and shall remain in full force and effect unless
amended or modified by mutual consent of the parties.
11.5 Section Headings. Article and section headings in this Development Agreement
are for convenience only and are not intended to be used in interpreting or
construing the terms, covenants or conditions of this Development Agreement.
11.6 Entire Agreement. This Development Agreement is executed in four (4)
duplicate originals, each of which is deemed to be an original. This Development
Agreement consists of forty-nine (49) pages, including the Recitals and five (5)
exhibits, attached hereto and incorporated by reference herein, which constitute
the entire understanding and agreement of the parties. The exhibits are as
follows:
Final 27
December 1, 2003
Exhibit A Legal Description of Property
Exhibit B Map of Property
Exhibit C Master Plan
Exhibit D Plan of Improvements
Exhibit E Ancillary Improvements
11.7 Estoppel Certificate. Either party may, at any time, and from time to time,
deliver written notice to the other party requesting such party to certify in writing
that, to the knowledge of the certifying party, (a) this Development Agreement is
in full force and effect and a binding obligation of the parties; (b) this
Development Agreement has not been amended or modified orally or in writing,
and if so amended, identifying the amendments; and (c) the requesting party is
not in default in the performance of its obligations under this Development
Agreement, or if in default, to describe therein the nature and amount of any such
defaults. The party receiving a request hereunder shall execute and return such
certificate or give a written, detailed response explaining why it will not do so
within twenty (20) days following the receipt thereof. Either the City Manager or
the Community Development Director of the City shall have the right to execute
any certificate requested by Owner hereunder. The City acknowledges that a
certificate hereunder may be relied upon by transferees and Mortgagees.
11.8 Statement of Intention. Because the California Supreme Court held in Pardee
Construction Co. v. Citv of Camarillo, 37 Cal.3d 465 (1984), that the failure of
the parties therein to provide for the timing of development resulted in a later
adopted initiative restricting the timing of development and controlling the
Final 28
December 1, 2003
parties' agreement, it is the intent of the City and Owner to hereby acknowledge
and provide for the right of Owner to develop the Project in such order and at
such rate and times as Owner deems appropriate within the exercise of its sole
and subjective business judgment. The City acknowledges that such a right is
consistent with the intent, purpose and understanding of the parties to this
Development Agreement, and that without such a right, Owner's development of
the Project would be subject to the uncertainties sought to be avoided by the
Development Agreement Statute and this Development Agreement.
11.9 Consistencv with Citv Ordinance. The City warrants that each and every
provision of this Development Agreement is consistent with, and not in conflict
with, the City's Development Agreement Resolution.
11.10 Execution. This Development Agreement was approved by the City
Council of the City by way of Ordinance No. 1816 , which was finally
adopted on December 15, 2003 and became effective thirty (30) days thereafter,
and was duly executed by the parties as of January 14, 2004.
11.11 Recordation. Within ten (10) days after the Effective Date of this
Development Agreement, the City Clerk shall have this Development Agreement
recorded with the Marin County Recorder. If the parties to this Development
Agreement or their successors in interest amend or cancel this Development
Agreement as hereinabove provided, or if the City terminates or modifies this
Development Agreement as hereinabove provided, the City Clerk shall have
notice of such action recorded with the Marin County Recorder.
Final 29
December 1, 2003
4.
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 bd 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 flan maybe aliplied I'M by the fee owner of the
parcel directly aflectcd by the proposed amendment, and no consent of the fee owners ol'
the other parcels then subject to this Development Plan shall be required in connection
with such an amendment.
II. 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 .37, measured
including the area of Parcel D, or .46, measured on the area
of Parcel B only.
B. . Trip Allocations and Trip Generation Rates
The number of -P.M. Peak Hour Trips for the property is 3H),
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.
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6
6
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
determined to be appropriate by the Director of Community
Development.
6.. Until the construction 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 116,427 square feet.
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mor that o not ..�, spPr_
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.I(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).
2. Exceptions permitted within building setbacks. described in
Paragraph II.E.I :
(a) Roof overhangs may extend a maximum of I0 feet. -
(b) Steps, ramps, walkways.
(c) Paving, curbing and parking.
(d) Fences used for screening of loading and storage arcus,
equipment, trash enclosures and other like elements
required for functional use of the property shall be no
higher than 10 feet along any public night -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 lipes. 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.
8
(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
D ---I t--end-4h- / LZjt—. -A Foal Wal sa6veen
Parcel C and Parcel B.
F. Building Height and Separation:
Building height shall not exceed 36 feet when measured ill
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.
G. Off -Street Parking and Loading:
1. 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,
9
144 compact car spaces, and ten spaces for parking by disabled
drivers. An area for the parking of bicycles shall also be provided.
r11 tdert-fortitc-1'tsase
7 ala�lala��l
co kA..5 Ly Jlisabiud-diijvicis.
3 4' Parking dimensions shall be as required by in Chapter 14.18 of the
Zoning Ordinance, subject to modifications approved by (lie
Director of Community Development.
H. Landscaping Standards:
1. Landscaping design concepts and planting paleites 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
I
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:
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 (lie 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 H.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:
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), H.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 through 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 harmony 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
if.
(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 irrigation 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
GENERAL NOTES
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PLANNING
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EXHIBIT D
Plan of Improvements
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EXHIBIT D
Plan of Improvements
EXHIBIT D
Plan of Improvements
OWNER:
SAN RAFAEL LAND COMPANY LLC, a
California limited liability company
Norbert J. Dickman, Trustee
Robert Dickson, Trustee
CITY:
CITY OF SAN RAFAEL, a municipal corporation
IM
Albert J. Boro, Mayor
Attest:
Jeanne M. Leoncini, City Clerk
APPROVED AS TO FORM:
an
Gary T. Ragghianti, City Attorney
Final 30
December 1, 2003
OBERKAWER & ASSOClAT6 ,
CML ENGDZERS. INC -
EXHIBIT A
Legal Description of Property
1'-cL 9.2000
lob 1'1-. 99-125
All that certain real property situate in the City of San Rafael, County of Marin, State of
California, des«-ibed as follows:
Beginning at the most eastedy comer of Parcel 2, as shown and delineated on that Parcel
Map of lands of Morphew, et at, recorded on June 14, 1983 in Book 21 of Parcel Maps at
Page 41 Marin County Records (Recorder's SN 83-08017); then c, 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 Parol
2 northeasterly along a boundary of said Lands of City of San Rafael, being a non4angent
curve.to the left; the center of which bears North 52'27'18" West, having a radius of 60.0
feet, through a 6entral angle of 44*3242", an arc length - 46.65 feet; - theace, Nath 7'00'00"
West, 56.00 feet; -thence, along a tangent curve to the right the center of which bears North
8300'00" East, having a radius of 40.0 feet, tfprough a central angle of 58°00'00", an arc
-length of 40.49 feet; thence, .North 51 °00'00" East, 94.00 feet; thence, along a tangent curve
to the kft -the = center of which bears North 3 9000'W" Wes#, having a radms -of 200.0 feet,
through a central angle of 17°00'00" an arc length of 5934 feet; - thence, North 34°00'00"
East; 53.00 feet; therheey along tt tangent -curve to the right the crueler of which bears South
56°'00'00"Bast, having it radius of 100.0 feet, through a central angle- of 9°00'00"- an arc
length of 15.71 feet;- thence, North 43°00'00" East, 30.00 feet; then c� along a tangent curve
to- the=- iigU the ceder of which bears South 47°00`00"East, having a radius of 60.0 feet,
through -a central angle of 47°00'00` •anahrc length of 49.22 feet; thenM North 90°00'60"
East,-37-00-fcet; thaxx, along a tangent curve to the left the crater of which bears North
00°00`00"East, having a radius of 240.0 feet, through a canthal angle of 14°04"00" an arc
lerlgth of 58.64 feet; theme: North -76000'00" East, 76.00 feet; then ce along a tangent curve
to the tight the center of which bears South)4°00'00"East, having a radius of 60:0 feet,
through a c 6itral 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 HanC Porsche, k WP Partnership 30 O.R_
562-564, San Rafael, Maria County; -California" recorded 28, 1984 in Book 22 of
Parcel Maps lei- Page 50, Marin County Records South 73°00'00" East, 8.38 feet; thence,
excepting there from "Parcel C" -as shown on Exhibit B (Map of Property).
EXHIBIT A
Legal Description of Property
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EXHIBIT B
"', Map of Property
EXHIBIT C
Master Plan
DEVELOPMENT PLAN FOR 2350 KERNER BOULEVARD
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EXHIBIT C
Master Plan
DEVELOPMENT PLAN FOR DEVELOPMENT OF
CITY CORPORATION YARD, OFFICE AND COMMERCIAL PROJECT
2350 Kerner Boulevard, San Rafael, California
January 29, 2000
General Description of the Development.
Incorporation of "Site Plan /Master Development Plan"
The "Site Plan / Master Development Plan" (the "Site Plan") prepared by Hannum
Associates, as revised on January 24, 2000, is incorporated in this Development Plan as
an integral part.
Description of the Site
fU••�
The project site contains H-.97- acres and is located at 2350 Kerner Boulevard at the
intersection ofMorphew 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 toZ a developed with buildings and other improvements for office and
related uses on 8-9 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.
T9.re�
A parcel map (the "Parcel Map") is to divide the land to be developed into fear separate
parcels.
Development in Phases
The office component . 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
W IIID DGVCIUPI„en1 Tian 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."
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 determined 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 L[1-17
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 off -ice 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 Parka (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 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 -N-=,, ww:ai of p:a
lesSe�4ll„V ULK aj tui U W 1101 may deternfine).
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 parkin
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.
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Phase I and -H Buildings 1, 2, and-Ishall 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.
se.IL
UntH-t ruction Hj theproperty
used--es-a liCii;u:t ;L'subjeat'to the L,:Ieh US
City"tTfi' agli L :. tv►as`, iY`;rpeseS'
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
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 truck parking areas.
• Fueling station (including a covered above -ground 5,000 gallon fuel lank).
• 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 15 -foul
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 hmil.'
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 Yazd 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. A.,eess4e-
iuf--
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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.
A�et#rcry6-parl.;��,�; _�st�,a..� z4,all L,, t,,.Yided-for-4hc I'l:a��, 13YLi� � Lu:1.1;�,s, '..a s
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4
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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 truck 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 file City's
,Shoreline Enhancement Plan and dedicate it to the City for a 1.4 -acre (60,703' 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
comer of the Phase 1 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 mvI4+a9e--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
July 8, 2003
Robert M_ Brown
Community Development Agreement
P.O. Box 151560
San Rafael, CA 94915-1560
Re: 2350 Kerner Blvd.
San Rafael, CA
Dear Mr_ Brown: _
Outlined below is a summary of ancillary improvements that will be completed in
conjunction with the completion of the eight -foot -wide bike path, three -foot -wide running
path and relocation of the construction fence along the bay edge at 2350 Kerner Blvd.
1. Removal of all non-native weeds and vegetation between the relocated fence and
the bay edge.
2. Removal of all trash.
3. Hydro -seed the dirt areas between the construction fence and rock rip -rap.
4. Install a portion of the four -foot fence shown on the permit documents that extends
from the culverts north of the property to the relocated construction fence. The exact
location of the fence is to be approved be the City.
5. Install all necessary conduits under bike path for future irrigation.
6. Work with the City to provide temporary pedestrian access from Kerner Blvd. or
Piombo Circle to the bike path.
Please let me know if there are any questions.
Sincerely,
Bruce W. Jones
EXHIBIT E
Ancillary Improvements