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HomeMy WebLinkAboutCC Resolution 14908 (BioMarin Development Agreement) 1 RESOLUTION NO. 14908 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE FIRST ANNIVERSARY ANNUAL REPORT FOR THE EXCUTED DEVELOPMENT AGREEMENT (ORDINANCE 1982) BETWEEN BIOMARIN PHARMACEUTICAL AND THE CITY OF SAN RAFAEL FOR THE DEVELOPMENT OF AN EXPANDED SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE AND 999 3rd STREET) CASE NO. P21-007 (APN’S: 011-265-01, 013-012-38 AND -39 AND 013-021-50, - 51, -52 -53, -54, -55) WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin), in conjunction with Vivalon (formerly Whistlestop)/EDEN Housing, submitted planning applications to the City of San Rafael Community Development Department for the development of the three-acre parcel located at 999 3rd Street (former PG &E property). The planning applications included: a) a General Plan Amendment (GPA18-001) and Zoning Text Amendment (ZO18-003); b) an amendment to the Planned Development (PD) District Amendment (ZC18-002); c) a Master Use Permit (UP18-034); d) an Environmental and Design Review Permit (ED18-087); e) a Development Agreement (DA19-001); f) a Small Subdivision/Tentative Parcel Map (S18-001); and g) and a Sign Program Amendment (SP18-006). These applications presented the development of two projects: BioMarin’s proposal to build two, 72-foot tall, four-story laboratory/research and development buildings, totaling 207,000 sq. ft. on a 115,680 square foot portion of this site; and the Vivalon/EDEN Housing proposal to build a 67-unit, 70-foot tall, six-story senior center and affordable senior housing building on a 15,000 square foot portion of this; and WHEREAS, the BioMarin applications included a request to incorporate its laboratory/research and development portion of the project into the existing, contiguous 15.5- acre San Rafael Corporate Center (SRCC) campus located south of 2nd Street. The application for the PD District amendment Z18-002 (referenced above) proposed to extend this District to include this 115,680 square foot portion of the 999 3rd Street site. The expanded SRCC campus would total 18 acres; and WHEREAS, the Development Agreement DA19-001 application filed by BioMarin requested a 10-year time frame for buildout of the expanded campus approvals, which would freeze the development application and impact fees for this 10-year period. In exchange for this vested time period, BioMarin offered the City a series of public benefits as consideration for the Development Agreement. Vivalon/EDEN Housing was not party to this Development Agreement request; and WHEREAS, a Development Agreement was drafted to incorporate the proposed terms and obligations for both parties. Further, it was processed in accordance with the requirements set forth in City Council Resolution No. 6089, which establishes the City’s rules and regulations for the consideration of Development Agreements; and WHEREAS, on March 23, 2020, through the adoption of ordinances and resolutions, the San Rafael City Council certif ied a Final Environmental Impact Report (FEIR) and approved the collective planning applications. This action included the approval of a Development Agreement through adoption of Ordinance No. 1982; and WHEREAS, on April 13, 2020 the Development Agreement was executed; and 2 WHEREAS, the procedures and requirements for reviewing and approving Development Agreements are prescribed by City Council Resolution No. 6089. As the Development Agreement vests entitlement approvals for up to 10 years, the procedures require periodic review to ensure that the project is proceeding in good faith and that the terms of the Development Agreement are being met. Ordinance 1982 specifically requires an annual review of this Development Agreement through the 10-year term; and WHEREAS, in April 2021, BioMarin submitted the first anniversary Annual Report (dated April 5, 2021), which provides information on the status of the project and compliance with the terms and obligations of the Development Agreement; and WHEREAS, pursuant to Resolution No. 6089, on May 3, 2021, the City Council held a duly noticed public hearing to review the Development Agreement Annual Review Report prepared by the Community Development Department and considered all oral and written public testimony; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department; and WHEREAS, pursuant to Resolution No. 6089, the City Council finds and determines based on substantial evidence presented in the Annual Review Report that the BioMarin, developer has complied in good faith with the terms and the conditions of the Development Agreement during this first anniversary period of review. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael does hereby approve the BioMarin Development Agreement Annual Review Report dated May 3, 2021. I, LINDSAY LARA, the 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 said City held on Monday, the 3rd day of May 2021, by the following vote to wit: AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None LINDSAY LARA, City Clerk