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HomeMy WebLinkAboutOrdinance 1910 (Bayview Business Park Rezoning)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing: ORDINANCE NO. 1910 ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT DISTRICT (PD1675) TO REVISED PD DISTRICT (ZC12-001) AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY AMENDING CERTAIN REAL PROPERTY FROM PD1675 TO REVISED PD AMENDING THE TEXT OF THE BAYVIEW BUSINESS PARK MASTER PLAN 22-150 PELICAN WAY, 2505-2597 KERNER BOULEVARD AND 85- 101 GLACIER WAY (APN 009-291-15, 16, 22, 23, 38, 39, 42, 54, 55, 56, 57, 69 & 70 ZC 12-001) 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 6`h day of May, 2013; a SUMMARY of Ordinance No. 1910 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 201h day of May, 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Councilmember McCullough WITNESS my hand and the official Seal of the City of San Rafael this 28th day of May, 2013 ESTHER C. BEIRNE City Clerk .y11u iu I:l:�•ZI)Zi];7i]i►1I��7�i�L3[i] AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT DISTRICT (PD1675) TO REVISED PD DISTRICT (ZC 12-001) AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14— ZONING, SPECIFICALLY AMENDING TIE TEXT OF THE BAYVIEW BUSINESS PARK MASTER PLAN. RE: ZC12-001, 22-150 PELICAN WAY, 2505-2597 KERNER BOULEVARD AND 85-101 GLACIER WAY; AP NOS. 009-291-15,16,22,23,38,39,42,54,55,56,57,69&70 This Summary concerns a proposed ordinance of the City Council of the City of San Rafael, designated as Ordinance No 1910 that will amend the City of San Rafael Zoning Map, adopted by reference in section 14.01.020 of the San Rafael Municipal Code, as detailed in the complete text and accompanying map of Ordinance No. 1910. Ordinance No. 1910 was introduced at a public hearing by the City Council on May 6, 2013, and is scheduled for adoption by the San Rafael City Council at its regular meeting of May 20, 2013. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1). SUMMARY OF AMENDMENT TO MUNICIPAL CODE The Ordinance amends the Zoning Map of the City of San Rafael to reclassify certain property located at 22-150 Pelican Way, 2505-2597 Kerner Boulevard, and 85-101 Glacier Way, San Rafael (APN's: 009-291-15, 16, 22, 23, 38, 39, 42, 54, 55, 56, 57, 69 & 70), as more particularly described in the Ordinance, amending the existing Planned Development (PD 1675) District zoning standards in order to allow a revised mix of office and light industrial development totaling 224,530 square feet in gross building area in 7 buildings on 12.9 acres, which reflects the built -out conditions of the site, and to eliminate an outdated trip generation development standard, and continue to allow the business park development subject to parking standards and a master use permit. For a copy of the complete text of Ordinance No. 1910, please contact the City Clerk at (415) 485-3066 or the Planning Department at (415) 485-3085. Copies of Ordinance No. 1910 are also available for public review at the San Rafael Planning Division 1400 Fifth Avenue, 3`d Floor, or City Clerk's Office, 1400 Fifth Avenue, 2nd Floor, Room 209 during regular business hours, 8:30 a.m. to 5:00 p.m. ESTHER C. BEIRNE San Rafael City Clerk Dated: May 15, 2013 ORDINANCE NO. 1910 AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT DISTRICT (PD 1675) TO REVISED PD DISTRICT (ZC12-001) AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY AMENDING CERTAIN REAL PROPERTY FROM PD1675 TO REVISED PD AMENDING THE TEXT OF THE BAYVIEW BUSINESS PARK MASTER PLAN 22-150 PELICAN WAY, 2505-2597 KERNER BOULEVARD AND 85-101 GLACIER WAY (APN 009-291-15,16,22,23,38,39,42,54,55,56,57,69&70 (ZC 12-001) WHEREAS, on January 16, 1984, the Bayview Business Park Master Plan was originally approved (file number Z82-16) by adoption of Ordinance 1474, before the City had adopted floor area ratio and traffic trip generation rate policies, which granted development for a mitigated site plan dated September 16, 1983 for 11 buildings with 104,730 square feet of office use and 140,192 square feet of light industrial use (to include 104,192 square feet of general light industrial and 36,000 square feet of research and development use) for a total of 244,922 square feet, with development standards addressing parking, circulation, trip management, design and other requirements; and WHEREAS, on March 20, 1995, the Bayview Business Park Master Plan was amended (file number Z94-6) by adoption of Ordinance 1675, to establish maximum building sizes within 7 buildings, including 134,900 square feet of light industrial uses and 104,000 square feet of office uses for a maximum total of 238,900 square feet, consistent with the Master Use Permit UP82-65(c) and adoption of trip generation rates allowing a maximum of 442 vehicle trips associated with the development, consistent with the applicable General Plan 2000 policies; and WHEREAS, October 19, 2012, Bayview Business Park Owners filed zoning and use permit applications (ZC 12-001 & UP 12-040) to amend the existing Bayview Business Park Master Plan, Planned Development District PD 1675 text to update the ordinance consistent with current General Plan 2020 and San Rafael Municipal Code zoning provisions by deleting an out -dated Trip Generation development standard, and to concurrently amend the Master Use Permit UP82-65(c) conditions of approval to reflect the updated standards and the built -out conditions of the complex; and WHEREAS, by adoption of a separate resolution, the San Rafael Planning Commission has recommended that the City Council adopt the negative declaration prepared for the current Bayview Business Park Master Plan Amendment Project as the CEQA environmental document for the project; and WHEREAS, on March 26, 2012, the Planning Commission held a duly -noticed public hearing on the proposed amendments to the San Rafael Municipal Code, Title 14, accepting all public testimony and the written report of the Department of Community Development, and recommended to the City Council the approval of the amendments; and WHEREAS, on May 6, 2013, the San Rafael City Council held a duly -noticed public hearing on the proposed Rezoning, as required by State law, accepting all oral and written public testimony and the written report of the Community Development Department staff reports relevant to the proposal; and WHEREAS, the City Council by separate resolution has adopted the Negative Declaration for the Bayview Business Park Master Plan amendment project; and WHEREAS, the Community Development Department of the City of San Rafael is the custodian of documents which constitute the record of proceedings upon which this decision is based. 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 and findings of the Planning Commission Resolution 13-05 recommending to the Council adoption of this ordinance, are true and correct. DIVISION 2. Approval. The City Council of the City of San Rafael hereby adopts the ordinance approving the Bayview Business Park Master Plan development standards and property `Legal Description' as presented in Attachments "A" through "C" attached hereto and incorporated herein by reference. 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. 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. 2 MARY 0.\PHILLIPS, Mayor ATTEST: l - 1= - +E-ee 211-4 ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1910 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 6`h day of May, 2013, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, Heller & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: McCullough 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 20th day of May, 2013. "!L-s73�e� c. 7 Ric c _ ESTHER C. BEIRNE, City Clerk 3 EXHIBIT "A" BAYVIEW BUSINESS PARK MASTER PLAN INTENT The Bayview Business Park Master Plan is based on the plans presented and approved for the Master Use Permit UP82-65(b) and Master Environmental and Design Review Permit, ED85-54 which were approved by the City Council on December 16, 1985. The Master Plan has been developed to reflect the amended Master Use Permit (UP 82-65(c)) and Master Design Review Permit (ED85-54) and incorporate the entitlements approved with the original Planned Development District, PD (1474). The Master Plan has been further revised through ZC12-001 to reflect the built out condition and eliminate antiquated trip generation development standards and monitoring requirements contained in the prior amendment to the Planned Development District, PD (1675) as adopted by the City Council on March 20, 1995. The amended Master Plan PD shall continue to be implemented through an updated Master Use Permit approval granted for use and occupancy of the entire Bayview Business Park complex. The Bayview Business Park shall be managed and considered as whole irrespective of subdivision of the property into a commercial condominium complex. The condominium business park shall managed by a common owners association. LAND USES Uses permitted in Bayview Business Park include a mix of light industrial and office uses for a maximum total of 224,530 gross square feet of building area. The mix of uses allowed for each building shall be implemented through a Master Use Permit. Office uses may occupy a maximum of 124,945 gross square feet of the total allowable building area. The remaining 99,585 gross square feet of the allowable building area shall be used for Light iIndustrial uses; which may include research and development facilities (up to a maximum of 36,000 gross square feet), warehousing, wholesale distribution and other uses of similar nature as determined by the Planning Director. Incidental employee serving retail and services uses and retail uses supportive of and related to industrial uses may be permitted, consistent with the applicable maximum building floor area and parking standards established in this Master Plan. DEVELOPMENT STANDARDS The following development standards shall apply to all development of the Bayview Business Park. Setbacks: Building setbacks shall be consistent with the Master Site Plan (e.g., Development Plan) approved with the Master Environmental and Design Review Permit ED85-54. 4 Height: Maximum height 36' Maximum Building Size (square feet): Building A - 31,595 Building B - 28,135 Building C - 19,900 Building E - 28,350 Building F - 36,000 Building G - 29,450 Building H - 51,100 Total 224,530 Landscaping: Landscaping shall be consistent with the approved Environmental and Design Review Permit (ED85-54), and any subsequent amendments. Parking: Parking shall be provided in accordance with the approved Master Design Review Permit (ED85-54) or the requirements of Chapter 14.18 of the City's zoning ordinance (Parking Standards) should an amendment to the Master Design Review Permit be requested. Parking requirements approved for Bayview Business Park are as follows: • 3.3 parking spaces/1,000 gross square feet of Office space • 2 parking spaces/1,000 gross square feet of Light Industrial space • Ancillary use parking shall be provided using the Chapter 14.18 parking table, or as otherwise determined through grant of a use permit or parking modification • Adjustments to parking rates may be considered by use permit consistent with the provisions of Chapter 14.18 (Parking Standards) DESIGN STANDARDS All buildings shall be consistent with the Project Design standards contained in the conditions of approval for the Master Environmental and Design Review Permit (ED85- 54), and any subsequent amendments. EXHIBIT "B" Legal Description Situated in the State of California, County of Marin, City of San Rafael and described as follows: BEGINNING at the most Westerly corner of the property described as "Parcel Two" in the Deed from Marin Canalways and Development Company, a corporation to Marin Development Company, a limited partnership, recorded March 26, 1956 in Volume 1016 of Official Records, at page 24, Marin County Records, being the intersection of the two courses "North 38° 32' 42" West 360.71 feet and North 51° 27' 18" East 210.0 feet" in said Deed; running thence on meridian of said "Parcel Two", North 38° 32' 42" West 266.67 feet; thence North 51' 27' 18" East 1865 feet; thence Southeasterly in a direct line for a distance of 906 feet, more or less, to a point on the Easterly line of Tide Land Lot 9 in Section 12, T 1 N, R 6 W, M.D.M., distant North 1° 17' 18" East 2007.28 feet (measured along the Easterly lines of Tide Land Lots 25, 24 and 9 in said Section 12) from the Northeast corner of the property described in the Deed from Marin Canalways and Development Company to the State of California, recorded September 25, 1957 in Volume 1143, Official Records, at page 185, Marin County Records; thence Southerly along the Easterly lines of said Tide Land Lots 9 and 24 for a distance of 506.28 feet, more or less, to the Northeast corner of the property described in "Parcel One" in the Deed from Marin Canalways and Development Company, a corporation to Equitable Development Company recorded in Volume 1160, Official Records; at page 382, Marin County Records; thence along the Northerly lines of said "Parcel One", North 88° 42' 42" West 660.0 feet to the Easterly line of Tide Land Lot 17 in Section 11; thence along said Easterly line North 1° 17' 18" East 138.0 feet; thence leaving said last mentioned line, North 51' 14' West 288.0 feet, more or less, to the most Northerly corner of said "Parcel One"; thence along the Northwesterly line of said parcel, South 380 46' West 1048.0 feet, more or less, to the true point of beginning of said "Parcel One", being a point on the Northeasterly line of "Parcel Two" in the Deed recorded in Volume 1016, Official Records, at page 24, Marin County Records, hereinabove referred to; thence Northwesterly along the Northeasterly line of said "Parcel Two", for a distance of 460.0 feet, more or less, to the most Northerly corner thereof; thence along the Northwesterly line of said parcel, South 510 27' 18" West 210.0 feet to the point of beginning. EXCEPTING THEREFROM any portion thereof lying within the boundaries of California State Highway. AND EXCEPTING THEREFROM all that portion conveyed to the Nature Conservancy, a non-profit District of Columbia corporation by deed recorded December 30, 1969, Book 2347, Official Records, page 512, Marin County Records. 6 EXHIBIT "Cl Bayview Business Park — Site Plan - . • '_ DA 7 North