HomeMy WebLinkAboutCC Resolution 14775 (999 3rd Street - Approving General Plan Amendments)
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RESOLUTION NO. 14775
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING AMENDMENTS (GPA18-
001) TO THE SAN RAFAEL GENERAL PLAN 2020, INCLUDING: A) AMENDING LAND USE
ELEMENT EXHIBIT 6: FLOOR AREA RATIO (FAR) MAPS; AND B) LAND USE ELEMENT
EXHIBIT 10: HEIGHT BONUSES, TO ALLOW THE DEVELOPMENT OF TWO 72-FOOT
TALL, FOUR-STORY RESEARCH AND DEVELOPMENT BUILDINGS ON A 133,099 SQ. FT.
PARCEL AT 999 3rd St AND ADJACENT
SAN RAFAEL CORPORATE CENTER
(APN’s: 011-265-01, 013-012-38 and -39 and 013-021-50, -51, -52 -53, -54, -55)
WHEREAS, in November 2004, the City of San Rafael adopted the San Rafael General
Plan 2020 and certified the supporting Final Environmental Impact Report for the plan; and
WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin), in conjunction
with Whistlestop/Eden Housing, submitted project applications to the City of San Rafael
Community Development Department for a General Plan Amendment (GPA19-001), Zoning
Text Amendment (ZO18-003), Planned Development (PD) Rezoning (ZC18-002), Master Use
Permit (UP18-034), Environmental and Design Review Permit (ED18-087), and Development
Agreement (DA19-001) for the development of two, 72-foot tall, four-story laboratory/research
and development and office buildings totaling 207,000 sq. ft., for BioMarin and a 67-unit, 70-foot
tall, six-story senior center and affordable senior housing building for Whistlestop/EDEN
Housing on a 133,099 sq. ft. parcel at 999 3rd Street; and
WHEREAS, the total development for BioMarin includes a request to include 118,099
square feet of the 999 3rd Street property to be incorporated into the existing San Rafael
Corporate Center (SRCC) PD District. The total site area of the amended SRCC campus would
be 795,021 sq. ft.; and
WHEREAS, the project application for BioMarin includes a request to modify the existing
Floor Area Ratio (FAR) for the 118,099 square feet of the 999 3rd Street property from 1.50 to
0.90 and a request to modify the existing FAR for the SRCC from 0.75 to 0.90. The total FAR of
0.90 for the newly amended SRCC would allow the two proposed buildings of the BioMarin
project, totaling 207,000 sq. ft., to be included in the total allowed campus development of
715,519 sq. ft.; and
WHEREAS, on February 28, 2019, in accord with California Government Code Section
65352.3(a), specifically the directive of Senate Bill 18 (SB18), the Department of Community
Development Department staff sent an offer for tribal consultation to the representatives of the
Federated Indians of the Graton Rancheria (Federated Indians). Tribal consultation is required
for all projects that propose an amendment to the local General Plan. The purpose of the tribal
consultation is to consult with the local tribe representatives on potential impacts to Native
American places, features and objects described in Section 5097.9 and 5097.993 of the
California Public Resources Code. The prescribed 90-day period was observed for the
Federated Indians to respond to the offer, but the City received no response; and
WHEREAS, following the initial filing of the BioMarin/Whistlestop/Eden Housing planning
applications, the City commenced with environmental review of the project. Consistent with the
California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual, the appropriate steps were followed to
complete environmental review of the project, which included: a) the publication of a Notice of
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Preparation (NOP) in February 2019 for the purpose of scoping the topic areas of study for the
preparation of an Environmental Impact Report; b) the preparation and publication of a Draft
Environmental Impact Report (DEIR) in August 2019, which included a 45-day public review
process and Planning Commission public hearing for commenting on the DEIR; and c) the
preparation of a Final Environmental Impact Report (FEIR) by responding to all comments made
and submitted on the DEIR; and
WHEREAS, the FEIR assesses the environmental impacts of the proposed amendment
to San Rafael General Plan 2020 to allow for the FAR modification and Height Bonus for the
subject property. The FEIR finds that the proposed amendment to the General Plan will not
result in significant impacts, in that it would not be in potential conflict, with San Rafael General
Plan 2020 Land Use Element 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), Neighborhood Element Policies NH-15 (Downtown Vision),
NH-16 (Economic Success), NH-38 (Lindaro Office District) and NH-8 (Parking), which are
adopted for the purpose of avoiding or mitigating the physical, environmental effect of new
development; and
WHEREAS, the FEIR states that there is a conflict with the San Rafael General Plan
2020 Land Use Element Policy LU-2 (Development Timing) and Circulation Element Policy C-5
(Traffic Level of Service), because of the significant and unavoidable traffic impacts to the local
circulation network, which would result from the proposed project. According to Public
Resources Code Section 21082.2, subdivisions (a) and (e), the lead agency (City) is tasked with
determining the significance of impacts and statements in an FEIR are not determinative of
significance. As set forth in the CEQA findings for this project, adopted by the City Council by
separate resolution, the City has conservatively found that the project will lead to significant and
unavoidable impacts related to the potential consistency issue. The City, however, has
determined that the project is consistent with all of the pertinent General Plan goals and
policies, including Policies LU-2 and C-5. Specifically, Policy C-5 allows the City to approve
projects that exceed the level of service (LOS) standards if it finds that the benefits of the project
to the community outweigh the resulting traffic impacts. The project, therefore, meets the traffic
standards set forth in the San Rafael General Plan 2020. Further, because the project meets
the traffic standards set forth in Policy C-5, and other infrastructure such as water and sewer is
in place, the project is consistent with Policies LU-2. As explained in the FEIR, per CEQA
Guidelines Section 15063, in order to adopt the proposed amendment to the San Rafael
General Plan 2020, the City must weigh the benefits of the project against the unavoidable,
adverse environmental (traffic) effects of the project and adopt a statement of overriding
consideration. Similar findings are required by San Rafael General Plan 2020 Circulation
Element Policy C-5D (Evaluation of Project Merits) and Program C-5c (Exception Review),
which permits the City to approve a project that exceeds the LOS standards if the City finds that
the project’s benefits to the community outweigh the project’s traffic impacts; and
WHEREAS, in considering the General Plan Amendment application, the City Council
has reviewed and weighed the proposed project benefits against the unavoidable, adverse
environmental effects. By separate resolutions, consistent with CEQA Guidelines Section
15063 and consistent with San Rafael General Plan 2020 Circulation Element Policy C-5D
(Evaluation of Project Merits) and Program C-5c (Exception Review), the City Council adopted
the CEQA Findings of Fact, an exception to the Circulation Element Policy C-5 (Level of
Service), and a Statement of Overriding Considerations, which supports approval of the
proposed project and the accompanying General Plan Amendment application (GPA18-001).
This separate resolution also approves a Mitigation Monitoring and Reporting Program (MMRP)
to ensure that required mitigation measures are incorporated into project action; and
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WHEREAS, on January 28, 2020, the Planning Commission, through the adoption of
separate resolutions, recommended to the City Council 1) adoption of the Planned Development
(PD) Rezoning (ZC18-002), 2) adoption of Zoning Ordinance Text Amendment (ZO18-003), 3)
approval of a Development Agreement (DA19-001), and 4) approval of Master Use Permit
(UP18-034), Environmental and Design Review Permit (ED18-087), Small Subdivision (S18-
001), and Sign Program Amendment (SP18-18-006); and
WHEREAS, on February 28, 2020, a Notice of Availability for the FEIR/Response to
Comments was mailed to interested persons and property owners and occupants within 500
feet of the property and to all responsible, trustee and other public agencies that commented on
the DEIR, informing them of the City Council hearing for final action. A Notice of Availability was
also published in the Marin Independent Journal on Saturday, February 29, 2020 and the site
was posted with public hearing signs; and
WHEREAS, on March 23, 2020, the City Council held a duly noticed public hearing to
review the 999 3rd Street BioMarin/Whistlestop/EDEN Housing Project and considered all oral
and written public testimony and the written report of the Community Development Department;
and
WHEREAS, on March 23, 2020, by adoption of two separate resolutions, the City
Council certified the FEIR, adopted CEQA findings of fact, adopted a statement of overriding
consideration and approved the Mitigation Monitoring and Reporting Program (MMRP); 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 approves General Plan
Amendment application GPA18-001, amending the San Rafael General Plan 2020 as follows:
Modify Exhibit 6 in the Land Use Element to create a new 0.90 FAR for the total
revised San Rafael Corporate Center campus. The 999 3rd Street site has a FAR
maximum of 1.50, while the current SRCC PD District has a FAR maximum of 0.75. The
newly created FAR would preserve development rights on the SRCC PD District and
also allow for the total 207,000 sq. ft. of development of the proposed BioMarin project.
The proposed modified General Plan Exhibit 6 is shown as Exhibit A attached and
incorporated herein by reference.
Modify Exhibit 10 in the Land Use Element to create a new Height Bonus for 999 3rd
Street property to be combined with the existing San Rafael Corporate Center campus.
BioMarin has provided public benefits, including a development area for the Whistlestop/
EDEN Housing project, which is considered a significant public and community benefit.
The proposed modified General Plan Exhibit 10 is shown as Exhibit B attached and
incorporated herein by reference.
This General Plan Amendment is based on and supported by the following findings:
1. The proposed amendments to Land Use Element Exhibit 6 and Exhibit 10 would be
generally consistent with the related elements, goals, policies or programs of the San
Rafael General Plan 2020 in that:
a. Although the proposed amendment has the potential to be in conflict with San
Rafael General Plan 2020 Land Use Element Policy LU-2 (Development Timing)
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and Circulation Element Policy C-5 (Traffic Level of Service), which are adopted
for the purpose of avoiding or mitigating a physical, environmental effect
associated with traffic, the City Council has determined, through adoption of a
separate resolution of CEQA Findings of Fact and Statement of Findings of
Overriding Consideration, that the benefits of the General Plan amendment
outweigh the unavoidable, adverse environmental effects of the action. These
findings conclude that the amendments would be consistent with and implement
Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c
(Exception Review), which acknowledge that the City may approve an action that
would exceed the LOS standards set by Policy C-5, if the City finds that the
benefits of the project to the community outweigh the traffic impacts. The
findings in this separate resolution are reaffirmed herein to support this action to
amend the San Rafael General Plan 2020.
b. The action would be consistent with and implement San Rafael General Plan
2020 Neighborhood Element Program NH-40, which encourages the
redevelopment of the project site with a mix of uses that would also extend the
uses of the SRCC.
c. As drafted, overall, the amendments would be consistent with: a) Neighborhood
Element Policy NH-40 (Second Third Mixed Use District) and NH-41 (Second/
Third Mixed Use District Design Considerations), by promoting a high quality
mixed-use development in the downtown designated areas; b) Economic Vitality
Element Policies EV-2 (Seek, Retain and Promote Businesses that Enhance San
Rafael), EV-4 (Local Economic and Community Impacts), EV-8 (Diversity of our
Economic Base), and EV-13 (Business Areas) by broadening, with limited
application, the uses that are permitted in areas that are designated for general
commercial and office land uses.
2. The public interest would be served by the adoption of the proposed amendments to
Land Use Element Exhibit 6 and Exhibit 10, which would modify the permitted Floor
Area Ratio and maximum Height Bonus for the 999 3rd Street property to be included
in the newly modified San Rafael Corporate Center in that:
a. This action would be consistent with and implement San Rafael General Plan
Land Use Element LU-9 (Intensity of Nonresidential Development), with an
appropriate development intensity based on consistency with the following
factors: site resources and constraints, traffic and access, potentially hazardous
conditions, adequacy of infrastructure, and City design policies.
b. The proposed blended 0.90 Floor Area Ratio will reduce the existing 999 3rd
Street FAR but raise the existing SRCC FAR from 0.75 to 0.90. The net change
will result in a total floor area that will be an increase in 30,678 sq. ft. for the
newly modified total project area.
c. This action would be consistent with and implement San Rafael General Plan
Neighborhoods Policy NH-40 (Second Third Mixed Use District). Program NH-
40, which is specific to the Second/Third Mixed Use District in the downtown
area, encourages the redevelopment of the project site with a mix of uses that
would also extend the uses of the SRCC. As anticipated, the proposed land use
change to the General Plan has been initiated and proposed in conjunction with
the expanded San Rafael Corporate Center PD District.
d. This action would provide desired public benefits and amenities as described in
the modified Exhibit 10, including: Affordable housing (minimum 60 units), a
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privately-owned public plaza (5,000 sq. ft. or more in size), a community facility
(e.g. senior center, 10,000 sq. ft. or more in size), pedestrian crossing safety
improvements at adjacent intersections, and donation of funds for development
of bik e lanes. These public benefits would be consistent with other public benefit
requirements for height bonuses for developments in the downtown area.
e. This action would not be growth inducing nor would it be precedent setting as the
property and proposed square footage addition would be consistent with the
development standards and land uses included in the existing San Rafael
Corporate Center. The development of proposed project at this location would be
in the public interest in that it would further the policies of the General Plan by
developing an infill property within the downtown area of San Rafael. In
summary, as the proposed amendments would not result in similar development
increases for other areas of San Rafael, the action would not be precedent
setting or growth-inducing.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of the City of
San Rafael, held on Monday, the 23rd of March 2020, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
Attachment 3
Attachment 3 - Exhibit A-1
Exhibit A
Amendment to General Plan 2020 Exhibit 6 – FAR
Attachment 3
Attachment 3 - Exhibit B-1
Exhibit B
Amendment to General Plan 2020 Exhibit 10 – Height Bonuses
Note: New language illustrated with underline text
Location Maximum
Height
Bonus
Amenity
(May provide one or more of the following)
Fourth Street Retail Core Zoning
District
12 feet Affordable housing
Public courtyards, plazas and/or passageways (consistent
with Downtown Design Guidelines)
Public parking (not facing Fourth Street)
PG&E site in the Lindaro Office
land use district
24 feet Park (privately maintained park with public access, adjacent
to
Mahon Creek; an alternative is tennis courts tied to Albert
Park.)
Community facility (10,000 sq. ft. or more in size)
Second/Third Mixed Use East
Zoning District
12 feet Affordable housing
Public parking
Overhead crosswalks Mid-block passageways between
Fourth Street and parking on Third Street
999 Third St
20 feet Affordable housing (minimum 60 units)
Privately owned public plaza (5,000 sq. ft. or more in size)
Community facility (e.g. senior center, 10,000 sq. ft. or more
in size)
Pedestrian crossing safety improvements at adjacent
intersections
Donation of funds for development of bike lanes
Second/Third Mixed Use West
District, north of Third Street and
east of C Street
18 feet Public parking
West End Village 6 feet Affordable housing
Public parking
Public passageways (consistent with Downtown Design
Guidelines)
Lincoln Avenue between
Hammondale and Mission
Avenue
12 feet Affordable Housing See NH-120 (Lincoln Avenue)
Marin Square
12 feet Affordable housing
North San Rafael Town Center
24 feet Affordable housing
Citywide where allowed by
zoning.
12 feet Hotel (1)