HomeMy WebLinkAboutOrdinance 1933 (Amend MSS Master Plan)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. 1933
AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN
REAL PROPERTY FROM THE PLANNED DEVELOPMENT DISTRICT
(PD 15 80) AND THE INDUSTRIAL (I) DISTRICT TO A REVISED PD
DISTRICT AND A P/QP DISTRICT (ZC09-001) AMENDING SAN RAFAEL
MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY AMENDING THE
TEXT AND MAP OF THE MARIN SANITARY SERVICE MASTER PLAN
FOR PROPERTY LOCATED AT 1050 ANDERSEN DRIVE AND 535-565
JACOBY STREET APN'S: 018-180-72 THROUGH -76, AND 018-141-03
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 201h day of July, 2015; a
SUMMARY of Ordinance No. 1933 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 August, 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
7th day of August, 2015
z
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1933
AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL
PROPERTY FROM THE PLANNED DEVELOPMENT DISTRICT (PD 15 80) AND
THE INDUSTRIAL (I) DISTRICT
TO A REVISED PD DISTRICT AND A P/QP DISTRICT (ZC09-001) AMENDING
SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY
AMENDING THE TEXT AND MAP OF THE MARIN SANITARY SERVICE
MASTER PLAN FOR PROPERTY LOCATED AT 1050 ANDERSEN DRIVE AND
535-565 JACOBY STREET
APN' S: 018-180-72 THROUGH -76, AND 018-141-03
WHEREAS, Marin Sanitary Service (MSS) submitted zoning applications ZC09-
001, UP09-020, ED09-031 and S09-002 to amend its current Master Plan in order to
address minor changes to its operational use areas, open space lands, and an unpermitted
expansion of mini -storage uses on its properties at 1050 Andersen Drive and 535-565
Jacoby Street, totaling 82.15 acres and located within the PD 1580 and I zoning districts;
and
WHEREAS, the zoning applications include a concurrent request by MSS and the
Golden Gate Bridge Highway & Transportation District (GGBHTD) to rezone 2.78 acres
of lands owned by GGBHTD from PD1580 to P/QP and separately to permit (UP14-006)
the existing outdoor storage uses as interim uses on the property; and
WHEREAS, on June 23, 2015, 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, by adoption of a separate resolution, the Planning Commission
recommended adoption of a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (MMRP) prepared for the MSS Master Plan Amendment Project
as the CEQA environmental document for the project; and
WHEREAS, on July 20, 2015, 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 Mitigated
Negative Declaration and MMRP for the Marin Sanitary Service 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 15-06 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
Marin Sanitary Service Master Plan PD rezoning map and development standards from
PD1580 to revised PD for the 82.15 acre property (APN'S: 018-180-72 through -76), and
rezoning map of the 2.78 acre Golden Gate Bridge District Property (APN: 018-141-03)
from PD 1580 to P/QP, and property `Legal Descriptions' 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.
2
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of
those Councilmembers voting for or against the Ordinance.
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1933 was read and introduced at a regular meeting
of the City Council of the City of San Rafael on Monday, the 20`h day of July, 2015, and
was ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: Gamblin
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 August, 2015.
ESTHER C. BEIRNE, City Clerk
Kj
Attachment A
Marin Sanitary Service (MSS) Planned Development (PD)
Zoning District & Development Standards
A. Planned Development District Area
The land area included in the MSS PD zoning district shall include 82.15 acres of the MSS
property depicted on the attached Land Use Map exhibit (attachment B) incorporated by reference,
and legal MSS property description exhibit (in attachment C) incorporate by reference,
encompassing approximately 82.15 acres.
B. Purposes
The primary purposes of this PD district are to implement the properties General Plan 2020
Industrial and Conservation land use designations as follows:
1) Establish permanent and interim uses and activities on the industrial
designated Marin Sanitary Service waste management facility property that
serves City of San Rafael and Marin County residents by providing municipal
waste handling and recycling facilities, composed of a variety of waste
management activities and uses including but not limited to solid waste and
hazardous materials collection, processing, transfer, storage, treatment,
disposal, composting, resource recovery and recycling operations, debris box
and interim storage container and ancillary animal keeping activities; and
2) Continue to protect and preserve the existing prominent scenic hillside open
space and San Quentin ridgeline area located on the open space/conservation
designated portion of the Marin Sanitary Service property in a natural state.
C. Master Use Permit Requirement
To promote the purposes of this PD district, all uses on the property shall be
conditionally permitted under a Master Use Permit, which shall identify the
activities permitted within designated land use areas shown on the Zoning District
and Land Use Map exhibit and described herein.
D. Land Use Areas
Industrial - Operational Areas: The operation areas (Areas A through D) may be
used for municipal waste management. Uses shall be established by conditional
use permit.
Conservation - Open Space Areas: The open space (Area E) shall be restricted as
private open space, and may only maintain an existing legal nonconforming 1,886
square foot private maintenance storage shed, a small bee keeping use, animal
grazing for vegetation management, and maintenance of permitted paved and
91
unpaved fire access roads. Routine maintenance of trees and vegetation is also
permitted for fire management purposes. Fencing, signage and boundary markers
shall designate the open space area boundary and prevent encroachment with
operational activities.
E. General Development Standards
Floor Area: Industrial use Areas A through D shall be subject to a 0.38 industrial
floor area limitation for storage and industrial facility operations, including up to
twenty-five percent (25%) administrative office space allowance. Mini -storage
uses may be permitted to exceed the floor area limitation, consistent with the
provisions of the Zoning Ordinance.
The open space/conservation use Area E shall be subject to a 0.0 floor area
allowance; except that one existing legal non -conforming 1,886 square
maintenance/storage structure may be maintained in good repair and condition
consistent with the nonconforming use and structure provisions of the Zoning
Ordinance.
Yards: The minimum required front yard setback from Andersen Drive shall be
10 feet. This setback shall be landscaped.
Maximum Building Height: 36 feet
Minimum Landscaping: 10%
Development of the site with additional structures, uses or improvements shall be
reviewed based on the San Rafael Zoning Ordinance requirements (i.e., Site and
Use Regulations, Performance Standards, Signs, and Environmental and Design
Review). Should any conflicts arise between the provisions of this PD district and
the additional Zoning Ordinance development standards, the community
development director shall which standard is appropriate.
F. Parking Requirements:
Parking for uses shall be established by the Master Use Permit, based on the San
Rafael Zoning Ordinance Parking Tables.
G. Amendments
Revisions to these MSS PD Development District and Zoning Standards document may be
considered consistent with the provisions established in the Zoning Ordinance
[End of PD Document Text]
Attachment B
PD and P/QP Zoning District and Land Use Map
Zoning
SANITARY SERVICE (MSS) PI) REZONING
AND
GOLDEN GATE BRIDGE AND HIGHWAY TRANSPORTATION DISTRICT (GGBHTD)
P/QP REZONING
P -D PERUMM UHS
PD - 111 EN "SWE
PD - INDUSMVL
VCHHM K:!:PERTY ;,"OP
A. ES AS SIPE!! IFIEll, BY A 11 PZ PERMIT
ApRl(r,ED By THE 111LANN lhi, (IWUF�':1014
9
PEF 11MIRTH
Exhibit C
Legal Descriptions
C,
Oberkamper & Associates June 16, 2015
Civil Engineers, Inc. Job No. 10-121
Legal Description
Lands of Golden Gate Bridge Highway and Transportation District
AP# 18-141-03
That certain parcel of land conveyed to the Golden Gate Bridge, Highway and Transportation
District by deed recorded May 13, 1997 as 97-024884, Marin County Records, more particularly
described as follows
Beginning at the most northerly corner of said property a, shown and delineated by the Record
of Survey recorded in Book 2007 of Maps at page 2 1, Marin County Records; thence southerly
along the easterly line of said property being a curve concave to the West, having a radius of
1096.21 feet, through a central angle of 22 0447 for a distance of 422.44 feet; thence South
11 54'28" East, 446.97 feet; thence along a curve conca% e to the West, tangent to the preceding
course, having a radius of 768.97 feet, through a central angle of 24 37'58" for a distance of
330.60 feet; thence on a radial bearing of North 77 16'30" West, 25.00 feet; thence southerly
along a curve conca%re to the West, having a radial bearing of North 77 16'30" West, having a
radius of 743.97 feet, through a centrdl angle of 24 18'47" for a distance of 315.70 feet; thence
on a radial bearing of South 52 57'43" East, 25.00 feet ; thence southerly along a curve concave
to the West, having a radial bearing of North 52 15743 West, having a radius of 768.97 feet,
throuah a central an -le of 3 33' 15" for a distance of 47.70 feet; thence South 40 35'32" West,
107.98 feet to the most southerly comer of said property; thence along the westerly line of said
property, North 15 03'01" East, 226.59 feet; thence northerly along a curve concave to the
West, tam'ent to the
20 04'00" for a distance of 406.24 feet; thence North 20 06'07" East, 147.73 feet; thence
North 5 53'53" West, 69.60 feet� thence North 46i 19'53" West, 83.53 feet; thence North
07 19'52" West, 45.60 feet� thence North 09 49'07" East, 69.32 feet; thence North 11 04'53*'
West, 69.20 feet; thence North 74 58'07 East, 59.60 feet; thence North 11 45'56" West,
9 1. 10 feet; thence northerly along a curve concave to the West, having a radius of 1066.21 feet,
through a central angle of 18 3641 for a distance of 346.34 feet; thence North 07 t9'56"
West, 71.26 feet to the point of beginning.
lco:cs
Yj
LEGAL DESCRIPTION
NIARIN SANITARY SERVICE
APN 18-180-72, 73, 74, 75, 76
and is described us
►' 9:
Imilt "41VIDW41
BEGINNING at a point on the Northerly line of the Old County Road leading from San Rafael to
San Quentin, now known as Jacoby Street, said point being distant South 44' 17' East 206.943 feet
from the most Southerly corner of that certain parcel described in Deed from J.E. Davis to Roland
N. Fisher and recorded April 4, 1947 in Book 544 of Official Records at Page 374, Marin County
Records; running thence along the Northerly right of way line of Jacoby Street South 42' 48' 27"
East 88.09 feet; South 56' 08' 23" East 131.50 feet; South 701 35' East 268.82 feet; thence South
38' 26' 50" West 63.48 feet to a point on the Southerly right of way line of Jacoby Street; thence
along said right of way line North 70' 35' West 255.19 feet; North 57' 09' West 145.96 feet; North
43' O1' West 530.23 feet; thence South 09' 01'34" West 219.52 feet to a point on the Easterly right
of way line of the former Northwestern Pacific Railroad; thence Southwesterly along a curve to the
right, tangent to the preceding course an arc distance of 475.13 feet having a radius of 969.00
through a central angle of 31 19'36"; thence tangent to the curve South 40' 2P 10" West 316.80
feet to a point on the Easterly right of way of Highway 101; thence along said right of way South
15' 02' 37" West 1.66 feet; thence South 28' 51'40" East 67.25 feet to the corner of the property
conveyed to Marin Municipal Water District by deed recorded as 95-055234, Marin County
Records; thence along said MMWD property line South 89 11'31" East, 300.00 feet; thence South
00 48'29" West, 309.61 feet to a point on the crest of Southern Heights Ridge and the City Limits
of San Rafael; ; South 89' 20' 01" East 321.60 feet; North 88' 04' 28" East 150.06 feet; South 2 1'
17' 14" East 577.12 feet; South 63' 50' 42" East 412.69 feet; South 44' 42' 50" East 129.64 feet'
South 45' 27' 42" East 396.10 feet; South 50' 57' 42" East 607.53 feet; thence leaving said City
Limits Line North 41 27' 18" East 1576.76 feet to a point on the former centerline of the 60' right
of way once known as the San Rafael -San Quentin Toll Road; thence along said centerline North
57' 15' West 20.47 feet-, thence North 81" 32' West 204 80 feet; thence South 69 54' Wc%t,20150
feet; thence South 72 59' West, 116.60 Feet; thence Nurth84 06' West, 384.90 feet-, thence
North66 49' West. 92.20 feet; thence North 52 28' West, 245.10 feet; thence North 43 10'
West, 176.80 feet; thence North 12 13' West, 406.10 feet; thence North 48 36' West, 95,60 feet,
thence North 77 03' West, 3.54 feet; thence leaving said centerline, North 15 52' East 63.05 feet,
thence North 74' 58' West 365,12 feet, thence North 38 26" 50" East 500.96 feet to the Southerly
right of way line of Andersen Drive, thence along said right of way line North 49' 05' West 647.27
feet; thence Northwesterly along a curve to the left, tangent to the preceding course an arc distance
of 91.58 feet having a radius of 96400 feet through a central an. -le of 05" 26' 35', thence North 58'
32'35" West 36.27 feet, thence South 38' 18' 17" West 663,47 feet to the point of beginning