HomeMy WebLinkAboutOrdinance 1715 (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. 1715 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 GENERAL COMMERCIAL
DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE:ZC97-1, 655
IRWIN STREET, AP NOS. 13-032-01, 02, 04, 05, 06 AND A PORTION OF 13-
021-38) (SHAMROCK CENTER)".
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 6th day
of OCTOBER, 1997, a summary of Ordinance No. 1715 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 20th day of OCTOBER, 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
22nd day of OCTOBER, 1997.
�� A��,��-(Seal )
JEAN W. LEONCINI,\City Clerk
ORDINANCE NO. 1715
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 GENERAL COMMERCIAL DISTRICT TO THE PD
(PLANNED DEVELOPMENT) DISTRICT
(RE: ZC97-1, 655 Irwin Street, AP NOS. 13-032-01, 02, 04, 05, 06 and a
portion of 13-021-38)
(Shamrock Center)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, the existing General Commercial District contains development standards for
general commercial uses; 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 zone change, and
recommended to the City Council approval of the proposed zone change; 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,
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 -14d.,
Intensity of Commercial and Industrial Development, LU -19, Design Approach, LU -21, Building
Height, LU -24, Entryways to the City, LU -30, Street Tree Planting, LU -35, Project Design
(3k."A. I I 1s
Considerations, and LU -44, Lot Consolidation; Circulation Policies C-1, Level of Service, and
C-18, Area Transportation Improvement Program; Natural Environment Policy NE -17, Creek/
Drainageway Setback; Safety Policies S-4, Geotechnical Review, S-7, Potentially Hazardous
Soils Conditions, S-21, Fire Safety of New Development, and S-23, Safety Review of
Development Projects; Francisco Blvd. West Policies FBW-2, Specialty Retail Uses, FBW-8,
Unused Portions of the NWP Right -of -Way, FBW-10, Highway 101 Frontage Area Design,
FBW-14, Relationship with Bret Harte Neighborhood, and FBW-25, San Rafael Creek; 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 site is surrounded with other commercial
uses, the proposed development standards are consistent with the development standards of the
standard General Commercial district and the design incorporates visibility from the freeway and
a pedestrian walkway through the site connecting to the future pedestrian path adjacent to Mahon
Creek; 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 site consists of
several parcels which the Planned Development District will combine as one site; and,
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 project has been reviewed and
conditioned by the appropriate agencies and the auto, bicycle and pedestrian traffic system has
met circulation needs and public safety and emergency vehicle access is provided.
-2-
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 GC (General Commercial) District to PD (Planned Development - Ordinance No. 1715 )
District. Said property so reclassified is located at 655 Irwin Street, San Rafael, as shown on
County Assessor's Parcel Number(s) 13-032-01, 02, 04, 05, 06 and a portion of 13-021-38, per
legal descriptions attached as Exhibits `B", "C" and "D".
DIVISION 2. Any development of this property shall be subject to the conditions outlined in
Exhibit "A", the Shamrock 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.
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.
-3-
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.
t Gl
ALBERT . BORO, Mayor
Attest:
JEAT�i M. LEONCINI, City Clerk
The foregoing Ordinance Number 1715 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on the 6`h day of October. 1997 , and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: 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 201h day of October , 1997.
/k
JEN LEONCINI, City Clerk
EXHIBIT "A"
SHAMROCK CENTER PLANNED DEVELOPMENT DISTRICT
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 parcels 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
1. 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
1. 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
1. Lincoln Avenue - 25' to face of building; 7' to face of loading area screen wall.
2. Irwin Street - 15' to face of building
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. gross building area.
Shamrock Center Planned Development District
Page 2
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.
c) 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
1. Minimum required - 15%
F. Maximum Building Height
1. 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.
I. Trash Enclosures
1. All trash enclosures shall have a common design and shall be constructed of
materials matching the buildings.
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 modification to the approved plans shall be subject to review by the Community
Development Department and may require approval by the Planning Commission.
L. Maintenance of Improvements
1. Maintenance of the common areas, parking and drainage facilities shall be the
collective responsibility of all property owners. A Property Management Association
Shamrock Center Planned Development District
Page 3
shall be created with C. C. & R's which address this maintenance. The CC&Rs shall
be reviewed by the City Attorney and Community Development Department prior to
recordation. The CC&Rs shall be recorded concurrent with the Memorandum of
Ground Leases.
3. Uses
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
4. Exhibits
A. Exhibits on file with the Planning Department include the following:
1. Shamrock Center Illustrative Site Plan, PBM Architects, 9-10-97
2. Shamrock Center Shell Floor Plan/Hardscape, 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.
107589 -TE
DESCRIPTION
f All that certain real property situate in the City of San Rafael
County of Marin, State of California, described as follows:
PARCEL ONE:
EXHIBIT "B"
BEGINNING at a point in the Westerly line of Irwin Street 29.34 feet Southerly thereon
from its intersections with the Southerly line of that certain tract of land 50 feet in
width; described first in Deed dated August 21, 1882 from William T. Coleman to San
Francisco and North Pacific Railroad Company, recorded September 7, 1892 in Book 24 of
Deeds, Page 22, Marin County Records; also 46.97 feet Southwesterly at right angles,
from the center line of the originally located main track of the San Francisco and
North Pacific Railroad Company (now Northwestern Pacific Railroad Company); thence
South 60 30' West along said Westerly line of Irwin Street, 401.39 feet to the
Northeasterly corner of the parcel conveyed by la Terra, Inc., a corporation, to the
City of San Rafael, by Deed recorded October 4, 1961 in Book 1503 of Official Records
at Page 111, thence along the Northerly line of said parcel Southwesterly on a curve to
the right whose radius is 20.0 feet through a central angle of 770 21' 2511, a distance
of 27.0 feet, thence North 540 44' West 625.92 feet and thence on a curve to the right
whose radius is 473.0 feet and whose center bears North 350 16' East through a central
angle of 6° 29' 4811, a distance of 53.63 feet to the Northwesterly line of the parcel
conveyed by Northwestern Pacific Railroad Company, a corporation to La Terra Inc., a
corporation, by -Deed recorded -May 17;--1956--in Book 1020 of Official Records at Page
146, thence along said Northeasterly line and the extension thereof, North 500 36' East
35.266 feet and thence on a curve to the right whose radius is 468.43 feet a distance
of 646.46 feet to the point of commencement.
EXCEPTING therefrom those portions described in the following Deeds:
(1) to Hugo T. Lenci, et ux, recorded November 2, 1961 in Book 1512 at Page 349;
(2) to Shamrock Materials, Inc., a corporation, recorded July 3, 1963 in Book 1702 at
Page 398;
(3) to Frank A. Bertolli, et ux, recorded June 25, 1971 in Book 2476 at Page 95.
PARCEL TWO:
TOGETHER with an easement for roadway purposes over a strip of land 7.0 feet wide lying
Southwesterly of and adjacent to the course of "South 540 44' East 108.825 feet" as set
forth in deed from La Terra, Inc. to Hugo T. Lenci, et ux, recorded November 2,1961 in
Book 1512 of Official Records at Page 349,. Marin County Records.
PARCEL THREE:
BEGINNING at a point in the Westerly line of Irwin Street, 29.34 feet Southerly thereon
from its intersection with the Southerly line of that certain tract of land fifty feet
in width, described first in deed dated August 21, 1882 from William T. Coleman to San
Francisco and North Pacific Railroad Company, recorded September 7, 1892 in Book 24 of
Deeds at Page 22, Marin County Records; also 46.97 feet Southwesterly at right angles
from the center line of originally located main tract of the San Francisco and North
Pacific Railroad Company (now Northwestern Pacific Railroad Company); thence South 6°
30' West along said Westerly line of Irwin Street, 144.282 feet; thence leaving said
line of Irwin Street North 54" 44' West 73.377 feet; thence South 350 16' West 125.00
feet; thence North 540 44' West 358.00 feet; thence South 350 16' West 50.00 feet;
-Continued-
Legal Description (cont_ _ed)
thence North 540 44' West 55.00 feet; thence South 350 16' West 66.00 feet to a point
on the Northerly line of that certain parcel of land described in the deed to the
City of San Rafael, recorded October 4, 1961 in Book 1503 of Official Records at Page
111, Marin County Records, (Lincoln Avenue Extension); thence along said Northerly
(w line North 540 44' West 40.327 feet; thence Northwesterly along the arc of a curve to
the right having a radius of 473.00 feet through a central angle of 6" 29' 48" an arc
distance of 53.63 feet to a point in the Northerly line of lands conveyed by the deed
from Northwestern Pacific Railroad Company, a corporation, to La Terra, Inc., a
corporation, recorded March 17, 1956 in Book 1029 of Official Records at Page 146,
thence leaving said Northerly line of said avenue and running along said Northerly
line of said La Terra parcel North 500 36' East 35.266 feet, thence continuing
Easterly along the Northerly line of said La Terra, Inc., parcel and the Northerly
line of the lands conveyed by the Deed from E.M. Burke Lumber Co., a corporation, to
George L. Olson, et al, recorded July 27, 1954 in Book 874 of Official Records at
Page 299, along a curve to the right with a radius of 468.43 feet through a central
angle of 790 04' 17" a distance of 646.46 feet to the point of beginning_
105257 -TE
DESCRIPTION
All that certain real property situate in the City of San Rafael
County of Marin, State of California, described as follows:
PARCEL ONE:
EXHIBIT "C"
COMMENCING at the Northeasterly corner of that certain tract of land described in the
Deed from the Northwestern Pacific Railroad Co., to Bourke, recorded in the office of
the County Recorder for the County of Marin, in Vol. 523 of Official Records at Page
297; thence South 60 30' West 258.35 feet along the Easterly line of the above
mentioned tract as said tract is described in said Deed to Bourke, to the true point of
beginning; thence continuing South 60 30' West 102.672 feet along the Easterly line of
the tract of land first above mentioned, being also the Westerly line of Irwin Street;
thence leaving said line, North 540 44' West 158.235 feet, North 350 16' East 90.00
feet and South 540 44' East 108.825 feet to the true point of beginning.
PARCEL TWO:
AN EASEMENT for roadway purposes over a strip of land 7 feet in width lying
Northeasterly of, adjacent to and parallel with that certain course set forth in Parcel
One herein as "South 540 44' East 108.825 feet", the Easterly terminus of said strip to
terminate on the Westerly line of Irwin Street.
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CITY OF SAN RAFAEL-�y=
Assessor's Map Bk. 13 -Pg.-03
County of Marin, Calif.
EXHIBIT "D"
PARCEL ONE
Beginning at the intersection of the westerly line of Irwin Street with the northerly
line of the parcel described in the deed to E.M. Burke recorded July 13, 1946, in
Book 523 Oficial Records, Page 297, Marin County, California;
thence along said northerly line, on a curve to the left, whose radius point bears South
42°48'14" West 468.43 feet, through a central angle of 38°46'15", an arc length of
316.98 feet to the most northerly corner of the parcel conveyed to La Terra, Inc. by
deed recorded May 17. 1956, in Book 1029 Official Records. Page 146. Marin
County Records;
thence leaving said northerly line of Burke, and along said northerly line of La Terra
Inc., on a curve to the left, whose radius point bears South 04°01'59" West 468.43
feet, through a central angle of 40' 18'00", an arc length of 329.48 feet;
thence South 52'l 4'54" West 35.27 feet to the northeasterly line of Lincoln Avenue;
thence leaving said northerly line of La Terra, Inc., and along said northeasterly line
of Lincoln Avenue on a curve to the right, whose radius point bears North 43'24'42"
East 473.00 feet, through a central angle of 00 ° 17'21 ", an arc length of 2.39 feet to
the southerly line of the parcel granted to the San Francisco and North Pacific
Railway Company and the North Pacific Coast Railroad Company September 24,
1891, in Book 18 of Deeds, Page 130, Marin County Records;
thence along said southerly line on a curve to the left, whose radius point bears North
40°18'57" West 595.85 feet, through a central angle of 17°22'43", an arc length of
180.73 feet to the southwest corner of the parcel conveyed to Rice Supply, Inc. by
grant recorded July 1, 1952, in Book 750 Official Records, Page 378, Marin County
Records;
thence along the southerly line of said Rice Parcel, along a curve to the right, whose
radius point bears South 20°54'41" East 528.43 feet, through a central angle of
43°57'05", an arc length of 405.36 feet to the southeasterly corner of said Rice
Parcel;
Page 1
thence leaving said southerly line of Rice Supply, Inc. (750 2R 378), and along a
southeasterly extension of the northeasterly line of said Rice property South
40° 18'06" East 174.47 feet to the westerly line of Irwin Street;
thence along said westerly line of Irwin Street, South 08'08'54" West 9.63 feet to the
Point of Beginning.
Containing 0.71 acres.
Bearings are based on California Coordinate Grid System Zone 3.
END OF DESCRIPTION
ND
J0 G. STUBER j
3303
N� License expires
6-30-00
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Page 2
PARCEL TWO
Beginning at a point on the easterly line of the parcel granted to the San Francisco
and North Pacific Railway Company and the North Pacific Coast Railroad Companv
September 24, 1891, in Book 18 of Deeds, Page 130, Marin County Records, said
point also being the southwest comer of the parcel conveyed to Rice Supply, Inc. by
grant recorded July 1, 1952, in Book 750 Official Records, Page 378, Marin County
Records;
thence along said easterly line (1S Deeds 130), along a curve to the right, whose
radius point bears North 57°41'40" West 595.85 feet, through a central angle of
17°22'43", an arc length of 180.73 feet to the northeasterly line of Lincoln Avenue;
thence along said northeasterly line, on a curve to the right, whose radius point bears
North 43 °42'03" East 473.00 feet, through a central angle of 03 °02'18", an arc length
of 25.08 feet;
thence leaving said northeasterly line of Lincoln Avenue, along a curve to the left,
whose radius point bears North 40°07'11" West 570.85 feet, through a central angle
of 08'45'01", an arc length of 87.18 feet;
thence North 48°52'11" West 25.00 feet;
thence along a curve to the left, whose radius point bears North 48°52'11" West
545.85 feet, through a central angle of 08'49'29", an arc length of 84.07 feet;
thence South 57°41'40" East 50.00 feet to the Point of Beginning.
Containing 0.15 acres
Bearings are based on California Coordinate Grid System Zone 3.
END OF DESCRIPTION
Page 3
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[St]2 ENGINEERING GROUP, INC. SAN1 RAPAEL REDEVELOPMENT AGENCY
CONSULTING ENGINEERS EXHIBIT A-2
790 DeLong Ave., Novato,, CA. 94945-3246 THE AGENCY PARCEL
(415) 892-4763 FAX (415) 892-4502
0 1896 CITY OF SAN RAFAEL COUNTY OF MARIN CALIFORNIA
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