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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 3-1 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 3-2 et�te!�pN `w k 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. ?. 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. 3-3 " 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. 3-4 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). 3-5 '$u 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 3-6 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 3