Loading...
CM 1600 Los Gamos; 2015COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING THE COUNTY -OWNED "MARIN COMMONS" PROPERTY AT 1600 LOS GAMOS ROAD (APNs 165-220-10 and 11), LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF SAN RAFAEL This Cooperation Agreement is made this /0'r``day of , July 2015 by the County of Marin ("County") a political subdivision of the State of California and the City of San Rafael ("City") a political subdivision of the State of California. RECITALS WHEREAS, in 1979, the City of San Rafael adopted Ordinance 1350, establishing a Planned Development Zoning District (PD -1350 District) approving a Master Plan for development of a 35 -acre property on Los Gamos Road, south of Lucas Valley Road. The PD -1350 District authorized the development of the 35 - acre site (referred to as the "Lucas Green I and II" complex) with a 490,000 square -foot office park and computer center for the Fireman's Fund Insurance Company; and WHEREAS, the office park/computer center was approved and developed with two buildings and surface parking that include: a) a 340,000 square -foot computer center/office building and surface parking located at 1600 Los Gamos Road, which covers 23.5 -acres contained on APN 165-220-10 and 11; and b) a 150,000 square -foot computer center/office building and surface parking located at 1650 Los Gamos Road, which covers approximately 11 acres contained on APN 165-220-12 and 13; and WHEREAS, in 1990, the City of San Rafael adopted Ordinance 1590, which repealed Ordinance 1350. Ordinance 1590 established PD -1590 District expanding the "Lucas Green I and 11" Master Plan to include a Transportation Systems Management Plan (TSM) for Fireman's Fund. The PD -1590 District limits use of the property to a computer center (research and development) and general office use. Since PD -1590 does not specifically address accessory uses, the City historically has applied the "Office District" or "0" zoning regulations set forth in San Rafael Municipal Code (SRMC) Chapter 14.05 to govern accessory uses allowed within PD -1590, pursuant to the authority of SRMC section 14.07.035; and WHEREAS, in the early 1990's, the 35+ acre property was sold and Fireman's Fund relocated its office and computer to other facilities in Marin County. In 1994, a Parcel Map of the "Lucas Green I and II" complex was recorded (PM25-63), which divided the property into two parcels: a) Parcel 1 covering the 23.5 -acres contained in APN 165-220-10 and 11; and Parcel 2 covering 11 acres contained in APN 165- 220-12 and 13 ;and WHEREAS, since the 1990's, the property known as "Lucas Green I and II" has been sold several times and was most recently renamed "Marin Commons." Further, during this period, because accessory uses were not specifically addressed in PD -1590, the City approved several Use Permits for office -related uses, including UP08-029, which authorized the establishment and operation of a child care center in 9,700 square -feet of building area on Parcel 1 and a food service use in the building on Parcel 2, as accessory uses under the Office District "0" designation under SRMC Section 14.05; and WHEREAS, in 2011, the County of Marin purchased Parcel 1 at Marin Commons to house the County's Emergency Operations Facilities (EOC) and other uses. Parcel 1 at Marin Commons is presented in Exhibit A; and 1 -,3 _ piA WHEREAS, as a County of Marin -owned and occupied property within the corporate limits of the City of San Rafael, the County has the ability and has decided to divest this property from City of San Rafael land use, zoning and building -related approvals and permits. As such, it is prudent that the County and City enter into this Cooperation Agreement so that there is a clear understanding of what is expected of the County and the City under this arrangement. NOW, THEREFORE, BE IT RESOLVED that the City and County agree to cooperate as follows: 1. So long as the County maintains fee ownership and occupancy of Parcel 1 at Marin Commons, all land use, zoning and planning permits, building permits, and Public Works permits for County of Marin uses shall be administered and issued by and filed with the County. It is agreed that the County may lease Parcel 1 to a private business to facilitate managing the operation of the building on behalf of County and leasing of space not occupied by the County in the building located on Parcel 1, consistent with this Cooperation Agreement. 2. If, during the County's ownership of Parcel 1 at Marin Commons, portions of the property are leased to a private business, organization or use, the County shall ensure that the use is consistent with the PD -1590 District, including accessory uses consistent with the City's "O" zoning designation, consistent with the practice implemented by City prior to County's purchase of Parcel 1. For such tenants and accessory uses, all building or public works -related permits for tenant improvements associated with the private business, organization or use shall be administered and issued by the County of Marin. City and County agree that the current practice of the City of San Rafael Fire Department's review and approval of tenant improvement plans, and inspection of construction, for fire safety shall continue for all construction, whether for County's use or for private use. 3. All construction work conducted within the Los Gamos Road public right-of-way shall require the approval or appropriate permits and clearances by the City Public Works Department (e.g., encroachment permit or license agreement). 4. Should the County lease Parcel 1 at Marin Commons, in its entirety, to a private business, organization or use for completely non -County occupancy, all local zoning, building and Public Works review and permits shall be administered by the City of San Rafael. 5. Should the County propose or authorize an expansion of the building area for other uses resulting in new building area, the County and City agree to meet and confer to determine the process for authorizing the new building area and addressing potential impacts to the City of San Rafael of the additional/new building area. 6. Should the County sell Parcel 1 at Marin Commons, all records of and construction plans for County -issued planning permits, building permits and Public Works permits shall be forwarded to the City for the City records. 2 In Witness Whereof, the Parties have executed this Cooperation Agreement on the date below: COUNTY OF MARIN Ma thew Hymel,V,/rl untyAdminis forDate: 1j ATTEST: APPROVED AS TO FORM: Marin County DWputy County Counsel EXHIBIT A- Parcel 1 At Marin Commons 3 CITY OF SAN RAFAEL -)t"W4"16 Nancy Mackie, City Manager Date: —71 q 1 ATTEST: Esther Beirne, City Clerk APPROVED AT TO FORM: -65 Rob Epstein, Cit Attorne Order Number: NCS -475655 -CC Page Number: 8 Exhibit A LEGAL DESCRIPTION Real property in the City of SAN RAFAEL, County of Marin, State of California, described as follows: PARCEL 1 AS SHOWN UPON THAT CERTAIN PARCEL MAP ENTITLED, "PARCEL MAP LANDS OF KRONOS PROPERTY HOLDINGS NV D.N. 84-0058614 PARCEL MAP BEING A RESUBDIVISION OF PARCEL 1 (WEST) BOOK 19 OF PARCEL MAPS, PAGE 56 & A RESUBDIVISION OF PARCEL 1 BOOK 22 OF PARCEL MAPS, PAGE 39, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA", FILED FOR RECORD FEBRUARY 28, 1994 IN VOLUME 25 OF PARCEL MAPS, AT PAGE 63, MARIN COUNTY RECORDS. TOGETHER WITH AND RESERVING THEREFROM AN EASEMENT FOR ACCESS PURPOSES AS THE SAME IS SHOWN ON THE PARCEL MAP REFERED TO HEREINABOVE. RESERVING THEREFROM AN EASEMENT FOR PARKING PURPOSES, APPURTENANT TO PARCEL 2, AS SAID PARCEL AND EASEMENT ARE SHOWN ON THE PARCEL MAP REFERED TO HEREINABOVE. APN: 165-220-10, 165-220-11 First American Title Insurance Company