Loading...
HomeMy WebLinkAboutOrdinance 1718 (Shoreline Center; Food & Beverage Scvs)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. 1718 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PLANNED DEVELOPMENT (PD 1651) DISTRICT TO THE (PD 1718) PLANNED DEVELOPMENT DISTRICT TO ALLOW FOOD AND BEVERAGE SERVICE ESTABLISHMENTS AND RECREATIONAL FACILITIES AS TEMPORARY USES (RE: ZC97-6, 1615 EAST FRANCISCO BOULEVARD, AP NOS. 9-320-40 THROUGH 45) (SHORELINE CENTER)" was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 20th day of OCTOBER, 1997, a summary of Ordinance No. 1718 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 3rd day of NOVEMBER, 1997, 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 4th day of NOVEMBER, 1997 JEANN M. LEONCINI, City Clerk ORDINANCE NO. 1718 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PLANNED DEVELOPMENT (PD 165 1) DISTRICT TO THE (PD 1718 ) PLANNED DEVELOPMENT DISTRICT TO ALLOW FOOD AND BEVERAGE SERVICE ESTABLISHMENTS AND RECREATIONAL FACILITIES AS TEMPORARY USES (RE: ZC97-6, 1615 East Francisco Blvd., AP NOS. 9-320-40 through 45) (Shoreline Center) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, the existing Planned Development District (PD 165 1) contains development standards for the following uses: light industrial; research and development; office; retail sales of home improvement goods and supplies; specialty retail; motor vehicle sales and services; warehousing, storage and distribution; ancillary employee serving restaurants and service businesses; and contractor storage yards; and, WHEREAS, the San Rafael Planning Commission has held a duly noticed public hearing on the proposed amendment to the zoning map as required by State law and has considered all written correspondence, verbal testimony and the staff report relevant to the proposed amendment to the Planned Development District (PD 165 1) to allow food and beverage service establishments and recreational facilities, and recommended to the City Council approval of food and beverage service establishments and recreational facilities as temporary uses as the amendment to the Planned District; and, WHEREAS, the San Rafael City Council has held a duly noticed hearing on the proposed change to the zoning map as required by State law and has considered written correspondence, verbal testimony and the staff reports relevant to the proposed amendment; and, nag,t{1 Y u I O� WHEREAS, the San Rafael City Council finds that the Development Plan is consistent with the General Plan, adopted neighborhood plans and other applicable City plans or policies because the project is consistent with the following General Plan Policies: Land Use Policies LU -2, Reasonable Interim Use of Property; LU -13g, Commercial and Industrial Land Use Categories; LU -14, Intensity of Commercial and Industrial Development; LU -19, Design Approach; LU -22, Bay and Hillside Views; LU -24, Entryways to the City; LU -35, Project Design Considerations; and, LU -36, Additional Community Design Map Considerations: Circulation Policies C-2, Level of Service D Mid Point; C - 3, Timing of Development with Transportation Improvements; C-4, Trip Allocations; and, C-18, Area Transportation Improvement Programs: Recreation Policy R- 11, Relationship to Private Enterprise: Natural Environment Policies R-11, Relationship to Private Enterprise; and, NE -19, Threatened and Endangered Species; Safety Policy S-23, Safety Review of Development Projects: East San Rafael Policies Policy ESR -2, Timing of Development; ESR -36, Waterfront Design and Access; ESR -44, Traffic Allocations for Development; ESR -45, Residential Density and Commercial Intensity; and, ESR -64, Environmental Resources: and, Canal, Bayfront and Marin Island Policies CB -11, Views, and CB -13, Views to the Water; and, WHEREAS, the San Rafael City Council finds that the non-residential uses are appropriate in the area, location and overall planning for the purpose intended, and the design and development standards create a non-residential environment of sustained desirability and stability, and where applicable, adequate open space is provided because the amendment to the Planned Development District zoning does not change the development standards of the district; and, WHEREAS, the San Rafael City Council finds that the applicant demonstrates that public facilities are provided to serve the anticipated population because the site is located in an urban area with public facilities currently existing; and, WHEREAS, the San Rafael City Council finds that the development is improved by deviations from typical Zoning Ordinance property development standards because the amendment to the Planned Development District zoning does not change the development standards of the district; and, -2- WHEREAS, the San Rafael City Council finds that the auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety. Emergency vehicle access is provided to serve the proposed development because the amendment to the Planned Development District zoning does not alter the auto, bicycle and pedestrian traffic system was previously approved and has met circulation needs and public safety and emergency vehicle access is provided. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01.020 of the Municipal Code is amended by reclassifying the following real property from PD (Planned Development - Ordinance No. 165 1) District to PD (Planned Development - Ordinance No. 17 18) District. Said property so reclassified is located at 1615 East Francisco Blvd., San Rafael, as shown on County Assessor's Parcel Number(s) 9-320-40 through 45, per legal descriptions attached as Exhibit `B. DIVISION 2. Any development of this property shall be subject to the conditions outlined in Exhibit "A", the Shoreline Center Master Plan, which is attached hereto and made a part hereof. DIVISION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid. DIVISION 4. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. -3- 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 adoption, together with the names of the 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 and against the Ordinance. ALBERT J. BORO, Mayor Attest: 4. J�'v ANNE M. LEONCINI, City Clerk The foregoing Ordinance Number 1718 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 20`h day of October. 1997 . and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMEERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 3rd day of November , 1997. 'NE M. LEONCINI, City Clerk -4- I. Planned Disv-.ct Amendments Recommended b� _.ie Planning Commission MASTER PLAN FOR DEVELOPMENT OF THE SHORELINE CENTER The floor area ratios ("FAR") for the property shall be: A. The FAR for 100% office uses shall be .26. B. The FAR_ for specialty retail and fo11 od,and� everage seriTice establishments uses shall be .32. C. The FAR for light industrial uses containing up to 25% office and for indoor recreational uses shall be .38. D. The FAR for light industrial uses containing 50% office uses shall be .30. E. The FAR for light industrial uses containing more than 25%, but less than 50%, office uses shall be determined by subtracting from .38 an increment of .003125 for each one percent of office uses in excess of 25% of office uses. F. The FAR for light industrial uses containing more than 50%, but less than 100%, office uses shall be determined by subtracting from .30 an increment of .0008 for each one percent of office uses in excess of 50% of office uses. G. The FAR for parks, playgrounds and outdoor recreational facilities shall be 0.00. II. The number of P.M. Peak Hour Trips for the property is 1210. The P.M. Peak Hour Trip generation rates per 1000 square feet of building area shall be based on the following trip generation rates from the General Plan Circulation Background Section: A. The rate for office uses shall be 2.65. B. The rate for specialty retail uses shall be 2 (excluding Home Depot, for which the trip generation shall be 3.28) unless the Public Works Department determines, based on a traffic study prepared according to their specifications and subject to their approval, that a different rate based on a directly comparable use more accurately reflects the trip generation rate for the project. EXHIBIT "A" MARCH 25, 1991 REVISED: JULY 15, 1991 REVISED: JUNE 15, 1993 REVISED: JURY 28, 1993 REVISED: SEPT. 8, 1993 REVISED: APRIL 29, 1994 REVISED: JULY 14, 1997 The floor area ratios ("FAR") for the property shall be: A. The FAR for 100% office uses shall be .26. B. The FAR_ for specialty retail and fo11 od,and� everage seriTice establishments uses shall be .32. C. The FAR for light industrial uses containing up to 25% office and for indoor recreational uses shall be .38. D. The FAR for light industrial uses containing 50% office uses shall be .30. E. The FAR for light industrial uses containing more than 25%, but less than 50%, office uses shall be determined by subtracting from .38 an increment of .003125 for each one percent of office uses in excess of 25% of office uses. F. The FAR for light industrial uses containing more than 50%, but less than 100%, office uses shall be determined by subtracting from .30 an increment of .0008 for each one percent of office uses in excess of 50% of office uses. G. The FAR for parks, playgrounds and outdoor recreational facilities shall be 0.00. II. The number of P.M. Peak Hour Trips for the property is 1210. The P.M. Peak Hour Trip generation rates per 1000 square feet of building area shall be based on the following trip generation rates from the General Plan Circulation Background Section: A. The rate for office uses shall be 2.65. B. The rate for specialty retail uses shall be 2 (excluding Home Depot, for which the trip generation shall be 3.28) unless the Public Works Department determines, based on a traffic study prepared according to their specifications and subject to their approval, that a different rate based on a directly comparable use more accurately reflects the trip generation rate for the project. EXHIBIT "A" Shoreline Center Page 2 C. The rate for light industrial uses containing up to 25% office uses shall be 1.4. D. The rate for light industrial uses containing 50% office shall be 1.85. E. The rate for light industrial uses containing more than 25%, but less than 50%, office uses shall be determined by adding to 1.4 an increment of .018 for each one percent of office uses in excess of 25% of office uses. F. The rate for light industrial uses containing more than 50%, but less than 100%, office uses shall be determined by adding to 1.85 an increment of .015 for each one percent of office uses in excess of 50% of office uses. ......... .....:. .::...- G . The*"ratefor : food --arid . beverage . service,establishments .. and for..parks,..playgrounds;..and recreational facilities (both indoor and outdoor) shall be determined.•at the .tlm.of application depending on the specific use. - III. The permitted uses of the property shall be: A. Light industrial uses. B. Research and development. C. Professional, administrative and general offices. D. Retail sales of: home improvements goods and supplies; home furnishings and equipment; and office supplies, equipment and furniture. These uses are limited to parcels 1 through 4; however an exception to this limitation may be permitted by the Planning Commission for temporary and interim uses. E. Other specialty retail uses. These uses are limited to parcels 1 through 4 and shall require approval of an individual use permit by the Planning Commission; however an exception to this limitation may be permitted by the Planning Commission for temporary and interim uses. F. Motor vehicle sales and service and the sale of motor vehicle parts and accessories. G. Warehousing, storage and distribution. Any such use located adjacent to the Shoreline Park shall require approval of an individual use permit by the Planning Commission. Shoreline Center Page 3 H. Ancillary employee serving restaurants and service businesses. I. Contractor storage yards compatible with adjacent uses subject to design control through use permit approval by the Zoning Administrator. J. Food and beverage service establishments (other than ancillary employee servicing restaurants) associated with temporary uses may be permitted with a use permit by the Planning Commission. K. Parks, playgrounds, and recreational facilities (both indoor and outdoor) associated with temporary uses may be permitted with a use permit by the Planning Commission. In connection with processing a Master Use Permit, the Planning Commission shall implement the conditions of approval which are recommended by the planning staff as EIR mitigations in the staff report dated June 15, 1993 which recommended approval of this Master Plan, or such modifications of, or additions to, those conditions as the Planning Commission may determine are consistent with City policy and CEQA. IV. The property may be developed with the following amounts of building area devoted to each of the indicated uses: A. A warehouse/retail store containing 102,190 square feet of floor area and with an outdoor garden center containing 22,200 square feet. B. 88,260 square feet of specialty retail space of a type which reasonably can be expected to generate not more than 2.0 P.M. Peak Hour Trips per 1000 square feet of buildinq area. C. 371,328 square feet of light industrial space, of which 92,832 square feet may be devoted to office uses. D. 45,621 square feet of office uses (which shall be in addition to the 371,328 square feet of light industrial space and the 92,832 square feet of office uses contained therein, as referred to in C. above). Such additional office space may be located within buildings which contain only office uses or in light industrial buildings, provided that the additional office space permitted under this paragraph D. shall in all events be excluded from the calculation of the areas referred to in paragraph C. above. Where such additional office space is located within a light industrial building, the FAR for such building shall be determined in accordance with the standards set forth in Section I. above, using the percentage of office uses resulting from the inclusion of such additional office space within the building. Shoreline Center Page 4 E. Additional building area of office uses, whether in buildings which are 100% office or in buildings which contain both office and light industrial uses, may be constructed if the total amount of specialty retail permitted is reduced. For each square foot of building area by which specialty retail uses are reduced, .559 square feet of office building area and .371 square feet of light industrial area (of which 25% may be used for office purposes) may be constructed. A reduction in the building area of specialty retail uses shall be memorialized in a written agreement executed by the owner of those parcels on which the reduction in specialty retail use is to be effective. F. In the event that a portion of the property is developed at an FAR which is less than that permitted under Section I above, additional building area of office uses (whether in buildings which are 100% office or in buildings which contain both office and light industrial uses) may be constructed on undeveloped portions of the site. The number of square feet of such additional building area of office uses shall be calculated by dividing: (i) the difference in P.M. Peak Hour Trips between those allocated to the portion of the property which is developed at less than the maximum FAR and those which would have been allocated to such portion of the property had it been developed at the maximum FAR permitted under Section I above; by (ii) .00265. For the purposes of this paragraph, P.M. -Peak Hour Trips shall be determined in accordance with Section II above. Nothing in this paragraph shall, however, be deemed to permit any development in excess of the FAR standards set forth in Section I above. Shoreline Center Page 5 G. The FAR allocated to a particular parcel of land within the property, and the number of P.M. Peak Hour Trips which result from the buildings on such parcel, shall be established by the recordation of a notice signed by the property owner and the Planning Director setting forth: (i) the FAR resulting from the initial construction of the buildings on the parcel; (ii) the maximum number of square feet within the buildings which may be used for retail and office uses and the number of square feet which are to be devoted to light industrial uses (ex- cluding office uses); (iii) the number of P.M. Peak Hour Trips which result from the buildings on such parcel, as determined in accordance with Section II above based upon the square footage of building area recorded prior to the issuance by the City of permission for the occupancy of the buildings. Upon the recordation of such a notice, the FAR allocated to the parcel to which the notice applies, and the number of P.M. Peak Hour Trips which re- sult from the buildings on the parcel, shall be as set forth in the notice, unless this master plan is amended to allocate greater FAR or to change the nature or square footage of the uses specified in the notice. H. The minimum developable parcel size shall be 40,000 gross square feet and in no case shall the minimum parcel width be less than 130 feet. V. Building Setbacks and Landscape Buffers: A. Building setbacks are as follows: 1. Buildings directly adjacent to the San Rafael Shoreline Park Band shall have a setback of 37 1/2 feet from the property line. 2. Buildings on parcels 1 and 5 adjacent to designated bay wetlands shall have a minimum setback of 100 feet from the edge of the wetlands. 3. Buildings adjacent to a public subdivision street shall have a minimum setback of 25 feet from the property line. 4. All other building setbacks shall be a minimum of 10 feet from adjacent property lines except that a building may be coincident with a property line if the building adjacent has a minimum setback of 20 feet from the common property line. Shoreline Center Page 6 5. Buildings higher than two stories shall be set back a minimum of 50 feet from the property line. 6. Building facades or setbacks along the San Rafael Shoreline Park Band shall be varied to prevent the visual impression of a continuous wall of buildings. B. Exceptions within building setbacks: (except for buildings adjacent to the San Rafael Shoreline Park Band) 1. Roof overhangs may extend a maximum of 10 feet. 2. Steps, ramps, walkways. 3. Paving and curbing. 4. Fences used for screening of loading and storage areas, equipment, trash enclosures and other like elements required for functional use of the property shall be no higher than 10 feet along any public right-of-way and shall not be located within a landscape buffer. 5. Retaining walls 4 feet or less in height. C. Landscape buffers are as follows: 1. A landscape buffer is a landscaped area located between building and parking areas or property lines. Walkways, benches, public utilities, driveways and the like are permitted within landscape buffers. No intrusion is permitted within the 37'-6" wildlife corridor adjacent to the San Rafael Shoreline Park Band or within landscape buffers adjacent to designated wetlands on parcels 1, 3, 5, and 6. 2. Property adjacent to the East San Rafael Shoreline Park, and MMWD Pond on parcel 5 shall have a minimum landscape buffer area between the property line and inward 5' to 10' from the top of bank. A solid 5 -foot high fence shall be located on the inbound side of the buffer area. Shoreline Center Page 7 3. Property adjacent to the San Rafael Shoreline Park Band shall have a minimum landscape wildlife corridor buffer of 37'-611. 4. Property adjacent to designated bay wetlands on parcel 1 shall have a minimum landscape buffer of 25 -feet from the property line. A landscape buffer area of 5' to 10' from the top of bank shall be provided along the west side of parcel 1 with a solid 5 -foot high fence located on the inbound side of this buffer area. In addition, landscaped buffer area from the parcel property line to the edge of the approxima-::e 20 -foot wide city -owned property at the toe of the landfill slope shall be provided. 5. Property adjacent to designated wetlands on the northern edges of parcel 6 shall have a minimum landscape buffer of 25 -feet from the property line. An additional landscape buffer area from the parcel property line to the edge of the -approximately 20 - foot wide city -owned property at the toe of the landfill slope shall be provided. The specific location of a 5 -foot high vegetated berm along the northwest and northern edges of parcel 6 shall be determined when specific development plans for the parcel are designed so that the exact location will provide adequate screening of vehicle headlights from the wetlands. 6. Property adjacent to a public street shall have a minimum landscape buffer of 15 -feet from the property line. 7. The landscape buffer adjacent to the northern side of parcel 3 shall be approximately 5' to 10' from the top of the bank with a solid 5 -foot high fence located on the -inbound side of this buffer area and shall also include landscaping north to the city - owned access road. 8. All other landscape buffers shall be a minimum of 10 -feet from adjacent properties, except as noted in V.A.4. above. Shoreline Center Page 8 VI. Building Height and Separation: A. Building height shall not exceed the lesser of 3 stories or 36 feet. B. In order to preserve views to the Bay, buildings located adjacent to the San'Rafael Shoreline Park Band 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 200 feet. A view corridor between buildings shall be no less than 50 feet. C. Exceptions to the building height limit are: 1. Roof mounted equipment, screens and enclosures. 2. Telecommunications equipment. 3. Elevator overruns. 4. Roof access enclosures. 5. Flag poles. 6. Parapets. 7. Architectural features. VII. Off -Street Parking and Loading: A. Off-street parking and loading shall be provided as specified in the City of San Rafael Zoning Ordinance, Chapter 14.18. B. Parking dimensions shall be as in the City of San Rafael Zoning Ordinance, Chapter 14.18. C. Barrier free parking shall be provided as required by the State of California, Title 24, current edition. D. All parking spaces shall be striped and signed as required by local and State agencies. E. Compact car spaces may be provided up to a maximum of 30% of all spaces required. Shoreline Center Page 9 VIII.Landscaping Standards: A. Landscaping design concepts and planting palettes shall conform to the intent of the plans and diagrams approved as part of the Master Plan and shall reflect the list of suitable species shown in the Shoreline Enhancement Plan. B. Drought tolerant planting shall be provided as required by the Marin Municipal Water District. C. 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. D. A minimum 6 foot wide landscape island exclusive of curbs shall be provided at the end of all parking rows, except those rows which occur adjacent to buildings. A planting island shall be a minimum of 36 sq. ft. exclusive of curbs. E. Trees shall be provided over the entire parcel at a minimum ratio of 1 tree per 4 parking -spaces provided. F. The use of berms or hedges are encouraged to screen parked cars from public streets. G. A water conservation and long term maintenance program for both permanent and interim landscaping shall be submitted prior to issuance of Building Permits. K. All planter beds adjacent to vehicular circulation shall be protected by 6" high (minimum) concrete curbing. IX. Signage: A Sign Program for the Shoreline Center shall be developed and approved in conjunction with the Master Use Permit for the site. This program addresses project directional signage, building and tenant signage, and shoreline access signage. X. Lighting: A lighting program addressing public streets, site and project circulation routes, parking areas, service areas, pedestrian areas, exterior building and entrance lighting, and project perimeter lighting shall be developed and approved in conjunction with the Master Use Permit for the site. Shoreline Center Page to XI. Development Phasing: Parcel 1 shall be the first to be developed. The development of the remainder of the phases of the project may occur in any combination or order. Individual phases may be further divided into sub -phases if appropriate. XII. Design Guidelines: All parcels shall comply with the requirements of the City Environmental and Design Review Ordinance and with the following Design Guidelines: A. Architectural Design Guidelines: 1. Buildings adjacent to the San Rafael Shoreline Park Band should be appropriately oriented to the Bay. This relationship should encourage views to the Bay for office users as well as pedestrians. 2. Parking areas will not be located closer to property lines than the minimum Landscape buffer. 3. Wherever practical, facilities and techniques to reduce consumption of energy and water resources shall be utilized. 4. Roof appurtenances such as mechanical equipment or antennae shall be screened from public views. 5. Buildings located adjacent to San Rafael Shoreline Park Band 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 Band area. 6. All service areas should be screened through use of berms, walls and landscaping adjacent to the San Rafael Shoreline Park Band and Bay wetlands. 7. Use of architectural materials which cause glare is discouraged. 8. 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. Shoreline Center Page 11 B. Landscape Design Guidelines: 1. Planting on individual parcels shall be designed to enhance compatibility and harmony between adjacent parcels, as well as the Shoreline Enhancement Plan and the Shoreline Park Master Plan. la. Landscape planting shall be coordinated with the Shoreline Enhancement Plan improvements during each phase of the proposed Master Plan buildout period. lb. The Landscape Plan should be updated, yearly at a minimum, to reflect the status of the Enhancement Plan during the interim period to conclusion of project buildout. The City of San Rafael's efforts to complete the Park Master Plan and Enhancement Plan shall be incorporated to ensure that all plans are complementary and compatible. 1c. California native plants with upland habitat values shall be used in landscaping all perimeter areas upslope of marsh habitat. Upland vegetation shall be established in zones that blend with natural plant communities and are compatible with the Enhancement Plan objectives. 2. Maximum use shall be made of drought resistant plant species to minimize consumption of irrigation water. 3. Private open spaces, -romenades and activity areas such as outdoor eating areas should be oriented toward the San Rafael Shoreline Band, but shall remain outside of the 37'-6" wildlife corridor. 4. Landscape design should compliment the San Rafael Shoreline Park Band landscape, plant materials and furnishings. 5. Landscaping adjacent to identified habitat areas should increase habitat value. 6. Site development and landscape design should ensure flood control, minimize erosion and adverse impacts to existing habitat areas. Shoreline Center Page 12 7. Landscape designs should enhance the archi- tectural character of buildings and reinforce building form and site circulation patterns. 8. Landscape irrigation systems shall be designed to conform with guidelines established by M.M.W.D. for use of reclaimed water. 9. Prior to recording of the final subdivision map, a detailed, site-specific Best Management Practices (BMP's) program shall be implemented to avoid, reduce, and control stormwater loadings from proposed developments. Elements in the BMP program shall be based on the RWQCB's nonpoint source control program. Use the results gained from the Santa Clara and Alameda County programs for similar watersheds and land use mixes to establish site- specific control measures for Shoreline Center. When Marin County implements its Urban Runoff Baseline Control Program, the results of the program will be used in targeting the specific BMP's for the Master Plan based on expected business use mixes in final buildout. 10. A Marsh Monitoring Program shall be established to track potential impacts on the marshes and institute a corrective action process if impacts are detected. The program should be designed to detect and remedy adverse impacts on the marsh that may occur with future business use. Implement the following measures: During and after construction, remove litter and take steps to decrease the contributing sources such as increased signage, numbers of waste receptacles, covering of trash containers, and other reasonable measures to avoid litter entering the marsh. During construction, erect signs at points of entry that identify the marshes as wildlife habitat and that disturbance of wildlife, trespassing on vegetation, and disposal of litter is detrimental to the values of the marsh. File: 5.583.07 Date: October 14, 1997 LEGAL DESCRIPTION For SHORELINE CENTER All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Lots 1 through 6 as shown on that certain Map entitled "Map of Shoreline Center", filed for record March 23, 1994 in Volume 21 of Maps, at Page 27, Marin County Records. EXHIBIT "B"