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Home My WebLink AboutOrdinance 1936 (BioMarin)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. 1936 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED DEVELOPMENT DISTRICT (ZC14-002) AMENDMENT TO THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO ST AND 781-791 LINCOLN AVE) TO ALLOW AN ADDITIONAL 72,396 SQ FT OFFICE BUILDING ON PARCEL 1 (755 LINDARO ST) AND EXPANSION TO THE CURRENTLY UNDER CONSTRUCTION PARKING STRUCTURE (788 LINCOLN AVE) AT THE SAN RAFAEL CORPORATE CENTER CAMPUS. (APN: 013-012-38 & 39, 013-021-50, 51, 52, 53, 54 & 55) 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 19`h day of October, 2015; a SUMMARY of Ordinance No. 1936 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 2nd day of November, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official Seal of the City of San Rafael this 6`h day of November, 2015 �5 h 6—� '---'Ra ex , ESTHER C. BEIRNE City Clerk SUMMARY OF ORDINANCE NO. 1936 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED DEVELOPMENT DISTRICT (ZC14-002) AMENDMENT TO THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO ST AND 781-791 LINCOLN AVE) TO ALLOW AN ADDITIONAL 72,396 SQ FT OFFICE BUILDING ON PARCEL 1 (755 LINDARO ST) AND EXPANSION TO THE CURRENTLY UNDER CONSTRUCTION PARKING STRUCTURE (788 LINCOLN AVE) AT THE SAN RAFAEL CORPORATE CENTER CAMPUS. (APN: 013-012-38 & 39,013-021-50,51,52,53,54 & 55) This Summary concerns a proposed ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 1936, which will amend the City of San Rafael Zoning Map, adopted by reference by Section 14.01.020 of the San Rafael Municipal Code, as detailed in the complete text and accompanying map of Ordinance No. 1936. Ordinance No. 1936 is scheduled for adoption by the San Rafael City Council at its regular meeting of November 2, 2015. 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 Ordinance No. 1936 amends the Zoning Map of the City of San Rafael to reclassify certain real property, commonly known as the San Rafael Corporate Center, located at 750-790 Lindaro Street and 781-791 Lincoln Avenue in the City of San Rafael, Marin County, California (APN's: 013-012-38 & 39 and 013-021-50,51, 52, 53, 54 & 55), from Planned Development (PD -1901) District to Planned Development (PD -1936) District. The new PD -1936 District authorizes the following changes to the existing PD District: 1) approves the construction of an additional 72,396 sq. ft. office building on the western parcel, to allow a total of six (6) buildings totaling 473,096 sq. ft. on the campus and two parking structures; 2) allows for an expansion of the Lincoln Ave parking structure; and 3) deletes the prior allowance for up to 68,068 sq. ft. of the campus to be used for medical office uses, and 4) updates the San Rafael Corporate Center Master Plan to delete obsolete standards and/or provisions. Copies of the Ordinance containing this Municipal Code amendment are also available for public review as of Wednesday, October 21, 2015, at the San Rafael City Clerk's office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business hours, 8:30 a.m. to 5:00 p.m. For further information, you may contact the City Clerk at (415) 485-3066 or the Community Development Department, Planning Division at (415) 485-3085. ESTHER C. BEIRNE San Rafael City Clerk Dated: October 27, 2015 ORDINANCE NO. 1936 AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL APPROVING A PLANNED DEVELOPMENT DISTRICT (ZC14-002) AMENDMENT TO THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO ST AND 781-791 LINCOLN AVE) TO ALLOW AN ADDITIONAL 72,396 SQ FT OFFICE BUILDING ON PARCEL 1 (755 LINDARO ST) AND EXPANSION TO THE CURRENTLY UNDER CONSTRUCTION PARKING STRUCTURE (788 LINCOLN AVE) AT THE SAN RAFAEL CORPORATE CENTER CAMPUS. (APN: 013-012-38 & 39, 013-021-50, 51, 52, 53, 54 & 55) WHEREAS, in 1998, the San Rafael City Council prepared and certified the Fair, Issac Final Environmental Impact Report (FEIR), which assessed the potential environmental impacts for developing a multi -building office complex on the subject 15.54 -acre site; and WHEREAS, on February 17, 1998, the San Rafael City Council adopted Ordinance 1721, a Planned Development District for the development of up to a 406,000 sq. ft. multi - building office complex for a single tenant, on the subject 15.54 -acre site; and WHEREAS, on August 7, 2000, the San Rafael City Council adopted Ordinance 1754, an amendment to the Planned Development District to approve changes in the zoning district development standards in order to accommodate multi -tenant use of the office park (San Rafael Corporate Center); and WHEREAS, on December 5, 2011, the San Rafael City Council adopted Ordinance 1901, an amendment to the Planned Development District, including adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, to expand the allowed land uses for the San Rafael Corporate Center to include medical use and research and development and allowed the adopted parking standard of 3.3 parking spaces per 1,000 sq. ft. in the Master Plan (instead of 4.4 parking spaces per 1,000 sq. ft. for medical office). The amended Planned Development District (PD -1901) is currently in effect; and WHEREAS, between 2000 and today, the San Rafael Corporate Center has been developed in various phases. Currently, the last office building (5`h) and the second parking garage approved are being constructed under the terms of the current Planned Development (PD -1901) District. The build -out of the approved campus, totals 400,700 sq. ft., 5,300 sq. ft. less than the 406,000 sq. ft. allowed by the PD WHEREAS, on August 9, 2014, a preliminary planning application for Conceptual Design Review was filed by LCCA, LLC (BioMarin, Inc.), property owner, requesting an amendment to the Planned Development District and Master Use Permit and approval of an Environmental and Design Review Permit for the development of • Use of the site for general office and research and development uses within six structures, totaling 480,700 sq. ft. of floor area. • Elimination of the previously allowed medical office use (up to 68,068 sq. ft.) on the campus. • A new three story, 48 ft. tall, laboratory building totaling 80,000 sq. ft. on Parcel 1 (755 Lindaro St.), including the removal of 125 surface parking spaces. • Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000 square feet of gross building area throughout the campus. • A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total of 317 parking spaces (270 covered parking spaces and 47 surface parking spaces). • Addition of elevated pedestrian bridges across buildings, throughout the campus; and WHEREAS, on September 16, 2014, the City of San Rafael Design Review Board (DRB) reviewed the conceptual design review application at a publicly noticed meeting, and provided preliminary feedback to the applicant on the preliminary design concept that was presented; and WHEREAS, on October 31, 2014, formal planning applications were filed by CCCA, LLC (BioMarin, Inc.), property owner, requesting an amendment to the Planned Development District, Master Use Permit and approval of an Environmental and Design Review Permit to allow additional development on the campus, including a new office building and a parking garage expansion, as follows: • Use of the site for general office and research and development in uses within six structures, totaling 480,700 sq. ft. • Elimination of the previously allowed medical office use (up to 68,068 sq. ft.) on the campus. • A new three story, 48 -ft tall, laboratory building totaling 80,000 sq. ft. on Parcel 1 (755 Lindaro St.). Construction would include the removal of 125 existing surface parking spaces on Parcel 1. • Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000 square feet of gross building area for the entire campus. • A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total of 312 parking spaces (271 covered parking spaces and 41 surface parking spaces); and WHEREAS, on April 28, 2015, a revised project design was filed by CCCA, LLC (BioMarin, Inc.), property owner, requesting amendments to the Planned Development District, Master Use Permit and approval of an Environmental and Design Review Permit to allow additional development on the campus, including a new office building and a parking garage expansion. The use and size of the proposed new building were modified due to changes in the applicant's program needs as well as physical constraints related to PG&E easements. The proposed project now includes • Use of the site for general office and research and development in uses within six structures, totaling 473,096 sq. ft. • Elimination of the previously allowed medical office use (up to 68,068 sq. ft.) on the campus. 2 • A new four story, 54 -ft tall, laboratory building totaling 72,396 sq. ft. on Parcel 1 (755 Lindaro St.). Construction would include the removal of 64 existing surface parking spaces on Parcel 1. • Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000 square feet of gross building area for the entire campus. • A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total of 300 parking spaces (257 covered parking spaces and 43 surface parking spaces); and WHEREAS, on May 19, 2015, the applications were reviewed by the Design Review Board at a duly noticed public meeting and the DRB provided preliminary comments and recommendations on design related matters and continued the application to their June 16, 2015 meeting to allow the applicant to address their recommendations; and WHEREAS, on June 2, 2015, a final revised project design was filed by COCA, LLC (BioMarin, Inc.) which included revisions to building architecture and additional details requested by the DRB; and WHEREAS, on June 16, 2015, the revised applications were reviewed by the Design Review Board at a duly noticed public meeting and the DRB found that the revisions had adequately addressed their prior comments and unanimously voted (4-0-1, with Member Kent Absent) to recommend approval of the project design to the Planning Commission; and WHEREAS, as demonstrated in the an Initial Study, comparing the project activities and actions against the impacts identified and mitigation measures included in the 1998 FEIR, the proposed project does not result in any significant environmental impacts. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated Negative Declaration which was circulated for 55 - day public review period beginning June 30, 2015 and ending August 25, 2015 (SCH # 2007082125); and WHEREAS, on August 25, 2015, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the San Rafael Corporate Center Planned Development (PD -1901) District (ZC 14-002). On a 6-0-1 vote (Commissioner Davidson absent), the Planning Commission adopted Resolution No. 15-11 recommending to the City Council the adoption of the amendment to PD -1901; and WHEREAS, on August 25, 2015, by adoption of a separate Resolution (Resolution No.: 15-10), the Planning Commission unanimously recommended to the City Council adoption of a Mitigated Negative Declaration and approval of the Mitigation Monitoring and Reporting Program for the project; and WHEREAS, on August 25, 2015, by adoption of a separate Resolution (Resolution No.: 15-12), the Planning Commission unanimously recommended approval of the Environmental and Design Review Permit (ED 14-097) and Master Use Permit amendment (UP14-051) to the City Council with modifications to the conditions of approval, which I1 authorizing the new office building and parking structure expansion, site improvements, and landscaping; and WHEREAS, on October 8, 2015, COCA, LLC (BioMarin, Inc), property owner, submitted revised project plans and materials, addressing the Planning Commission's August 25`h recommendation, including a revised Transportation Demand Management (TDM) Plan, and revised landscaping plan; and WHEREAS, on October 19, 2015, the City Council held a duly noticed public hearing to review the proposed amendment to the San Rafael Corporate Center Planned Development District and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts an amendment to the San Rafael Corporate Center Planned Development (PD -1901) District based on the following findings and subject to the amended Master Plan Land Use and Development Standards presented in attached Exhibit A: 1. As proposed and conditioned, approval of this PD Amendment to expand the allowable uses to include an additional 72,396 square feet of general office and a six -story parking garage expansion would be consistent with the applicable goals and policies of the San Rafael General Plan 2020 and in conformance with the provisions of the PD -1901 District, as amended. Specifically: a. As proposed, the office and parking structure land uses are consistent with Land Use Element Policies LU -23 (Land Use Map and Categories), LU -10 (Planned Development), LU -9 (Intensity of Nonresidential Development), LU -14 (Land Use Compatibility) in that these uses would be: allowable under the adopted Lindaro Office land use designation; compatible with the current land uses allowed under the PD -1901 District adopted for this site; and compatible with existing land uses found in the surrounding area. b. As proposed, the office and parking structure land uses would be consistent and not in conflict with Circulation Element Policies C-5 (Traffic Level of Service Standards) C- 7 (Circulation Improvements Funding) and C-12 (Transportation Demand Management) in that: the increase in traffic estimated for these uses would not impact or change level of service conditions at local intersections nor would they warrant new transportation improvements; the office use component would be subject to the adopted citywide traffic mitigation fees which would be used to fund long-term transportation improvements; and the project would not change the current City requirement and obligation of the office park owner to implement transportation demand measures such as encouraging tenants, through incentives to carpool and use public transit. 4 c. As proposed, the office and parking structure land uses would be consistent with Neighborhood Element Policies NH -15 (Downtown Vision), NH -16 (Economic Success), NH -38 (Lindaro Office District) and NH -8 (Parking) in that it would: facilitate additional employment and future economic success in the Downtown area; promote build -out of the San Rafael Corporate Center project by allowing a land use that is appropriate and marketable; allow compatible land uses that would fill current and long-term projected vacancies in general and administrative office space. d. As proposed, the office and parking structure land uses would be consistent with the Community Design Element Policy CD-21(Parking lot landscaping) in that: the uses proposed will have an approved landscaping plan that will provide shade cover and adequate screening of vehicles within parking lot areas. e. As proposed, the office and parking structure land uses would be consistent with newly -adopted Sustainability Element Policies SU -1 (Land Use) and SU -2 (Promote Alternative Transportation), and the adopted Climate Change Action Plan in that: the uses are proposed within an existing and approved development office park that is close to public transit and Downtown. f. As proposed, the office and parking structure land uses would be consistent with the Conservation Element Policy CON -6 (setbacks) in that: the uses proposed will be located outside the 25' top -of -bank setback from Mahon Creek. g. The approval of additional office and parking structure land uses would be consistent with Our Vision of Downtown San Rafael in that it would further promote new businesses and employment in the Downtown area. h. The approval of office and parking structure land uses would be consistent with the PD -1901 District, as amended by adoption of Zoning Amendment ZC14-002, which would permit these land uses. 2. The proposed additional office and parking uses would not be detrimental to the health, safety or general welfare of the residents or community in that: a. These uses would be compatible with the currently approved and operating administrative and general office use. These uses would be compatible with surrounding and immediate land uses and development. b. These uses would be consistent and not in conflict with the deed restriction recorded for the San Rafael Corporate Center, which permits commercial and office land uses but prohibits use and development with residential and day care land uses. c. The addition of these land uses would not result in any physical changes or additions to the approved and largely developed San Rafael Corporate Center complex. The Corporate Center is adequately served by local facilities and utilities. 5 d. The scope and definition of the office and parking structure land uses would not allow industrial development, heavy production or laboratory operations that would be more appropriate for a site that is zoned for light industrial or industrial land use. 3. The proposed addition of general office and parking structure land uses will not result in a reduction in parking ratio requirements currently adopted in the San Rafael Corporate Center Master Plan (3.3 spaces/1,000 square feet). The initial approval of the San Rafael Corporate Center found that this development has been designed to adequately address the automobile, bicycle and pedestrian traffic systems. Consistent with SRMC Section 14.18.040B, the project has been studied for parking needs for office use at this location, with a finding that the use of the currently adopted parking standard for office park is reasonable, appropriate and adequate in that: a. The currently adopted standard of 3.3 parking spaces per 1,000 square feet of building area is consistent with the parking standard studied and recommended by the Institute of Transportation Engineers (ITE). The ITE standards are based on case studies of developed land uses, and are widely used by local agencies and licensed traffic engineers. b. The approvals and agreements established for the San Rafael Corporate Center require that the existing western parking lot and structure be made available for public use during the evening hours and on weekends. The addition of the 755 Lindaro street office building will remove 64 spaces from the western parking lot. Per the original approvals for the San Rafael Corporate Center, these 64 spaces have been proposed by the Applicant to be replaced via all existing surface lots within the entire property, including, visitor serving lots on Parcel 2 and Parcel 3 and Parcel 7. This also includes the proposed surface parking lot on Parcel 8 to the east of the Lincoln Street Parking garage. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Ordinance No. 1901 (PD -1901 District) is hereby amended to incorporate the following changes to the San Rafael Corporate Center, as set forth in attached Exhibit A, incorporated herein by reference: a) allow the addition of a 6`h office building on the campus, a 72,396 sq. ft. office building on a portion of the western surface parking lot; b) allow the expansion of the currently under construction 6 story parking garage on Lincoln Ave, with a six story expansion hosting an additional 256 structured spaces and 41 surface spaces; and c) eliminate the prior allowance for medical use (a 68,068 sq. ft. allowance). DIVISION 2. 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 Planned Development (PD -1901) District to Planned Development (PD -1936) District. G Said property so reclassified is located between Second Street and Andersen Drive, on both sides of Lincoln Avenue and Lindaro Street, , as shown on County Assessor's Parcel No.'s 013-012-38 & 39, 013-021-50, 51, 52, 53, 54 & 55, and as illustrated on the map and detailed legal description attached as Exhibit `B". DIVISION 3. If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity or the remaining portions of this added ordinance section. DIVISION 4. This Ordinance shall be published once, in full or in summary form, at least five days before its final passage, in a newspaper of general circulation published and circulated in the City of San Rafael, California, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the ordinance shall simultaneously be posted in full in the City Clerk's office, and the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, 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 amendment along with the names of those Councilmembers voting for or against the amend ent. ATTEST: ESTHER C. BEIRNE, City Clerk GARY 0. PH�1,LIPSJ Mayor 0 The foregoing Ordinance No. 1936 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 19`h day of October 2015, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushy, Colin, Gamblin, McCullough and Mayor Phillips 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 City Council to be held on the 2nd day of November 2015. 6 cTW9 G - 1-21,24 P." ' ESTHER C. BEIRNE, City Clerk Exhibit A- San Rafael Corporate Center Master Plan Exhibit B- Map and Legal Property Description EXHIBIT A San Rafael Corporate Center Master Plan (Formerly Ordinance 1721, 1754, and 1901 Fair, Isaac Office Park Master Plan) (ZC 97 2b ZG 11 002) ZC 14-02 INTENT The San Rafael Corporate Center (formerly Fair, Isaac Office Park) Master Plan is based on the plans (Development Plan) approved for the Environmental and Design Review Permit (ED97-24 and ED 14-097), Master Use Permit (UP 11 1 033 UP 14-052) and Tentative Map (TS97-1), approved by the City Council on Tuesday, February 17, 1998, August 7, 2000, a*d December 5, 2011 and October 19, 2015. LAND USES This office park permits a maximum of 401,009 473,096 sq. ft. of building area within 6 office buildings approved for the following uses: administrative office, general office and research/develonment uses. 1. Administrative and General Office Use. Administrative and general office uses as defined by San Rafael Municipal Code Title 19 (Zoning). (da)44ne-testingser-viees €e 'for68,068 square feet e fnedieal use is approved as an allewa . g that of the teta1401,000 square feet of af€ie park area, up to 68,0€1.8 square feet e ->an be used for- fnedieal use. See Master Use Pelm;t (UN! 033) for pa<lrinb a . -3- 2. Research and Development Use. Research and development use is defined as a use engaged in scientific, medical or technological research with limited product testing and production. This use excludes full production of industrial type manufacturing and generally operates similar to and characteristic of low -intensity, general office use. Medical laboratories established for research (as opposed to labs providing testing services for patients/visitors) would be defined as a research and development use. 3. Uses determined to be incidental to the above -listed land uses shall be permitted, as determined to be appropriate by the Community Development Director. Requirements and conditions for all uses in the office park shall be consistent with Master Use Permit (UP!!3) UP 14-052. Residential and day care land uses are prohibited by recorded deed restriction. l 9 EXHIBIT A DEVELOPMENT STANDARDS The following standards shall apply to all development of the San Rafael Corporate Center (formerly Fair, Isaac Office Park): 1. Maximum floor area ratio: Per Development Plan approved under the office park Use Permit 'T TDtvP! 1 033 UP 14-052) and Environmental and Design Review Permit (ET'�4 ED 14-097). 2. Building Height: Maximum 54 feet, except for the building height bonus granted by City approved office park Use Permit (UP! 03-3 UP14-052and Environmental and Design Review Permit (ET's -9; 24 ED 14-097). The building height bonus requires provisions for a park, which is addressed below. 3. Landscaping: Landscaping shall be consistent with the Development Plan approved under the office park Environmental and Design Review Permit (EDS 24 ED 14-097). 4. On-site Parking: Minimum 3.3 parking spaces per 1,000 gross square feet of building area. Compliance with and monitoring of on-site parking shall be enforced through the conditions of the approved required by the office park Use Permit (UP! 033 UP 14-052). 5. Building coverage: Building coverage shall be consistent with the Development Plan approved under the office park Environmental and Design Review Permit (ED 97 24 ED 14-097). 6. Development Phasing- A minimum af twe phases, as defined and appr-eved undef: the -o flea park (T TD 1 1 0?2 UP 11 952) and omental and Design Review Per-Fnit (ED 97 24 ED ,). 7. Park Facility: The office park development shall provide a privately maintained park with public access adjacent to Mahon Creek, as set forth in the office park Use Permit (UP! 3 UP 14-052) DESIGN STANDARDS All buildings, structures, site improvements, landscaping, parking and exterior lighting shall be consistent with the Development Plan and conditions of approval for the office park Environmental and Design Review Permit (ET 97 24 ED 14-097). 10 EXHIBIT B Map of San Rafael Corporate Center 4b....... m mm OP 70 I . . .... . .. . ... ; 11 ... . ...... .. ... . ..... .... ........ 912 at 939 0 910 1903 mI mew . . .... ... .... 801 ev 898 ••-....._ ........ am O NO . . . .. ..... 73 TREE7; g 91 734 720 700 775 X41 Zjc w w 49 31 38 27 76 23 .32 647 26 19 61 20 637 is 14 Si 9 s 10 635 tl 1 fewu� e 9 1, seRAc ted °,"Ai Z Im erids 11 0 3130 72 x,�=13 3 Ob EXHIBIT B Legal Description "Western Parcel" (APN 013-012-38 AND 39) Reference PARCEL TWO A portion of that certain parcel of land described in the deed from F. M. Neely and Sara Neely, his wife, to PG&E recorded December 12, 1922 in Volume 11 of Official Records at page 209, Marin County Records and being more particularly described as follows: Beginning at the intersection of the southerly boundary line of the city street known as Second Street, with the westerly boundary line of the city street known as Lindaro Street and running thence along said westerly boundary: (1) south 06°45'00" west 299.22 feet; thence (2) south 08°53 '00" west 405.54 feet to a point in the northerly boundary line of the Northwestern Pacific Railroad Right of Way; thence along said northerly boundary line (3) north 54°38'00" west 396.88 feet; thence leaving said northerly boundary line (4) north 06°38'05" east 238.95 feet; thence (5) south 83°33'00" east 241.53 feet to a point herein for convenience called Point "A"; thence (6) north 06°38'05" east 273.54 feet to a point in the southerly boundary line of said Second Street, thence running along said southerly boundary line . (7) south 83°33'00" east 123.00 feet, more or less, to the point of beginning. The bearings used are based on the Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. Reserving therefrom the following easements over and across those certain portions of the Parcel Two: 1. The "Exclusive Gas Meter Easement"; 2. The "Nonexclusive Gas Meter Easement"; 3. The "West Parcel Slurry Wall Easement"; 4. The "Area 5A Extraction Trench Easement"; 5. The "Area 5B Extraction Trench Easement"; and 6. The "West Parcel Electric Facilities Easement"; which are more particularly described as follows: Exclusive Gas Meter Easement EXHIBIT B Beginning at a point in the easterly boundary line of the parcel of land hereinbefore described and designated PARCEL TWO, being also the westerly boundary line of said Lindaro Street, from which the southeast comer of said PARCEL TWO bears south 08°53'00" west 329.67 feet; thence leaving said easterly boundary line: (1) north 81 °07'00" west 30.00 feet; thence (2) north 08°53'00" east 30.00 feet; thence (3) south 81 °07'00" east 30.00 feet to a point in said easterly boundary; thence along said easterly boundary line (4) south 08°53'00" west 30.00 feet to the point of beginning. Nonexclusive Gas Meter Easement Beginning at the southwest comer of the parcel of land hereinbefore described and designated Exclusive Gas Meter Easement and running thence (1) north 81 °07'00" west 20.00 feet; thence (2) north 08°53 '00" east 50.00 feet; thence (3) south 81 °07'00" east 50.00 feet; more or less, to a point in the easterly boundary line of said PARCEL TWO, being also the westerly boundary line of said Lindaro Street; thence along said easterly boundary line. (4) south 08°53 '00" west 20.00 feet to the northeast corner of said Exclusive Gas Meter Easement; thence along the northerly bowl dary line of said Exclusive Gas Meter Easement (5) north 81°07'00" west 30.00 feet to the northwest corner of said Exclusive Gas Meter Easement; thence along the westerly boundary line of said Exclusive Gas Meter Easement (6) south 08°53 '00" west 30.00 feet to the point of beginning. West Parcel Slurry Wall Easement A strip of land of the uniform width of 20 feet extending from the general northerly boundary line of said PARCEL TWO, southerly to the southwesterly boundary line of said PARCEL TWO and lying 10 feet on each side of the line described as follows: Beginning at a point in the general northerly boundary line of said PARCEL TWO, from which said Point "A" bears south 83°33'00" east 216.93 feet; thence leaving said general northerly boundary line (1) south 06'29'15" west 206.97 feet; thence (2) on a tangent curve to the left with a radius of 100.00 feet and tangent at the northerly terminus thereof to the preceding course, an arc distance of 5.8.23 feet, more or less, to a point in the southwesterly boundary line of said PARCEL TWO. Area SA Extraction Trench Easement Beginning at said Point "A" and running thence along the general westerly boundary line of said PARCEL TWO (1) north 06°38'05" east 273.54 feet 13 EXHIBIT B to a point in the northerly boundary line of said PARCEL TWO, being also the southerly boundary line of said Second Street, thence along said northerly boundary line (2) south 83°33'00" east 19.63 feet; thence leaving said northerly boundary line (3) south 05°41 '35" west 457.82 feet; thence (4) north 84'18'25" west 27.16 feet; more or less, to a point in the southerly prolongation of the general westerly boundary line of said PARCEL TWO; thence (7) north 06°38'05" east 184.60 feet, more or less, to the point of beginning. Area 5B Extraction Trench Easement A strip of land of the uniform width of 16 feet extending westerly from the easterly boundary of said PARCEL TWO, and lying 8 feet on each side of the line described as follows: Beginning at a point in the easterly boundary line of said PARCEL TWO, being also the westerly boundary line of said Lindaro Street, from which the southeast corner of PARCEL TWO bears south 08'53 '00" west 157.56 feet; thence leaving said easterly boundary line (1) north 80"'40'14" west 135.97 feet to a point within the boundary lines of PARCEL TWO. West Parcel Electric Facilities Easement and the Substation Access Easement That portion of said PARCEL TWO lying westerly and southwesterly of a line described as follows: Beginning at said Point "A" and running thence along the southerly prolongation of the general westerly boundary line of said PARCEL TWO (1) south 06°38'05" west 269.32 feet; thence (2) south 54°38'00" east 125.95 feet, more or less, to a point in the easterly boundary line of said PARCEL TWO. 14 EXHIBIT B "CENTRAL PARCEL" (APN 013-021-51,52,53,54 AND 55) Reference: PARCEL ONE The 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. Reserving therefrom the following easements over and across those certain portions of the Parcel One: A. The "Central Parcel Slurry Wall Easement"; B. The "Central Parcel Extraction Trench Easement"; and C. The "Central Parcel Electric Facilities Easement"; which are more particularly described as follows: Central Parcel Slurry Wall Easement A strip of land of the uniform width of 20 feet extending from the westerly boundary line of the parcel of land hereinbefore described and designated PARCEL ONE easterly and northerly to the northerly boundary line of said PARCEL ONE and lying 10 feet on each side of the line described as follows: Beginning at a point in the westerly boundary line of said PARCEL ONE, from which a rebar and cap stamped "LS 4545", herein for convenience called Point "B", accepted as marking the northeasterly terminus of a course in the westerly boundary line of the 8.280 acre parcel of land as shown upon said Record of Survey filed for record May 10, 1985, which course as shown upon said map has a bearing of S8`53' wand a length of 421.24 feet, bears north 08°53 '00" east 364.35 feet; thence leaving said westerly boundary line. (1) south 76°44'52" east 70.89 feet; thence (2) south 84'17'14" east 32.74 feet; thence (3) south 79°31'32" east 111.67 feet; thence (4) south 76°52'26" east 104.19 feet; thence (5) north 87°55'06" east 104.33 feet; thence (6) north 62°01'36" east 31.14 feet; thence (7) north 46°27'46" east 23.10 feet; thence (8) north 33°08'08" east 12.71 feet; thence (9) north 19°37'58" east 36.67 feet; thence (10) north 00'14'58" east 46.69 feet; thence (11) north 10°10'31" west 41.35 feet; thence (12) north 06°57'47" west 97.03 feet; thence (13) north 04°56'07" west 42.24 feet; thence (14) north 03°58'51" east 124.15 feet; thence (15) north 09°00'19" east 35.36 feet; thence (16) north 08°34'17" east 106.14 feet; thence (17) north 072647" east 107.63 feet, more or less, 15 EXHIBIT B to a point in the northerly boundary line of said PARCEL ONE. Central Parcel Extraction Trench Easement A strip of land of the unifoml width of 16 feet extending easterly from the westerly boundary line of said PARCEL ONE, and lying 8 feet on each side of the line described as follows: Beginning at a point in the westerly boundary line of said PARCEL ONE, from which Point "B" bears north 08°53 '00" east 249.70 feet; thence leaving said westerly boundary line . (I) -south 80°42'05" east 14.39 feet; thence (2) south 79°43'14" east 64.83 feet to a point within the boundary lines of PARCEL ONE. Central Parcel Electric Facilities Easement That portion of said PARCEL ONE, lying easterly and southerly of the general easterly boundary line of the strip of land hereinbefore described and designated Central Parcel Slurry Wall Easement. 16 EXHIBIT B "EASTERN PARCEL" (APN 013-021-50) All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE: BEGINNING at a point in the Southerly line of Second Street distant 496.5 feet Easterly from the point of intersection of the said Southerly line of Second Street with the Easterly line of Lindaro Street; thence running Easterly along said line of Second Street 140.1 feet to the Southerly line of the San Rafael and San Quentin Turnpike or Toll Road, now known as Francisco Boulevard; thence Southerly and Easterly along said line of said Turnpike 90 feet; thence leaving said Turnpike and running South 14°59' West 153.5 feet; thence North 38°4' West 278.3 feet to the point of beginning. EXCEPTING THEREFROM all that portion there of lying within the lines of Lincoln Avenue. AND FURTHER EXCEPTING any portion of the above described property which may have been tidelands in the bed of any tidal slough below the elevation of ordinary high tide. PARCEL TWO: BEGINNING at the point of intersection of the Southerly line of Second Street, with the Easterly line of Petaluma Avenue (now known as Lincoln Avenue); thence Easterly along the Southerly line of Second Street 6/10 of a foot to the most Westerly comer of that certain lot or parcel of land which was conveyed by John W. Mackay and James L. Flood to the City of San Rafael, by Deed dated June 5, 1893 and recorded in Book 26 of Deeds at Page 238, Marin County Records; thence along the Southwesterly line of said lot, South 38°04' East 278.3 feet to the most Southerly corner of said lot; thence along the Easterly line of said lot, North 14059' East 153.6 feet to the Southerly line of the Toll Road; thence Easterly along the Southerly line of the Toll Road 6.6 feet to the Westerly bank of the said tidal canal South 11 043' West 289 feet; thence continuing along said Westerly bank on the arc of a circle having a radius of 441.7 feet, 462.3 feet to the said Easterly line of Petaluma Avenue; thence Northerly along the said Easterly line of Petaluma Avenue 702.8 feet to the point of beginning. EXCEPTING THEREFROM all that portion thereof as contained in the Deed from the City of San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a California corporation, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, and re-recorded November 29, 1961 in Book 1519 of Official Records at Page 608, Marin County Records. ALSO EXCEPTING THEREFROM all that portion thereof described as follows: A STRIP OF LAND, 10 feet in width, lying Southeasterly of and contiguous to the 17 EXHIBIT B Southeasterly boundary of that certain parcel of land described in the Deed from the City of San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a California corporation, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, and re-recorded November 29, 1961 in Book 1519 of Official Records at Page 508, Marin County Records. ALSO EXCEPTING THEREFROM all that portion thereof lying within the lines of Lincoln Avenue. AND FURTHER EXCEPTING any portion of the above described property which may have been tidelands in the bed of any tidal slough below the elevation of ordinary high tide. PARCEL THREE AN EASEMENT for sanitary sewer purposes described as follows: A STRIP of land of the uniform width of 20 feet, the centerline of which is described as follows: COMMENCEMENT at a point on the Easterly line of Lindaro Street at the Intersection of two courses bearing South 7° 15' West and South 8° 15' West, as said courses are shown upon that map entitled, "Map of a Portion of Lindaro Street, City of San Rafael, Marin County, California", filed for record March 2, 1937 in Volume 2 of Official Surveys, at Page 83, Marin County Records; thence North 8° 53' East 32.92 feet to the true point of beginning; thence Southeasterly perpendicular to the aforementioned Easterly line, 315.00 feet; thence along a tangent curve to the left, through a central angle of 510 00' 00" having a radius of215.00 feet, an arc distance of 191.37 feet; thence North 47° 53' East 70 feet, more or less, to the termination of the easement and also the Westerly line of Lincoln Avenue, described as an arc 194.78 feet long in a Deed from the City of San Rafael to the Pacific Gas and Electric Company, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, Marin County Records. PARCEL FOUR That certain real property situate in the City of San Rafael, County of Marin, State of California, more particularly described as follows: COMMENCING at the intersection of the southerly line of Second Street with the easterly line of Lincoln Avenue, said point being located South 50'10'00" East 0.32 feet from a lead plug and tag RE5561 set in a concrete sidewalk, and as shown on the Record of Survey Map filed May 10, 1985 in Book 20 of Surveys at Page 47,- Marin County Records; thence along said southerly line of Second Street South 83033'00" East 140.70 feet to the southwesterly line of Francisco Boulevard; IV EXHIBIT B thence leaving the southerly line of Second Street and along said southwesterly line of Francisco Boulevard, South 51°37'29" East 98.68 feet to the westerly line ofParcel4, conveyed to the San Rafael Redevelopment Agency by deed recorded October 30, 1997, in Document No. 97-062019; thence along said westerly line South 11°32'07" West 95.76 feet to the True Point of Beginning; thence continuing along said westerly line South 11"'32'07" West 189.48 feet; thence on a curve to the right tangent to the preceding course having a radius of 441.70 feet through a central angle of36'0 1'12", an arc length of 277.68 feet to the easterly line of aforementioned Lincoln Avenue; thence along said easterly line of Lincoln Avenue on a curve to the left whose radius point bears North 60°08'08" East 473 feet, through a central angle of01 ° 17'20", an arc length of 10.64 feet; thence leaving said easterly line of Lincoln Avenue on a curve to the left whose radius point bears North 31 °36'30" West, a distance of315.00 feet, through a central angle of 50"24'27", an arc length of277J3 feet; thence North 12°06'01" East 102.01 feet; thence North 06'19'27" East 109.66 feet; thence leaving the westerly line of said tidal slough North 80`"50'15" West 13.96 feet to the Point of Beginning. Said Parcel contains an area of 0.24 acres, more or less. 19