HomeMy WebLinkAboutOrdinance 1980 (999 3rd Street - Adopting a Zoning Text Amendment)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 1980
AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT
(ZO18-003) TO SAN RAFAEL MUNICIPAL CODE SECTION 14.16.190.A (HEIGHT
BONUS) TO ESTABLISH A NEW 20-FOOT HEIGHT BONUS FOR THE 999 3RD
STREET PROPERTY
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 23rd day of March 2020;
a SUMMARY of Ordinance No. 1980 was published as required by City Charter in the
MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 6th day of April 2020, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
13th day of April 2020
_______________
LINDSAY LARA
City Clerk
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ORDINANCE NO. 1980
AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT (ZO18-
003) TO SAN RAFAEL MUNICIPAL CODE SECTION 14.16.190.A (HEIGHT BONUS) TO
ESTABLISH A NEW 20-FOOT HEIGHT BONUS FOR THE 999 3RD STREET PROPERTY
WHEREAS, in 1992, the City of San Rafael adopted Section 14.16.190 of Title 14
(Zoning Ordinance) of the San Rafael Municipal Code (SRMC) via Ordinance No. 1625; and
WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin) and
Whistlestop/Eden Housing submitted project applications to the City of San Rafael Community
Development Department for a General Plan Amendment (GPA18-001), Planned Development
(PD) Rezoning (ZC18-002), Zoning Ordinance Text Amendment (ZO18-003), Development
Agreement (DA19-001), Master Use Permit (UP18-034), Environmental and Design Review
Permit (ED18-087), Small Subdivision (S18-001), and Sign Program Amendment (SP18006) for
the 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 sq.
ft. parcel at 999 3rd Street; and
WHEREAS, the maximum height bonus for development in the Second/Third Mixed Use
(2/3MUE) District is 12 feet based on the provision of the following public amenities;
a. Affordable housing, consistent with SRMC Section 14.16.030 (Affordable housing);
b. Public parking, providing it is consistent with the downtown design guidelines;
c. Skywalks over Second or Third Streets, with the approval of the traffic engineer, and
the recommendation of the design review board;
d. Mid-block passageways between Fourth Street and parking lots on Third Street, with
the recommendation of the design review board that the design is attractive and
safe; and
WHEREAS, the project application for the total BioMarin development includes a
request to amend SRMC Section 14.16.190 to increase the allowable maximum height bonus
for the 118,099 sq. ft. BioMarin portion of the 999 3rd Street property from 12 feet to 20 feet
based on the provision of one or more of the following public amenities:
a. Affordable housing (minimum 60 units);
b. Privately owned public plaza (5,000 sq. ft. or more in size);
c. Community facility (e.g. senior center, 10,000 sq. ft. or more in size);
d. Pedestrian crossing safety improvements at adjacent intersections;
e. Donation of funds for development of bike lanes; and
WHEREAS, the proposed request for additional height bonus requires an amendment to
the General Plan (Exhibit 10 Height Bonus) and the City Council has approved that General
Plan Amendment in conjunction with the review of the planning applications for the proposed
project; and
WHEREAS, following the initial filing of the BioMarin/Whistlestop/Eden Housing planning
applications, the City commenced with environmental review of the project. Consistent with the
California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual, the appropriate steps were followed to
complete environmental review of the project, which included: a) the publication of a Notice of
Preparation (NOP) in February 2019 for the purpose of scoping the topic areas of study for the
preparation of an Environmental Impact Report; b) the preparation and publication of a Draft
Environmental Impact Report (DEIR) in August 2019, which included a 45-day public review
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process and Planning Commission public hearing for commenting on the DEIR; and c) the
preparation of a Final Environmental Impact Report (FEIR) by responding to all comments made
and submitted on the DEIR; and
WHEREAS, the FEIR assesses the environmental impacts of the proposed amendment
to San Rafael General Plan 2020 to allow for the maximum Height Bonus for the subject
property. The FEIR finds that the proposed amendment to the General Plan will not result in a
significant impacts, resulting from the change in height bonus provisions and would not be in
potential conflict with San Rafael General Plan 2020 Land Use Element 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), Neighborhood Element
Policies NH-15 (Downtown Vision), NH-16 (Economic Success), NH-38 (Lindaro Office District)
and NH-8 (Parking), which are adopted for the purpose of avoiding or mitigating the physical,
environmental effect of new development; and
WHEREAS, the FEIR states that there is a conflict with the San Rafael General Plan
2020 Land Use Element Policy LU-2 (Development Timing) and Circulation Element Policy C-5
(Traffic Level of Service), because of the significant and unavoidable traffic impacts to the local
circulation network, which would result from the proposed project, however, these are not
related to the additional height of the buildings, but from the intensity of the use; and
WHEREAS, in considering the application to amend SRMC Section 14.16.190, the City
Council has reviewed and considered the proposed project benefits against the unavoidable,
adverse environmental effects from the impacts to the circulation network. By separate
resolutions, consistent with CEQA Guidelines Section 15063 and consistent with San Rafael
General Plan 2020 Circulation Element Policy C-5D (Evaluation of Project Merits) and Program
C-5c (Exception Review), the City Council has: 1) certified the FEIR; and 2) adopted CEQA
Findings of Fact; and Statement of Overriding Considerations and approved an Exception to the
Circulation Element Policy C-5 (Level of Service), and a Mitigation Monitoring and Reporting
Program (MMRP) to ensure that required mitigation measures are incorporated into project
action; and
WHEREAS, on January 28, 2020, the Planning Commission held a duly noticed public
hearing on the Project, including this Zoning Ordinance Text Amendment (ZO18-003), along
with a General Plan Amendment (GPA18-001), Planned Development (PD) Rezoning (ZC18-
002), Development Agreement (DA19-001), Master Use Permit (UP18-034), Environmental and
Design Review Permit (ED18-087), Small Subdivision (S18-001) and Sign Program Amendment
(SP18-18-006), accepting all oral and written public testimony and the written report of the
Community Development Department Planning staff and closed said hearing on that date; and
WHEREAS, on January 28, 2020, the Planning Commission adopted Resolution No. 20-
04, recommending to the City Council approval of the proposed amendment to SRMC Section
14.16.190; and
WHEREAS, on February 28, 2020, a Notice of Availability for the FEIR/Response to
Comments was mailed to interested persons and property owners and occupants within 500
feet of the property and to all responsible, trustee and other public agencies that commented on
the DEIR, informing them of the City Council hearing for final action. A Notice of Availability was
also published in the Marin Independent Journal on Saturday, February 29, 2020 and the site
was posted with public hearing signs; and
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WHEREAS, on March 23, 2020, the City Council held a duly noticed public hearing to
review the proposed amendment to the Zoning Ordinance and considered all oral and written
public testimony and the written report of the Community Development Department; and
WHEREAS, on March 23, 2020, by adoption of separate two resolutions, the City
Council certified the FEIR, adopted CEQA findings of fact, adopted a statement of overriding
consideration and approved the Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, on March 23, 2020, the City Council, by adoption of separate Resolutions,
approved a General Plan Amendment (GPA18-001), Use Permit (UP18-034), Environmental
and Design Review Permit (ED18-087), Small Subdivision (S18-001), and Sign Program
Amendment (SP18-006); and
WHEREAS, the City Council makes the following findings, pursuant to SRMC Section
14.27.060 for adoption of the amendment to SRMC Section 14.16.190 set forth in Exhibit A,
attached and incorporated herein by reference:
1. The proposed amendment would be generally consistent with the related elements,
goals, policies or programs of the San Rafael General Plan 2020 in that:
a. Although the proposed amendment conflicts with San Rafael General Plan 2020
Land Use Element Policy LU-2 (Development Timing) and Circulation Element
Policy C-5 (Traffic Level of Service), which are adopted for the purpose of
avoiding or mitigating a physical, environmental effect associated with traffic , the
Planning Commission has determined, through adoption of a separate resolution
of CEQA Findings of Fact and Statement of Findings of Overriding
Consideration, that the benefits of the General Plan amendment outweigh the
unavoidable, adverse environmental effects of the action. These findings
conclude that the amendment would be consistent with and implement
Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c
(Exception Review), which acknowledge that the City Council may approve an
action that would exceed the LOS standards set by Policy C-5, if the City Council
finds that the benefits of the project to the community outweigh the traffic
impacts. The findings in the resolution approving the General Plan Amendment
are reaffirmed herein to support this action to amend the San Rafael Zoning
Ordinance.
b. This Ordinance would be consistent with and implement San Rafael General
Plan 2020 Neighborhood Element Program NH-40, which encourages the
redevelopment of the project site with a mix of uses that would also extend the
uses of the San Rafael Corporate Center.
As drafted, overall, the amendment would be consistent with: a) Neighborhood
Element Policy NH-40 (Second Third Mixed Use District) and NH-41 (Second
Third Mixed Use District Design Considerations), by promoting a high quality
mixed-use development in the downtown designated areas; b) Economic Vitality
Element Policies EV-2 (Seek, Retain and Promote Businesses that Enhance San
Rafael), EV-4 (Local Economic and Community Impacts), EV-8 (Diversity of our
Economic Base), and EV-13 (Business Areas) by broadening, with limited
application, the uses that are permitted in areas that are designated for general
commercial and office land uses.
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c. The public health, safety and general welfare are served by the adoption of the
proposed amendment to San Rafael Municipal Code, which would modify the
permitted maximum Height Bonus for the portion of the 999 3 rd Street property to
be included in the newly modified San Rafael Corporate Center PD District (PD-
1936) in that:
d. This Ordinance would be consistent with and implement San Rafael General
Plan Land Use Element LU-9 (Intensity of Nonresidential Development), with an
appropriate development intensity based on consistency with the following
factors: site resources and constraints, traffic and access, potentially hazardous
conditions, adequacy of infrastructure, and City design policies.
e. This Ordinance would be consistent with and implement San Rafael General
Plan Neighborhoods Policy NH-40 (Second Third Mixed Use District). Program
NH-40, which is specific to the Second/Third Mixed Use District in the downtown
area, as it encourages the redevelopment of the project site with a mix of uses
that would also extend the uses of the SRCC.
f. This Ordinance would permit a project that will provide desired public benefits
and amenities, including: Affordable housing (minimum 60 units), a privately-
owned public plaza (5,000 sq. ft. or more in size), a community facility (e.g.
senior center, 10,000 sq. ft. or more in size), pedestrian crossing safety
improvements at adjacent intersections, and donation of funds for development
of bike lanes. These public benefits would be consistent with other public benefit
requirements for height bonuses for developments in the downtown area.
g. This Ordinance would not be growth inducing nor would it be precedent setting
as the property and proposed square footage addition would be consistent with
the development standards and land uses included in the existing San Rafael
Corporate Center. The development of the proposed project at this location
would be in the public interest in that it would further the policies of the General
Plan by developing an infill property within the downtown area of San Rafael. In
summary, as the proposed amendments would not result in similar development
increases for other areas of San Rafael, the action would not be precedent
setting or growth-inducing.
2. The public health, safety and general welfare are served by adoption of the proposed
Zoning Ordinance amendments, in that: a) an Environmental Impact Report has
been prepared and certified, consistent with the California Environmental Quality Act
(CEQA) and considered the proposed height bonus allowance, b) City department
and regulatory agencies have been provided copies of plans and asked to provide
input on the proposed project, including the amendment to the height bonus table;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1. Findings
The City Council of the City of San Rafael hereby determines and finds that all of the
facts and statements contained in the recitals herein and the finding s of Planning Commission
Resolution 20-05, adopted January 28, 2020, recommending to the City Council adoption of this
Ordinance, are true and correct.
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DIVISION 2. Amendment
The City Council of the City of San Rafael hereby approves and adopts the amendments
to Section 14.16.190 of SRMC Title 14 (Zoning Ordinance), as presented in Exhibit A, attached
hereto and incorporated herein by reference.
DIVISION 3. Publication; Effective Date
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published, and circulated in the City of San
Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in
summary form, the summary shall also be published within fifteen (15) days after the adoption,
together with the names of those Councilmembers voting for or against same, in a newspaper of
general circulation published and circulated in the City of San Rafael, County of Marin, State of
California.
GARY O. PHILLIPS, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1980 was introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 23rd day of March 2020 and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough and Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 6th day of April 2020.
LINDSAY LARA, City Clerk
Exhibit A-1
Exhibit A
Amendment to San Rafael Municipal Code (SRMC) Title 14 – Zoning
The following section of the San Rafael Municipal Code (SRMC) Title 14 – Zoning is hereby
amended to provide a new maximum height bonus of 20 feet for the 999 3rd Street property,
including public amenities, as shown with the new (underlined) and modified (strike thru), as
follows
Section 14.16.190.A – Height Bonus
A. Downtown Height Bonuses. A height bonus may be granted by a use permit approved by
the planning commission in the following downtown zoning districts. No more than one
height bonus may be granted for a project.
1. In the Fourth Street retail core, a twelve-foot (12′) height bonus for any of the
following:
a. Affordable housing, consistent with Section 14.16.030 (Affordable housing);
b. Public courtyards, plazas and/or passageways, with the recommendation of
the design review board that the public improvements are consistent wit h
downtown design guidelines;
Public parking, providing it is not facing Fourth Street and it is consistent with the
downtown design guidelines.
2. In the Lindaro district, on lots south of Second Street and fronting Lindaro Street, a
twenty-four-foot (24′) height bonus for any of the following:
a. Park area adjacent to Mahon Creek, accessible to the public and maintained
by the property owner;
b. Community facility, ten thousand (10,000) square feet or more in size. The
facility must be available to the public for cultural and community events, and
maintained and operated by the property owner.
3. In the Second/Third mixed use east district, a twelve-foot (12′) height bonus for any
of the following:
a. Affordable housing, consistent with Section 14.16.030 (Affordable housing);
b. Public parking, providing it is consistent with the downtown design guidelines;
c. Skywalks over Second or Third Streets, with the approval of the traffic
engineer, and the recommendation of the design review board;
d. Mid-block passageways between Fourth Street and parking lots on Third
Street, with the recommendation of the design review board that the design is
attractive and safe.
4. On the 999 3rd Street Property, a twenty-foot (20’) height bonus for any of the
following:
a. Affordable housing (minimum 60 units)
b. Privately owned public plaza (5,000 sq. ft. or more in size)
c. Community facility (e.g. senior center, 10,000 sq. ft. or more in size)
d. Pedestrian crossing safety improvements at adjacent intersections
e. Donation of funds for development of bike lanes;
4.5. In the West End Village, a six-foot (6′) height bonus for any of the following:
a. Affordable housing, consistent with Section 14.16.030 (Affordable housing);
b. Public parking, providing it is consistent with the downtown design guidelines;
Exhibit A-2
c. Public passageways, with the recommendation of the design review board
that the public passageway serves an important public purpose and is
attractive and safe.
5.6. In the Second/Third mixed use west district, on lots located on the north side of
Third Street
and east of C Street, an eighteen-foot (18′) height bonus for the following:
a. Public parking, providing it is consistent with the downtown design guidelines.
**No changes to Sections B OR C OF SRMC 14.16.190**