HomeMy WebLinkAboutCC Resolution 15071 (BioMarin Development Agreement)
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RESOLUTION NO. 15071
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE SECOND
ANNIVERSARY ANNUAL REPORT FOR THE EXCUTED DEVELOPMENT AGREEMENT
(ORDINANCE NO. 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. P22-004 (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 certified 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
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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 No.;1982 specifically requires an annual
review of this Development Agreement through the 10-year term; and
WHEREAS, in May 2021, the City Council received and accepted its first anniversary
annual review and determined that BioMarin had complied in good faith with the terms and the
conditions of the Development Agreement during the first anniversary period; and
WHEREAS, on April 4, 2022, BioMarin submitted the second anniversary Annual
Report, 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 16, 2022, 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 2nd 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 April
4, 2022.
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 16th day of May 2022, 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