HomeMy WebLinkAboutCC Resolution 13275 (Corporate Center Medical Office Parking)RESOLUTION NO. 13275
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING AN AMENDMENT TO THE SAN RAFAEL CORPORATE CENTER (750-
790 LINDARO STREET AND 781-791 LINCOLN AVENUE) MASTER USE PERMIT
(UPI1-033)TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL
OFFICE AND RESEARCH AND DEVELOPMENT, AND TO APPROVE A PARKING
REDUCTION FOR THE MEDICAL USE
(APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, in February 1998, the San Rafael City Council adopted a Planned
Development District (PD -1721) approving a Master Plan for the development of a 406,000 square
foot office park on a 15.54 -acre site located south of Second Street in Downtown San Rafael. The
PD -1721 District established zoning and standards for development of the subject property with
five buildings (totaling 406,000 square feet), two parking structures, surface parking, campus
landscaping and publicly -accessible park area along Mahon Creek. The zoning limits land use of
the office park to administrative and general office use only. This action was accompanied by the
approval of a Master Use Permit (UP97-10) for the office complex; and
WHEREAS, in August 2000, the San Rafael City Council adopted an amendment to the
Planned Development (PD -1754) District and Master Use Permit (UP97-1 Ob) to approve changes in
the zoning district development standards in order to accommodate multi -tenant use of the office
park (San Rafael Corporate Center) and to modify public use requirements for office park facilities.
Master Use Permit UP97-10 and UP97-1 Ob are currently in effect; and
WHEREAS, since 2000, much of the San Rafael Corporate Center office park campus has
been developed and largely occupied by administrative and professional office businesses. To date,
four of the five office buildings and one (western) parking structure have been built, along with
surface parking, campus landscaping and the publicly -accessible park area. When the remaining
phase of the office park is developed (one office building and one [eastern] parking structure), the
San Rafael Corporate Center will be built -out at 401,000 square feet; and
WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael
Corporate Center Phase I L.LC, property owner requesting an amendment to the Master Use Permit
(UPI 1-033) to expand the allowed land uses for the office park to include medical use and research
and development use defined as follows:
Medical Use. Medical use is defined as medical office, clinic or medical laboratory
(daytime, testing services for patients/visitors). A total of 68,068 square feet of medical use
is proposed as an allowance, meaning that of the total 401,000 square feet of office park
arca currently approved for general and administrative office use, up to 68,068 square feet
could he used for medical use. The modification proposes that the medical use allowance.
be generally applied to the office park and that it not be approved for any one building or
concentrated in any one area of the park site.
r Research and De)Lt lopiTrerlt Use. Research and Development use is defined as use engaged
in scientific, medical or technological research with limited product testing and production.
"Phis use excludes full production industrial -type manufacturing and generally operates
similar to and characteristic of low -intensity, general office use. Medical laboratories
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established for research (as opposed to labs providing testing services for patients/visitors)
would be considered a research and development use.
WHEREAS, the proposed amendment to the Master Use Permit (UPI1-033)includes a
request to modify the office park parking requirements. The request proposes a parking reduction
to the City's parking requirements for medical use. While the San Rafael Municipal Code requires
a higher parking standard for medical use (4.4 parking spaces per 1,000 gross square feet of
building area) than the standard established by the Master Use Permit (3.3 parking spaces per 1,000
gross square feet for multi -tenant administrative and general office use), the request proposes to
maintain the currently adopted parking standard of 3.3 spaces per 1,000 gross square feet of
building area. The request would result in a maximum, potential parking reduction for the office
park of 5-6°'o; and
WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public
hearing to review and consider the proposed amendment to the San Rafael Corporate Center Master
Use Permit (UPI 1-033). On a 5-0 vote (Commissioners Lang and Pick absent), the Planning
Commission adopted Resolution No. 11-14 recommending to the City Council the approval of the
amendment to the Master Use Permit. The Planning Commission recommended that the conditions
be revised to include and address and incorporate signage for evening and weekend public parking
use of parking lot on the western parcel. The recommendations regarding parking is presented in
condition 6 below and are incorporated herein, and
WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing to
review the proposed amendment to the San Rafael Corporate Center Master Use Permit (UPI1-033)
and considered all oral and written public testimony and the written report of the Community
Development Department; and
WHEREAS, by separate resolution, the City Council has recommended to the City Council
the adoption of a Negative Declaration (IS 1 I -002), which adequately addresses the potential
environmental impacts of the proposed amendment to Master Use Permit; 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 an
amendment to the San Rafael Corporate Center Master Use Pen -nit UP11-033 based on the
tbllnwing findings:
As proposed and as conditioned, approval of this Master Use Permit to expand the
allowable uses to include medical and research and development uses would be consistent
with the applicable goals and policies of the San Rafael General Plan 2020 and in
conformance with the provisions of the PD -1754 District, as amended. Specifically:
a. As proposed, the medical and research and development land uses are consistent with
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) in that these uses would be: allowable under the adopted Lindaro Office
land use designation; compatible with the current land uses allowed under the PD -1754
District adopted for this site; and compatible with existing land uses found in the
surrounding area.
b. As proposed, the medical and research and development land uses would be consistent
and not in conflict with Circulation Element Policies C-5 (Traffic Level of Service
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Standards) C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand
Management) in that: the increase in traffic estimated for these uses would not impact
or change level of service conditions at local intersections nor would they warrant new
transportation improvements; the medical use component would be subject to the
adopted citywide traffic mitigation fees which would be used to fund long-term
transportation improvements; and the project would not change the current City
requirement and obligation of the office park owner to implement transportation
demand measures such as encouraging tenants, through incentives to carpool and use
public transit.
c. As proposed, the medical and research and development land uses would be consistent
with Neighborhood Element Policies NH -15 (Downtown Vision), NH -16 (Economic
Success), NH -38 (Lindaro Office District) and NH -8 (Parking) in that it would:
facilitate additional employment and future economic success in the Downtown area;
promote build -out of the San Rafael Corporate Center project by allowing a land use
that is appropriate and marketable; allow compatible land uses that would fill current
and long-term projected vacancies in general and administrative office space; and
promote a reasonable reduction in required parking supported by the project's
proximity to Downtown, the $ettini Transit Center and the planned SMART rail
stations.
d. As proposed, the medical and research and development land uses would be consistent
with newly -adopted Sustainability Element Policies SU -1 (Land Use) and SU -2
(Promote Alternative Transportation), and the adopted Climate Change Action Plan in
that: the uses are proposed within an existing and approved development office park
that is close to public transit and Downtown; the project proposes a reduction in the
amount of required parking for the medical use component, thus reducing thermal gain
and shared parking; and the additional mix in land uses would facilitate the
implementation transportation demand measures such as encouraging tenants, through
incentives to carpool and use public transit.
e. 'The approval of medical and research and development land uses would be consistent
with Our Vision of Downtown San Rafael in that it would further promote new
businesses and employment in the Downtown area.
F. The approval of medical and research and development land uses would be consistent
with the PD -1754 District, as amended by adoption of Zoning Amendment ZC11-002..
which would permit these land uses.
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The proposed addition of medical and research and development uses would not be
detrimental to the health, safety or general welfare of the residents or community in that:
a. These uses would be compatible with the currently approved and operating
administrative and general office use. Medical and research and development uses are
commonly mixed within office complexes that are occupied by administrative and
general office use. These uses would be compatible with surrounding and immediate
land uses and development.
b. These uses would be consistent and not in conflict with the deed restriction recorded for
the San Rafael Corporate Center, which permits commercial and office land uses but
prohibits use and de-velopmcrri with residential and day care land uses.
c. The addition of these land uses would not result in any physical changes or additions to
the: currently approved and largely developed San Rafael Corporate Center complex.
The Corporate Center is adequately served by local facilities and utilities.
d. The scope and definition of the medical and research and development land uses would
not allow industrial development, heavy production or laboratory operations that would
be more appropriate for a site that is zoned for light industrial or industrial land use.
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"
The proposed reduction in parking for the medical use component (68,068 square feet)
authorizes use of the general and administrative office parking standard currently adopted
in the San Rafael Corporate Center Master Plan (3.3 spaces/1,000 square feet), rather than
the parking standard established for medical use in the San Rafael Municipal Code (4.4
spaces/1,000 square feet). The initial approval of the San Rafael Corporate Center found
that this development has been designed to adequately address the automobile, bicycle and
pedestrian traffic systems. Consistent with SRMC Section 14.18.04013, the City "Traffic
Engineer has studied the parking needs for the medical office use at this location finding
that the use of the currently adopted parking standard for office park is reasonable,
appropriate and adequate in that:
a. The currently adopted standard of 3.3 parking spaces per 1,000 square feet of building
area is consistent with the medical use parking standard studied and recommended by
the Institute of Transportation Engineers (ITE). The ITE standards are based on case
studies of developed land uses, and are widely used by local agencies and licensed
traffic engineers.
b. "The 5-6% reduction in the parking requirement is a nominal amount, which is far below
the typically requested and approved parking reduction for office projects (20%
reduction is common). Lastly, parking reductions are encouraged when a site is
developed and occupied with a mix of land uses that have different peaks in parking
demand.
c. The approvals and agreements established for the San Rafael Corporate Center require
that the parking lot on the western parcel be made available for public use during the
evening hours and on weekends. The parking reduction would not conflict with this
agreement in that the peak parking use periods for medical use are during weekdays.
d. 'The San Rafael Corporate Center is in immediate proximity to the Bettini Transit
Center (mass transit hub for Marin County) and the planned SMART rail station. The
immediate access to mass transit reduces parking demand, which appropriately supports
lower parking standards.
BE IT FURTHER RESOLVED, that the City Council approves the amendments to the
Master Use Permit tTPl1-033 subject to the following conditions which replace, in their entirety
conditions of approval for UP97-10 and UP97-1 Ob:
The Master Use Permit approves office building area for the following uses on the Central
Parcel of the Office Park (bounded by Second Street to the north, Lindaro Street to the
west, Lincoln Avenue to the east and Mahon Creek to the south):
a. Administrative and General Office Use. These uses are defined by the San Rafael
Municipal Code, Title 19 (Zoning);
b. Medical Use. Medical use is defined as medical office, clinic or medical laboratory
(daytime, testing services for patients/visitors). A total of up to 68,068 square feet of
medical use is approved as an allowance, meaning that of the total 401,000 square feet
of office park area, up to 68,068 square feet could be used for medical use. See
condition 5 for parking requirements. Medical use shall be subject to the latest, Cil',_
adopted traffic mitigation fees. Traffic mitigation fees shall be charged for each new
medical use tenant and paid at the time a building permit is issued for tenant
improvements proposed for this use. Traffic mitigation fees shall be charged for ne"
medical use tenants until the 68,068 -square -foot medical use allowance has been
reached. 'To monitor incremental fee payment, the property owner shall maintain an
accounting of the fees that have been paid and shall be required to submit this
accounting at the time a building permit is filed for medical use tenant improvements.
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Once this maximum use allowance has been reached, no further traffic mitigation fees
shall be charged. Further, no traffic mitigation fees are required when a new medical
use is replacing an existing, previously approved and occupied medical use.
c. Research and Development Use. Research and Development use is defined as a use
engaged in scientific, medical or technological research with limited product testing and
production. This use excludes full production industrial -type manufacturing and
generally operates similar to and characteristic of low -intensity, general office use.
Medical laboratories established for research (as opposed to labs providing testing
services for patients/visitors) would be considered a research and development use. As
research and development use is similar to and generally less intensive than general
office use, it does not require the payment of any traffic mitigation fees or any
provisions for additional on-site parking (over and above that approved for general and
administrative office use).
d. Uses determined to be incidental or accessory to the above -listed land uses shall be
permitted, as determined to be appropriate by the Community Development Director.
Residential and day care land uses are prohibited by a recorded property deed
restriction, described in condition 3, below.
The Master Use Permit approves surface parking and parking structures on the Western
Parcel (south of Second Street, west of Lindaro Street) and Eastern Parcel (south of Second
Street, east of Lincoln Avenue). These parcels are restricted to parking use and landscaping
only. As required by the subdivision map for the San Rafael Corporate Center (RM 2002-
185, recorded September 2002), a restrictive covenant has been recorded on the subdivision
map to encumber the Western and Eastern Parcels, ensuring that any conveyance of these
parcels shall include a reservation or grant of easement to the benefit of the Central Parcel
(office park described in condition 1 above) to provide parking required by this Use Permit
and the San Rafael Corporate Center Environmental and Design Review Permit (ED -97-
24).
Use of the Western and Central Parcels are subject to the Covenant of Deed Restriction,
recorded on August 10, 1989. This covenant restricts the uses that are permitted on these
properties and requires continued maintenance and monitoring of on-site groundwater
conditions. The Master Use Permit and the Covenant of Deed Restriction recognize that the
Western and Central Parcels contain utilities and groundwater remediation improvements
that are to remain on these sites in perpetuity.
As required by condition 2 of the initial Master Use Permit (UP97-10 and UP97-10b), these
permits approved a building height bonus for office Buildings A (750 Lindaro Street), C
(770 Lindaro Street), D (790 Lindaro Street) & E (791 Lincoln Avenue) on the Central
Parcel conditioned upon providing permanent, public access, use and availability of the
landscaped park area located on the south side of the office campus (south of and between
Buildings A (750 Lindaro Street) and B (781 Lincoln Avenue), bordered on the south by
Mallon Creek). The park area shall be owned, in -fee, and permanently maintained by the
property owner and/or the association of owners within the office park. A permanent public
access easement has been recorded over the park area as part of the San Rafael Corporate
Center subdivision map (RNI 2002-185). The public use of this park area shall be subject to
the following conditions:
General Park Use
a. For day-to-day general use, the park area shall be permanently accessible. to the public,
year round (365 days) and during the daylight hours (dawn to dusk).
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b. The property owners and/or the association of owners within the office park shall be
responsible for daytime and evening security of the park area.
c. fencing and security gates shall be provided and permanently maintained at both the
L.indaro Street and Lincoln Avenue entrances to the park area (south of Buildings A and
B). The security gates shall be left open during the daylight hours and closed after
dark. Signage shall be installed at these entrance gates identifying the park and hours
for public access.
$Pecial_Ev_ents and Activities
d. Public use of the park area, and the 2,500 square foot conference/meeting room space
provided in Building A for special events and activities shall be scheduled by
appointment, made through the property owner and/or association of owners within the
office park. The property owner and/or association of owners shall designate a property
manager to oversee the management and scheduling of special events and activities.
e. First priority for use of the park area and the 2,500 square foot conference/meeting
room space provided in Building A for special events shall be given to not-for-profit
organizations, homeowners associations and neighborhood groups/associations within
the City of San Rafael, schools within the City of San Rafael, and the City of San
Rafael. No user fee shall be charged for the qualified users for special event use of the
park area and/or the 2,500 square -foot conference/meeting room space, except deposit
fees required for clean-up and security.
f. Use of the park area for special events and activities shall include public access to
restrooms and water fountains located within Buildings A and/or B. If these facilities
are not available, portable restrooms shall be provided in the park area at no cost to the
user.
Users of the park area and the 2,500 square foot conference/meeting room space
provided in Building A for special events and activities shall be subject to compliance
with specific rules, regulations and guidelines, which are to be maintained by and
provided to the user by the property owner and/or the association of owners of the
office park development. These rules, regulations and guidelines have been approved
by City staff and the Park and Recreation Commission. The approved rules, regulations
and guidelines are based on the public facility use regulations currently implemented by
the City. The final, approved rules, regulations and guidelines shall be maintained on
file with this Use Permit.
This Use Permit approves an office building parking ratio of 3.3 parking spaces per 1,000
square feet of gross office building area for all approved administrative and general office
uses, medical uses and research and development uses. A parking reduction is approved for
the medical use (up to 68,068 square feet). In the event, through periodic monitoring, it if
found that the demand for medical use parking exceeds the supply, additional measures
may, be required of the office park owner(s) to address this demand. Measures may include
but not limited to: a) the development and operation of a parking management program
such as valet parking; or b) construction of additional parking in the parking structure on
the Eastern Parcel.
6. :-s reciuired by the Development Agreement executed for this p_roiect (DA11-001), the
western parcel (western parking lot) shall be made available to the public from midnight to
6:00am and from 6:00pm to midnight on Monday throw4h Friday and all hours on Saturday
and Sundays. A permanent sign shall be posted and maintained at the vehicle entrances to
the western parcel stating the public parkine hours. The property owner shall not charge for
public parkin,2 without the approval of the Citv. Approval of a charge for parking shall not
be unreasonably withheld, provided that the proposed charges are not substantially and
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materially higher than the amounts charged by the City for Citv-owned parking facilities in
the Downtown San Rafael,
Consistent with the initial Master Use Permit approvals (UP97-10 and UP97-1 Ob), the
office park building tenants/property owners are required to implement a Transportation
Systems Management Program (TSM). A TSM program has been approved and is on file
with the Department of Community Development. This approved program obligates
tenants to encourage employees, through incentives to implement TSM measures such as
staggered work hours, telecommuting, carpooling, and public transit use. As this "TSM
program does not require mandatory monitoring by the City nor does it include any
required performance standards, there is no mandatory monitoring by the City. However,
the building tenants/property owners are obligated to provide a good -faith effort in
managing project traffic through implementation of TSM measures.
The Use Permit shall be annually reviewed by the Community Development Department
for a period of five years following full occupancy of the development. The purpose of the
annual review is to determine compliance with conditions of approval for the following:
a. Review the status of project phasing and construction (including conditions
required by ED -97-24).
b. Review project occupancy and phasing to determine adequacy of on-site parking.
C. Review TSM measures imposed by the office park tenants and property owners to
determine success.
d. Review use and operation of the conference/meeting facilities in Building A and
other outdoor use areas available for community use.
Annual review by the City shall be subject to cost recovery fees charged to the project
sponsor. Following the fifth year of full office park occupancy and operation, no annual
review of the use permit shall be required. However, the permit may be brought up for
review by the City at any time should the use: 1) not comply with City regulations; 2)
violate conditions of project approval; and/or 3) should the use become detrimental to the
public health, safety and welfare or materially injurious to properties or improvements in
the vicinity.
This Master Use Permit shall become effective on the date in which the ordinance of the adopted
amendment to the San Rafael Corporate Center Planned Development District zoning (Z,C 1 1-002)
becomes effective.
I, ESTHER C. BEIRNE, 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 the 5`" day of December, 2011, by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMENIBERS: None
ABSENT: COUNCILMEMBERS: None
ESTfIER C. BEIRNE, City Clerk
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