HomeMy WebLinkAboutCC Resolution 14922 (Parcel Map Lands of BioMarin Pharmaceutical, Inc.)RESOLUTION NO. 14922
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING THE PARCEL MAP FOR THE “LANDS OF BIOMARIN
PHARMACEUTICAL, INC.” AT 999 THIRD STREET
WHEREAS, on March 23, 2020 the City Council adopted Resolution No. 14776
granting approval to applicants BioMarin Pharmaceutical, Inc. (“BioMarin”) and
Whistlestop (now called, and hereafter referred to as “Vivalon”)/Eden Housing for
development of two 72-foot tall, four-story research and development buildings and a 67-
unit, 70-foot tall, six-story senior center and affordable senior housing building on a
133,099 square foot parcel at 999 Third Street and the adjacent San Rafael Corporate
Center, and including the following conditional approvals:
A. Master Use Permit (UP18-034);
B. Environmental and Design Review Permit (ED18-087);
C. Small Subdivision (S18-001);
D. Sign Program Amendment (S18-006); and
WHEREAS, on April 13, 2020, the City entered into a Development Agreement
with California Corporate Center Acquisition, LLC, the parent company of BioMarin, that,
among other terms, granted vested rights in the approvals granted by Resolution No.
14776; and
WHEREAS, Small Subdivision S18-001, approved by Resolution No. 14776, is
required to accommodate a requirement of the Development Agreement that BioMarin
will donate to Vivalon an area of 15,000 square feet at the northwestern corner of the
999 Third Street parcel for the construction of a senior healthy aging campus and
affordable senior housing units; and
WHEREAS, BioMarin has now applied for approval of the Parcel Map for Small
Subdivision S18-001, dated June 2021 and entitled “Lands of BioMarin Pharmaceutical,
Inc.”; and
WHEREAS, Condition of Approval No. 3 of Small Subdivision S18-001 requires
that if the installation of subdivision improvements is not completed prior to recordation
of a Parcel Map, then BioMarin shall enter into a subdivision improvement agreement
with the City secured by a bond or deposit, to guarantee the installation of the required
subdivision improvements; and
WHEREAS, City staff has recommended, and substantial evidence in the staff
report for this Resolution supports, waiving the requirement for a secured subdivision
improvement agreement based on a determination that Resolution No. 14776 and/or the
Development Agreement contain sufficient conditions of approval for construction of the
development to ensure that all required subdivision improvements will be installed prior
to the issuance of grading and/or building and/or occupancy permits for the
development; and
WHEREAS, the acting City Engineer and the City’s consultant surveyor have
determined that the Parcel Map is correct, and in substantial conformance with the
conditions of Resolution No. 14776 and the California Subdivision Map Act;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Rafael as follows:
1. The City Council finds that the installation of subdivision improvements for
this parcel map are adequately secured by conditions of other development
approvals granted to BioMarin and Vivalon for the property, and that the
requirement of Resolution No. 14776 that the applicant provide a secured
subdivision improvement agreement prior to recordation of the Parcel Map for
the “Lands of BioMarin Pharmaceutical, Inc.” should be and hereby is waived.
2. The Parcel Map for the “Lands of BioMarin Pharmaceutical, Inc.” dated March
2021, is approved and the City Clerk is authorized to record the map in the
Official Records of the County of Marin, conditioned upon receipt of all other
required documents and fees.
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 Council of said City on 7th day of June 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