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Home My WebLink AboutOrdinance 1847 (Shamrock Center)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1847 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE DEVELOPMENT STANDARDS FOR THE "SHAMROCK CENTER" PLANNED DEVELOPMENT (PD 1715), ADDING PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN THE GENERAL COMMERCIAL (GC) ZONE AS USES ALLOWED WITHIN THE PLANNED DEVELOPMENT, ON PROPERTY LOCATED AT 647-655 IRWIN STREET (APNS: 013-032-01, 013-032-02, 013-032-04, 013-032-05, 013-032-06, 013-021-38)" 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 18th day of December. 2006, a SUMMARY of Ordinance No. 1847 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 16th day of Januarv. 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 17th day of January, 2007 JEANNE M. LEONCINI, City Clerk ORDINANCE NO. 1847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE DEVELOPMENT STANDARDS FOR THE "SHAMROCK CENTER" PLANNED DEVELOPMENT (PD 1715), ADDING PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN THE GENERAL COMMERCIAL (GC) ZONE AS USES ALLOWED WITHIN THE PLANNED DEVELOPMENT, ON PROPERTY LOCATED AT 647-655 IRWIN STREET (APNs: 013-032-01, 013-032-02, 013-032-04, 013-032-05, 013-032-06, 013-021-38) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, on September 1, 2006, an application was received by the Community Development Department requesting approval of a zone change from Planned Development (PD 1715) to General Commercial (GC), on property located at 647-655 Irwin Street; and WHEREAS, on October 11, 2006, the application for a zone change (ZC06-005) was deemed complete for processing; and WHEREAS, upon review of the application, staff determined that the application was exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), Review (of projects) for Exemption, in that the proposed zone change replaces the existing Planned Development (PD) zone with a General Commercial (GC) zone, consistent with San Rafael General Plan 2020, and will result in no material changes to the property. Future projects pursued under the proposed GC zoning will be individually evaluated pursuant to CEQA; and WHEREAS, on November 14, 2006, the San Rafael Planning Commission conducted a duly -noticed public hearing regarding the proposed zone change, accepting all oral and written testimony and the written report of the Community Development Department staff and on a 6-0 vote recommended to the City Council, approval of an amendment to the Planned Development Standards for "Shamrock Center" (PD 1715), revising Section 3 of the District's standards regarding "Uses" to allow all permitted and conditionally permitted uses within the General Commercial (GC) Zone, as amended from time -to -time by the City, subject to approval procedures specified in the Zoning Ordinance for each type of use allowed; and WHEREAS, on December 18, 2006, the City Council held a duly -noticed public hearing on the proposed zone change, accepted all oral and written public testimony, the recommendation of the Planning Commission regarding the proposal and the written report of the Community Development Department staff; and WHEREAS, the City Council, as required under Zoning Ordinance Section 14.27.060, finds that: 1) the recommended amendment to the Shamrock Center Planned Development District is consistent with the General Commercial land -use designation placed upon the property by the City of San Rafael General Plan 2020 Land Use Map; and 2) adoption of the amendment recommended by the Planning Commission will serve the public health, safety and welfare in that regulation of land -use on the Shamrock Center property pursuant to the GC zoning standards will promote continued viability of the commercial usage of the property which will contribute to the City of San Rafael's tax base. SAL n THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER ORDAIN AS FOLLOWS: DIVISION 1. Section 3 (Uses) of the Shamrock Center Planned Development District is hereby amended as follows, and as reflected on attached Exhibit A: Delete: A. Permitted 1. Retail uses including general retail sales and bulk retail sales. 2. Automobile sales and services. 3. Other Accessory structures and uses customarily incidental to a permitted use and contained on the same site in accordance with Planned Development standards. B. Conditional Uses 1. Food Services Establishments. MOM Uses within the Shamrock Center Planned Development District (PD 1715) shall be those "permitted" and "conditionally permitted" uses allowed within the General Commercial (GC) Zone, as amended from time -to -time by the City, and subject to the approval procedures specified in the Zoning Ordinance for each type of use allowed. DIVISION 2. Any development of this property shall be subject to the provisions contained in the Shamrock Center Planned Development District, as amended herein. DIVISION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. DIVISION 4. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in force and effect thirty (30) days after its final passage. ATTEST: A�-.e.. ann a M. Leoncini, City Clerk The Charter Ordinance No. 1847 was read and introduced at a regular meeting of the City Council of the City of San Rafael on December 18, 2006, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers Miller And will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City Council to be held on Tuesday, January 16, 2007. A. ANNE M. LEON) �CiClerk EXHIBIT A SHAMROCK CENTER PLANNED DEVELOPMENT DISTRICT (Revised — December 18, 2006) 1. Purpose of the Planned Development District The purpose of the Planned Development (PD) for a retail center is to regulate the development of an approximately 4.77 acre parcel located at 655 Irwin Street. The PD District zoning classification will ensure the development of the site in accordance with the provisions of the property development regulations. The intent of the PD District is to accomplish the following: A. To accommodate various types of large-scale, complex mixed use developments. B. To develop innovative design and site planning for the retail uses and to establish flexible development and design standards that will provide an integral approach to a functional and aesthetically pleasing development plan. C. To encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods. 2. Development Standards The Retail Use Planned Development shall be developed in conformance with the development plans and associated drawings submitted with the PD as listed in the Exhibits section and the development standards set forth below. A. Planned District Area The PD consists of the following parcels: 13-032-01, 02, 04, 05, 06; and a portion of 13-021-28. 2. The individual parcels shall be considered as one development combined by a long term ground lease and a property management association. 3. No further subdivision of parcels as shown, to allow for the creation of additional building sites shall be permitted; however, this does not preclude the minor adjustment of lot lines between adjacent parcels. B. Floor Area Ratio Maximum FAR for the site shall be .32. 2. The FAR for specific uses is as follows: a) Retail Sales - .21 b) Bulk Retail Sales -.32 C) Automobile Sales -.32. C. Setbacks Lincoln Avenue — 25' to face of building; 7' to face of loading area screen wall. 2. Irwin Street —15' to face of building. SHAMROCK CENTER PLANNED DEVELOPMENT DISTRICT Page 2 of 3 (Revised — December 18, 2006) 3. West Francisco Boulevard —180' to face of building. 4. Mahon Creek — 70' to face of building. D. Parking 1. Retail Uses —1 space per 250 sq. ft. of gross building area. 2. Off -Street Loading and Unloading a) Retail and service establishments: one off-street loading and unloading space with minimum dimensions of 10 feet in width by 35 feet in length, with a 14 foot height clearance. b) Each loading area shall have adequate driveways, turning and maneuvering areas for access and usability, and shall at all times have access to a public street or alley. G) Off-street loading and unloading spaces shall be adequately screened from view from public right-of-ways, to the satisfaction of the Community Development Director. 3. Automobile Sales —1 space per 400 gross building sq. ft. excluding auto repair area; plus, for repair portions of the building: 1 space per 500 gross building sq. ft., or 3 spaces per service bay for automobile repair (each service bay may count as one of the parking spaces, whichever is greater, or 1 space per 2,000 sq. ft. open lot area, whichever is greater). E. Landscaping Minimum required —15%. F. Maximum Building Height Building heights shall not exceed 36 feet as measured vertically from the existing grade to the uppermost point of the roof edge or peak, wall, parapet, mansard or other feature perpendicular to that grade. 2. Pylon signs are not included in height calculations. G. Lighting 1. Parking Lot — 20' standard height; 30' centers. 2. Building Lighting — Attached building lighting in conformance with parking area lighting; shielded. H. Signs 1. All signs shall comply with a sign program reviewed by the Design Review Board and approved by the Planning Commission. Trash Enclosures 1. All trash enclosures shall have a common design and shall be constructed of materials matching the buildings. SHAMROCK CENTER PLANNED DEVELOPMENT DISTRICT Page 3 of 3 (Revised — December 18, 2006) 2. All areas around trash enclosures shall be kept clean and free of litter and debris. J. Architecture 1. Design of the retail buildings shall be consistent with the plans prepared by PBM Architects. 2. Design of the automobile sales building shall be consistent with the plans prepared by PBM Architects. 3. Any modifications to the approved plans shall be subject to review by the Community Development Department and may require approval by the Planning Commission. K. Maintenance of Improvements Maintenance of the common areas, parking and drainage facilities shall be the collective responsibility of all property owners. A Property Management Association shall be created with CC & R's that address this maintenance. The CC & R's shall be reviewed by the City Attorney and Community Development Department prior to recordation. The CC & R's shall be recorded concurrent with the Memorandum of Ground Leases. 3. Uses A. P srnitted 1. . �. . ?. .Staeda�ds: R . CcinditonAPI G9ed-Sewisc� �c✓�h!h^?sats A. Uses within the Shamrock Center Planned Development District (PD 1715) shall be those "permitted" and "conditionally permitted" uses allowed within the General Commercial (GC) Zone, as amended from time -to -time by the City, and subject to the approval procedures specified in the Zoning Ordinance for each type of use allowed. 4. Exhibits A. Exhibits on file with the Planning Department include the following: Shamrock Center Illustrative Site Plan, PBM Architects, 9-10-97 2. Shamrock Center Shell Floor Plan/Ha4rdscape, PBM Architects, 9-11-97 3: Shamrock Center Exterior Elevations, CompUSA and Staples, Sheet A3.1, PBM Architects, 9-17-97 4. Shamrock Center Floor Plan and Exterior Elevations, Building 1 Land Rover, Sheet A5, PBM Architects, 4-22-97