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HomeMy WebLinkAboutPlanning Commission 2015-08-25 #3I ! { I Community Development Department --Planning Division P. O. Box 151560j San Rafaet CA 94915-1560 PHONE: (415) 485~3085!FAX: (415) 485-3184 -.-:. ........ Meeting Date; Agenda Item: Case Numbers: Project Planner: August 25 1 2015 ZG14-"002/ UP14-052/ED14- 097 . Sean Kennings -(41~) 533~2~ REPORT TO PLANNING COMMISSION SUBJECT: 755 Lindaro Street (San Rafael Corporate Center New Office Building) and 788 lincoln Avenue (Phase II Parl<ing Structure expansion) -Request for a Planned Development Rezoning, Amendment To the Master Use Permit and Environmental and Design Review Permit for the construction of a new 54-foot tall, four-story, office building on the western parcel surface parking lot and a six story expansion of the approved 788 Lincoln Avenue parking structure of the San Rafael Corporate Center; APN(s): 013-021- 34, 35.39, 50, 51, 52, 53, 54, & 55; Planned Development (PD1901) District; David McAdams"Applicant; BioMarin, Owner; Downtown Activity Center neighborhood area. This proposed project includes development of new structures on Parcel 1 (far west) and Parcel 8 (far- east) of the San Rafael Corporate Center (SRCC). The' proposed project includes' a new, four-story, 72,396 square foot office building (755 Lindaro Street) on Parcel 1, and a second phase, six-story addition (788 Lincoln Avenue, LPG2) to the' approved parking structure (LPG1 -under construction) on Parcel 8, with 257 structured stalls and 43 surfa'ce stalls. The proposed project also includes an amendment to the PD zoning district that would rescind 'the medical office use previously approved. for the SRCC campus. The proposed building and parking structure and associated site developments would be designed to be compatible with the architectural character of the current SRCC campus and in compliance with the established design, planning and development goals of the City Of San Rafael. The project is designed to meet CalGreen Mandatory Measures plus Tier 1 Voluntary· Measures in accordance with San Rafael standards for sustainability and efficiency. The project has undergone environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15063 (Initial Study). On June 30, 2015, the City of San Rafael circulated a Draft Initial Study f Mitigated Negative Declaration (IS/MND) for this project for public review and comment. Issues and topic areas covered and studies included in'the Draft IS/MND include the following: Land Use and Planning; Aesthetics; 'Air Quality; Biological Resources; Geology and Soils; Hazards and Hazardous Materials; Hydrology and Water Quality; Noise; Public Services, Utilities and Service Systems; TransportationlTraffic. The Draft ISfMND concludes that although the proposed project (755 Lindaro and 788 LincolnfLPG2) could result in significant impacts on environmental factors including Air Quality, Cultural Resources, Geology and Soils, and Hydrology and Water Quality, it will not result in significant environmental impacts as'a result ,of implementing the recommended mitigation measures to eliminate or reduce impacts to less-than-significant levels. A mitigation monitoring and reporting program (MMRP) has been prepared (see attached Exhibit 3-A) and measures have been incorporated into conditions of approval. In considering approval of this project l the City Council must adopt the resolution certifying the ISfMND (Exhibit 3). ' The project design was reviewed by the Design Review Board (DRB) at three public meetings (once as a conceptual design and twice as a formal application) and recei,ved a rec~mmendation for approval with REPORT TO PLANNING COMMISSION -Case No's: ZC14-002/ tJP14-052/ED14-097 Page 2 minor modifications. The applicant has incorporated the majority of the recommended modifications into the project plans. As discussed in this report, staff concludes that the project, as proposed and as conditioned, is consistent with the San Rafael General Plan 2020, and complies with all applicable zoning development standards. Key issues for the project include parking and traffic trip generation, buildjng height and mass, and continuation of public benefits. Draft resolutions have been prepared (see attached Exhibits 3-6) outlining findings that support a recommendation for project approval. RECOMMENDATION It is recommended that the Planning Commission adopt the attached resolutions for the following: • Adoption of the /SIMND. The proposed project includes environmental review pU,rsuant to the California Environmental Q,uality Act (CEQA) Section 15063 • ,Zoning Amendment to PD-1901 District. An amendment to the current PD1901 District zoning is 'required to include additional office space and parking totals as an allowable use in this zoning . district and to rescind the medical office use previously approved. • Amendment to Master Use Permit (UP11-033). An amendment to the Master Use Permit is required to allow additional development of the new office building and the addition to the parking structure; and • Environmental and Design Review Permit. The Environmental and Design Review Permit is required to approve the development of 755 Lindaro Street, 788 Lincoln Avenue LPG2 and site improvements, as required by SRMC Section 14.25.040.A: 1: . PROPERTY FAcTS Address/Location: Site Characteristics Project Site: North: East: South: West: 750-790 Lindaro Street, 781-791 Lincoln General Plan Designation Lindaro Office SecondlThird Mixed Use Park Park Industrial SecondlThird Mixed Use Site Description & Setting: Parcel Number(s): Zoning Designation PD-1901 District 2/3 MUE District P/OS District P/OS District I District 2/3 M U E District 013-021-34, 35, 39, 50, 51,52,53,54 & 55 Existing Land~Use Office Park Commercial Mahon Creek Albert Park Industrial Residential (Albert Lofts) Th~ project site encompasses 15.54-acres of levelland located south of Second Street in Downtown San .. Rafael. T~e property is bordered by Second Street (major arterial) to the north, Mahon Cr~ek to the east and south, and Andersen Drive to the south. Immediately west of the site is a PG & E substation and a multiple-family residential development (Albert Lofts). Lincoln Avenue and Lindaro Street (collector streets) intersect the project site in a north-south direction, splitting the 15.5-acre property into three large parcels, See attached Vicinity/Site Map. REPORT TO PLANNING COMMISSION p Case No's: ZC14-002/ UP14-0S2/ED14-097 Page 3 As shown on the attached vicinity/site map, the property is divided into three -main parcels: the central parcel (central office building campus); the western parcel (parking lot and structure west of Lindaro Street); and the eastern parcel (parking lot and structure east of Lincoln Avenue). The central and western parcels were formerly owned by PG &E -and these parcels were once used (by PG &E) to produce gas and fuel. Due to groundwater and soil contaminants associated with the former gas and fuel processing use, these two parcels are subject to a long-term monitoring program (order) issued by. the Department of Toxic Substance Control (DTSC). In association with the DTSC order, a deed restriction is recorded for the central and western parcels, which prohibits residential and child care land uses. The eastern parcel was formerly owned by the City of San Rafael and once was the site of the City Corporation Yard. The proposed 755 Lindaro Street office building site, Parcel 1 of the SRCC, consists of approximately 2.66-acres and is bordered by the 775 Lindaro Street parking structure to the north and a PG&E substation and Albert Lofts Apartments to the west/northwest. Andersen Drive is located south of the project site and Albert's Park baseball field is south across Andersen Drive. The site is relatively flat with a base elevation of 10' NAVO 88. The 755 Lindaro Street site is currently a surface parking lot that serves the greater San Rafael Corporate Center as well as public events, most notably parking for the San Rafael Pacifics baseball team. The LPG2 parking structure site, Parcel 8, is currently under construction as the 788 Lincoln Parking Garage Phase 1. The first phase of the parking structure will cover approximately 60% of the northern portion of the project site. . History: In February 1998, the San Rafael City Council adopted a Planned Development District (PD-1721) and approved Resolution No: 10025 for Environmental and Design Review Permit, Tentative Map and Master Use Permit (UP97-10) for the 406,000 square foot SRCC Development (for Fair, Issac)on the 15+ acre site. The complex was designed to accommodate 1,300 employees at build-out. The project design, as modified by conditions of approval, was deemed consistent with all applicable site, architectural and landscaping design criteria and guidelines of the San Rafael Zoning Ordinance. The originally approved project included development in two phases. Phase I included site preparation, grading and installation of utilities on the western and central parcels and the construction of Building A, Building B, surface parking on 'the western parcel, and site landscaping. Total parking for Phase r was 496 spaces which equated to 3 spaces per 1000 square feet of gross office building area. Phase II of the project included the relocation of the San Rafael Corporation Yard from the eastern parcel, build out of Buildings C, 0, E and the construction of a parking structure on the western parcel, and a parking structure on the eastern parcel. To date the project has built-out (or is under construction) all 400,700 square feet of office space and 1,323 parking spaces., This includes the 666 spaces in the parking . structure at 788 Lincoln Avenue currently under construction. In 2014, the Applicant received approval for the remaining building, Building E, and the Parcel 8 parking structure to complete Phase II of the original Master Use Permit. As approved under the original Master Use Permit, the San Rafael Corporate Center will include (after final build out) the following buildings and parking improvements: Square Feet Height Stories Required Parking 750 Lindaro Street 87,842 square feet 76 feet (tower 3 290 (Building A) structure) 781 Lincoln Avenue: ~1,039 square feet 53 feet 3 235 REPORT TO PLANNING COMMISSION ~ Case No's: ZC14-0021 UP14-052/ED14-097 (Building B) 770 Lindaro Street: (Building C) 83,360 square feet 65 feet 790 Lindaro Street: (Building D) 71,919 square feet . 73 feet, 11 inches 791 Lincoln Avenue: (Building E)* 86,540 square feet 73 feet, 11 inches Total(FAR): Max. approved (FAR): Parking 400,700 square feet (.59) 507,693 square feet (.75) 750 and 770 Lindaro Street 791 and 781 Lincoln Avenue 775 Lindaro Street (Parcel 4) parking structure Western parcel 788 Lincoln Street (LPG1)* 788 Lincoln Street (temporary surface parking) total Surface parking Surface parking 54 feet Surface parking 54 feet Surface parking * 791 Lincoln and 788 Lincoln are currently under construction Page 4 4 275 4 237 3 286 1,323 n/a 24 n/a 13 4 390 n/a 249 6 666 n/a 56 1,393 The San Rafael Corporate Center office park was subject to extensive environmental review. Prior to the 1998 action, a comprehensive Environmental Impact Report was prepared in 1998 and ultimately certified by the City (Fair, Isaac Office Park Project Final Environmental Impact Report). The 1998 FEIR provided the following conclusions: 1. The office park development would result in three significant, unavoidable adverse environmental impacts to US101 traffic travel through Central San Rafael. Specifically, the office park project would impact: a) southbound traffic during the AM peak along the US101 segments between North San Pedro Road and Lincoln Avenue and between Lincoln and the Central San Rafael exit; and b) northbound traffic during the PM peak along the US101 segment between 1-580 .and the Central San Rafael exit. At the time, all three highway segments operated at capacity (LOS E/F conditions). In order to approve the office park project, the City was required to make ICfindings of overriding consideration'" meaning that the community benefits of the project were weighed against the significant, unavoidable traffic impacts. 2. The office park development would result in a number of potentially significant environmental impacts associated with aesthetics, geology/soils, hydrology/water quality, transportation/traffic, parking, noise, biological resources, air quality, and hazardous materials. The FEIR recommended specific mitigation measures to reduce or eliminate these impacts, which were memorialized in the approval of a Mitigation Monitoring and Reporting Program (MMRP) and required as conditions of project approval. Nearly all of the mitigation measures are linked to site development, so most have been implemented. Public Benefits: ;fhe original 1998 City action on the San Rafael Corporate Center included the approval and execution of ;:. Development Agreement. This agreement included a number of agreed requirements and obligations bf the developer for public use: )p> A publicly-accessible park and trail along the southern edge of the office campus abutting Mahon Creek. This area is open to the public from dawn to dusk. REPORT TO PLANNING COMMISSION -Case No's: ZC14-002! UP14-052!ED14-097 Page 5 > Public use of ground level conference rooms and outdoor park area for meetings and events. Rules and regulations documenting the hours of usage and terms for reserving these areas are included in Exhibit 11. > Public parking use of the western parking lot west of Lindaro Street and garage during evening hO,urs and weekends. As part of their project application, BioMarin will continue to honor the requirements of the original Master Use Permit and initial Development Agreement. These requirements will continue to exist with the construction -of this project with the exception that, as a result of the construction of 755 Lindaro, 74 surface parking spaces on the west surface lot will need to be replaced elsewhere within the SRCC campus. As proposed, the applicant is offering public after-hour usage of all surface parking lots within the SRCC, which include the two visitor lots between Lindaro Street and Lincoln Avenue and the proposed surface lot behind the Lincoln Parking Garage off Lincoln Avenue. These lots include 75 total surface parking spaces. (see Exhibit 2, Overall Site Plan). In 2000, amendments were made to the original Master Use Permit (UP97-10) and zoning district development standards (PO 1721) in order to accommodate multi-tenant use of the office park and to mOdify public use requirements. The Master Use Permit UP97-10 (UP97-10b) and PO Zoning (PO 1754) was modified again in 2011 to allow medical and research and development office use (UP11-033). The principle amendment to the Use Permit was an allowance for up to 68,068 square feet of medical office space out of the approved 401,000 square feet of the office park. This action also included a modification of parking 'requirements for medical office use, from 4.4 spaces per 1,000 gross square feet of building area to the currently adopted 3.3 space per 1,000 gross square feet of building area. . 'The 2011 proposal to expand the allowable uses did not include any physical changes to the approved SRCC office park. No changes were proposed to the approved site plan, architecture, building layout, or final construction phasing. The 2011 application included the following requested entitlements: A Negative Declaration was prepared for the expansion of land uses and entitlements in 2001 and concllJded that the expansion of land uses would not have any adverse effects on the environment. The entitlements were approved and the NegatIve Declaration adopted by the City in December 2011. This amendment was approved but the medical office use was never realized. Furthermore, the traffic trip analysis for the medical office use constitutes the baseline data for the current office use trip generation. This issue is discussed in the analysis section below. In early 2014 final approval was granted for a fifth building (Building E, also referred to as NLB1) on the center parcel and for a parking structure (Lincoln Parking Garage Phase 1 or LPG1) on the east parcel. These two projects are in progress and are anticipated to be completed late in 2015. BioMarin is the sole owner and the largest tenant of the SRCC campus where it maintains its corporate headquarters. BioMarin intends to ultimately occupy the entire campus. The final design of the eastern parcel parking structure, Lincoln Parking Garag.e (LPG1) was approved by the ORB on July 8, 2014. At this time, the Applicant is submitting the proposed project to complete the total build-out of the site on the last developable parcel, Parcel 1 (western parcel). As a requirement for Building E, and the proposed 755 Lindaro office building on Parcel 1, the project includes a proposed addition to the parking structure at 788 Lincoln Avenue to accommodate the parking demand for the entire project. --,., , .. , ---'''--- 'PROJ EOT>OESC,R,I PTION The following is a project description based on the projectplans (Exhibit 2). REPORT TO PLANNING COMMISSION -Case No's: ZC14-002! UP14-052/ED14-097 Page 6 BioMarin , a global biopharmaceutical company headquartered in San Rafael, is proposing to develop a new office building on Parcel 1 of the San Rafael Corporate Center (SRCC) campus. Parcel 1, which is currently developed as surface parking, is located to the west of Lindaro Street and to the south of the existing Parking Garage at 775 Lindaro Street. To support the parking requirements for the proposed new office building a Phase 2 addition is proposed to the approved Lincoln Parking Garage (LPG1) on Parcel 8 of the SRCC located at 788 Lincoln Avenue. This proposed new project includes a four-story, 72 ,396 square foot office building on Parcel 1 and a second phase addition (LPG2) to the approved Parcel 8 parking structure (LPG1) with 257 structured stalls and 43 surface stalls. The proposed building & parking structure and associated site developments would be designed to be compatible with the architectural character of the current SRCC campus and in compliance with the established design, planning and development goals of the City of San Rafael. The project is designed to meet CalGreen Mandatory measures plus Tier 1 Voluntary measures in accordance with San Rafael standards for sustainability and efficiency, and will be designed to minimize impact to the site and surrounding areas, The following table represents the current and proposed square foot and parking allocations for the SRCC: 750 Lindaro Street: (Building A) 781 Lincoln Avenue: (Building B) 770 Lindaro Street: (Building C) 790 Lindaro Street: (Building D) 791 Lincoln Avenue: (Building E)* 755 Lindaro Street: (New office) Max. approved (FAR): Parking Square Feet 87,842 square feet 71,039 square feet 83,360 square feet 71,919 square feet 86,540 square feet 72,396 square feet 473,096 square feet (.70) 507,693 square feet (.75) 750 and 770 Lindaro Street 791 and 781 Lin,coln Street 775 Lindaro Street (Parcel 4) parking structure Western parcel 788 Lincoln Street (LPG1)* 788 Lincoln Street (LPG2) 788 Lincoln Street (LPG2 surface) total 755 Lindaro Street -Office Building Height 76 feet (tower structure) 53 feet 65 feet 73 feet, 11 inches 73 feet, 11 inches 54 feet Surface parking Surface parking 54 feet Surface parking 54 feet 54 feet Surface parking Stories 3 3 4 4 3 4 n/a n/a 4 n/a 6 6 nfa Required Parking 290 235 275 237 - 286 239 1,323 24 13 390 175 666 257 43 1,563 Use: A four-story office building (755 Lindaro Street) and surface level parking on the western portion of the parcel. The proposed use includes 175 total parking spaces to remain on the subject site (Parcel 1). REPORT TO PLANNING COMMISSION -Case Nors~ ZC14-0021 UP14-052/ED14-097 Page 7 Site Plan: The design of the proposed 755 Lindaro Street building is shaped to accommodate the site conditions and existing easements and encumbrances. The subject property is overlain with a variety of easements related both to PG&E)s access to the adjacent substation and to PG&E's access to extraction and monitoring facilities pertaining to the 1998 remediation of the SRCC site. The extraction trenches and monitoring facilities are required to be accessible at the ground level and thus restrict the footprint of the building. Furthermore, the building footprint has been reduced from the previously reviewed project to avoid a PG&E access easement that bisects the site. The building design includes adequate separation (50' minimum) between the building and the overhead distribution lines exiting the PG&E substation. The proposed design also maintains the existing intersection and crosswalk at the Lindaro Street entry to the c~mpus as well as access to the Lindaro Parking Garage via Parcel 1. Architecture: The design of the building responds to the existing SRCC buildings via the use of corner and entry tower elements, mansard roof forms, and punched window openings. The design intent is to closely match the color palette and detailing of the existing buildings to crea,te consistency-on the campus. The proposed 755 Lindaro Street building is located within the Lindaro Office District and has a mandated building height limit of 54 feet for the primary structure as measured by 1997 U8C standards. Additional architectural features including the mansard roofs, mechanical enclosures and towers are designed to extend above the 54' height iimit. The proposed design is consistent with the height limits as the main portion of the building is 54' to the roof deck. The proposed design includes mansard roofs consistent in size, shape and material with the character of the SRCC campus. The design also includes roof top mechanical equipment housed in tower structures which extend approximately 13 feet above the 54' height limit. Rooftop equipment would be screened per City of San Rafael requirements. The proposed 9ffice building is anticipated to be constructed with a structural steel frame, utilizing W section columns and beams. The primary lateral force resisting system will be s SMRF (Steel Moment Res'jsting Frame) with built up steel box section columns. The building is designed to a voluntary increased seismic importance factor of 1.0. Roof and elevated floors will be concrete fill on metal deck, and designed for 150 psf live loads. Elevated floor vibration properties are anticipated to be limited to 16,000 MIPs over about 75%) of the column bay areas. The ground floor would be a structural concrete slab, approximately 12" thick and the building would be supported on Auger Grouted Displacement Piles (AGDP) with perimeter grade beams and pile caps. The AGDP's would be selected to mitigate soil spoils and off haul, loud noise) and vibrations during installation. The exterior fagade would be supported by light gauge metal studs. Concrete specificatio'ns will include recycled materials and greater than 3,000 psi concrete to provide sustainability enhancements and meet CALGREEN recommendations. Major mechanical equipment at the exposed rooftops would be supported on concrete housekeeping pads and enclosed within roof screens. Landscaping: The office building landscape plan is consistent with the existing campus landscaping utilizing site features, paving, stone mulches and plantings to' provide a cohesive continuity with the previous campus development phases. The plant palette will consist of trees, shrubs, ground covers, grasses and perennials that conform to Marin Municipal Water District requirements, the California water efficient landscape ordinance (WELD) and new Marin County storm water pollution prevention practices. The plants would be selected for low water use and low maintenance and would be irrigated with an emitter type' spot application system. The plantings in bioretention areas would be selected for their ability to han,dle seasonal inundation and for compatibility with the fast draining bioretention soils. These areas would be irrigated by overhead, low precipitation stream spray rotors. The tree palette would be a continuation of street and shade trees utilized in the previous phases of the campus development with deep root watering irrigation elements. Lighting: No lighting has been proposed at this time but the final submittal will include details pursuant to the current PD. REPORT TO PLANNING COMMISSION -Case No's: ZC14-002/ UP14-052/ED14-097 Page 8 Grading/Drainage: The 755 Lindaro Street site is currently developed as a sutiace parking lot. The 755 ~indaro Street site would be designed to manage storm water runoff consistent with CalGreen and Marin County standards. Specifically, there will be no net increase to the current runoff rates (overall hardscape is assumed not to increase), and pretreatment will be included prior to discharge to the public drainage system (e.g. bioswales). Site utilities will connect to existing mains within Lindaro Street. Soil Management: Contaminated soil and groundwater are present beneath the central and western parcels (the latter of which includes the proposed 755 Lindaro site on Parcel 1) in association with historical Manufactured Gas Plant (MGP) support activities conducted on the properties. Extensive investigations conducted in the 1980s found that soil and groundwater onsite contain polynuclear aromatic hydrocarbons (PNAs) and, to a lesser extent, volatile organic compounds (VOCs). On February 26, 1998, in association with City of San Rafael entitled site redevelopment plans, the Department of Toxic Substance Control (DTSC) approved a Soil Management Work Plan ("SWMP"), which addressed soil and groundwater management procedures associated with construction. A Soil Management Work Plan Addendum C'SWMP Addendum ll ), with slightly modified procedures for construction and the Western Parking Structure, was approved by DTSC in 2008. In 2014, DTSC confirmed its continued concurrence with the procedures established in the 2008 SWMP Addendum for construction of Building E, NLB1. Similarly, the SWMP Addendum will be implemented for managing contaminants during construction of 755 Lindaro Street on Parcel 1. Parking: The proposed 755 Lindaro Street building will require the removal of approximately 74 sutiace parking spaces on Parcel 1. One hundred seventy five parking spaces will remain on the subject site; however, the proposed project also includes an addition to the recently approved parking structure that will be constructed on the east parcel at 788 Lincoln Avenue (see below). The Applicant intends to provide parking that meets or exceeds the 3.3/1000 (3.3 auto spaces to 1,000 square feet of occupied space) requirement for the campus. Due to site constraints, PG&E easements and setbacks from the creek bed and slurry wall, the proposed design includes 1,563 campus wide stalls of the 1,561 stalls required by the proposed building area. 788 Lincoln Avenue Parking Structure Addition: LPG Phase II ,Use: A six story parking structure addition and surface level parking on the southern portion of the development footprint. The proposed use includes 300 total parking spaces (surface, ground floor and six levels). Architecture: The architectural style of the Lincoln Parking Garage Phase 2 (LPG2) is designed to fit the context of the existing SRCC campus and the Phase 1 portion of the parking structure. The parking decks will be flat and will allow the existing architectural features to follow the clean rectilinear shapes of the adjacent buildings. There are no new stairs, elevators, or ramps in the proposed addition; circulation will be shared with the Phase 1 portion of the garage. The overall height of the building will remain below the 54' height limit by providing all required ADA stalls on the ground level, which will be set one foot below the datum elevation. The garage is proposed to be located on a pad of approximately 15,000 square feet. Structural: The garage is proposed to be a hybrid concrete structure with precast columns and beams, and cast in place slabs. The lateral system is cast in place shear wal!s with precast boundary elements. JThe foundations would consist of auger grouted displacement piles (AGDP's) with pile caps ,and tie peams to support the structure and ~Iab on grade. AGDPs would likely be selected to mitigate soil spoils :and off haul, loud noise, and vibrations during installation. The use of cast in place concrete and precast concrete elements will provide structural strength, durability and will minimize required maintenance. The main structural elements will be finished with materials and colors to complement the main campus buildings. REPORT TO PLANNING COMMISSION -Case No's: ZC14-0021 UP14-052/ED14-097 Page .9 Landscape: The LPG2 landscape design will continue the existing campus treatments utilizing site features) paving, stone mulches and plantings to provide continuity with the previous campus development phases. The plant palette will consist of trees, shrubs, ground covers, grasses and perennials that conform to Marin Municipal Water District requirements, the California water efficient landscape ordinance (WELO) and new Marin County storm water pollution prevention practices. Plants will be selected for low water use and low maintenance and will be irrigated with an emitter type spot application system. The plantings in the bioretention areas will be selected for their ability to handle seasonal inundation and the fast draining bioretention soils. These areas will be irrigated by overhead, low precipitation stream spray rotors. The tree palette will be a continuation of street and shade trees utilized in the previous phases of the campus development with deep root watering irrigation elements. Grading/Drainage: Storm water management for LPG2 will be consistent with CalGreen and Marin County standards and there will be no net increase to the current runoff rates (overall hardscape is assumed not to increase). Storm water treatment for this portion of the project will either consist of a bioswale 'serving only the southern portion of the site, or the runoff will be routed to the north where it will be treated by way· of a mechanical treatment vault serving the entire site. Utilities for the Phase 2 Garage will connect to existing mains within Lincoln Street. Soil manage,ment: The proposed area for the LPG2 addition on Parcel 8 is currently used as surface parking. Contamination by petroleum hydrocarbons (gasoline, motor oils), several metals, and methane gas have been found in soil and groundwater beneath the property. Site remedial measures were overseen and approved by the San Francisco Regional Water Quality Control Board in 2009 and 2010. Because some residual contamination potentially remains in the subsurface and because site redevelopment with a parking garage was anticipated, a Soil Management Plan ("SMP") was developed in 2009 and approved by the RWQCB -in .2010. The SMP describes soil and groundwater handling procedures and methane mitigation measures to be used during development and construction. This plan was developed to be consistent with procedures in the 2008 SWMP Addendum for the Central and Western Parcels. In 2014, the RWQCB confirmed its continued concurrence with the procedures established in the SMP for construction of the Parcel 8 Parking Garage. Planning Applications: The project includes the following-Planning applications: • Zoning Amendment to PD-1901 District. The zoning amendment proposes to add additional office space and parking totals as an allowable use in this zoning district and to update the San Rafael Corporate Center Master Use Permit and rescind medical office as an allowable use. The proposed amendments to the Zoning District are presented in Exhibit A of the attached draft resolution addressing the zoning amendment (Exhibit 5). Exhibit A presents the amendments in strikeout/underline format. • Amendment to Master Use Permit (UP11-033). The Master Use Permit Amendment is required to approve the establishment and operation of the new office building; and • Environmental and Design Review Permit. The Environmental and Design Review Permit is required to approve the development of 755 Lindaro Street, 788 Lincoln Avenue/LPG2 and site improvements, as required by SRMC Section 14.25.040.A.1. :'ANALYSIS ,", ' San Rafael General Plan 2020 Consistency: It is required that the project be reviewed for consistency with the San Rafael General Plan 2020. It is important to note that General Plan consistency is determined by reviewing and weighing the goals and REPORT TO PLANNING COMMISSION -Case No's: ZC14-0021 UP14-052/ED14-097 Page 10 polices of all elements of the San Rafael General Plan 2020. The General Plan is comprised of numerous elements. Both the San Rafael General Plan 2020 and case law interpreting general plan requirements recognize that the General Plan is a collection of competing goals and policies, which must be read together, as a whole and not in isolation. In reviewin9 a project for consistency with the General Plan, the City is required to Ibalance' the competing goals and policies. Case law has' determined that a project "need not be in perfect conformity with each and every policy" and that /lno project could completely satisfy every policy stated in the General Plan, and that state law does not impose such a requirement." (Sequoyah Hills Homeowners Association vs. City of Oakland -1993). The proposed office and parking uses would be consistent with the General Plan goals and pOlicies that are pertinent to the site and use. The site is designated as "Lindaro Officell on the General Plan 2020 Land Use Map, and general office and parking are allowable uses within this designation. Based on review, the proposed project would be consistent with all applicable General Plan policies in the Land Use, Neighborhoods, Circulation and Sustainability Elements. There is one specific Neighborhood element policy that addresses this site (NH-39 -Lindaro Office District Design Consideration) and states uReduced visual impact of parking areas through site design and landscaping.n This project would be consistent with that specific policy given that the proposed project would be effectively integrating 300 new on-site parking spaces with the overall development. Consistency with the San Rafael General Plan 2020 is included in Exhibit 7. A summary of the project's consistency with key policies (from the Land Use, Circulation, Neighborhood and Sustainability Elements) is provided as follows: LU-9 Intensity of Nonresidential Development Commercial and industrial areas have been assigned floor area ratios (FARs) to identify appropriate intensities (see Exhibits 4, 5 and 6). Response: Consistent. Per Exhibit 6, the maximum FAR for the subject property is .75. After development of 755 Lindaro Street, the final FAR for the SRCC will be .07 (473, 096 sq ft) which is below the maximum allowed FAR of .75 (507,693 sq ft). LU-12 Height. Building Heights. Citywide height limits in San Rafael are described in Exhibit 9 of the General Plan. Height limits may be exceeded through granting of a zoning exception or variance} or through a height bonus as described in LU-13 (Height Bonuses). Response: Consistent. Per Exhibit 9, the maximum height limit for the SRCC is 54 feet. However, as defined in the SRMC Section 14.16.120 -Exclusions to the maximum height requirement building heights can extend above the maximum for the purposes for screening rooftop equipment or housing mechanical equipment. As such, the proposed 755 Lindaro Street office building and LPG2 are 54' high as measured to the rood deck, however, both structures have elements extending above the roof deck to screen equipment and/or for elevator towers. 755 Lindaro Street has an additional 13' for mechanical equipment screening behind the mansard roof. LU-23. Land Use Map and Categories The San Rafael General Plan 2020 has adopted the Lindaro Office land use designation for the project site. Response: Consistent. The Lindaro Office land use designation permits a variety of land uses including, among others, office and hotel uses that are ,intended to promote and support employment in Downtown San Rafael. Office land uses are commonly found in and around Downtown and would further promote visitors to the area. C-5. Traffic Level of Service Circulation Element C-5 sets level of service (LOS) standards for local, signalized intersections and arterial segments. A LOS E standard is adopted for Downtown San Rafael. REPORT TO PLANNING COMMISSION -Case No's: ZC14-0021 UP14-0S2/ED14-097 Page 11 Response: Consistent. A traffic study has been completed finding that the proposed, expanded land uses would not impact or change the LOS conditions at local signalized intersections or along segments of Second and Third Streets, which are arterial streets. C-12~ Transporiation Demand Management , Work cooperatively with governn:-ental agencies, non-profits, businesses, institutions and residential neighborhoods to create new and effective Transportation Demand Management (TOM) programs to minimize single occupancy automobile use and peak period traffic demand. Response: Consistent. The applicant submitted a Transportation Demand Management Plan (see Exhibit 7). The proposed TOM submitted as part of this review will include concepts like flexible work hours and location, incentives for alternate transportation options and employee compensation programs for utilizing mass transit, carpooling and other alternatives. Conditions of. Approval will be included requiring the applicant to submit a final TOM prior to issuance of a building permit. NH-38. Lindaro Office District This policy encourages a mix of compatible land uses for the office park site that compliment not compete with other Downtown Districts. . Response: Consistent. The proposed project would expand the allowable land uses for the San Rafael Corporate Center, which would encourage increased employment success in Downtown San Rafael. NH-39. Lindaro Office District Design Considerations This policy suggests good building design with active ground floor and connections throughout the Lindaro area with neighborhood relationships Response: Consistent. CD-21. Parking Lot Landscaping Provide parking lot landscaping to control heat build-up from pavement reduce air pollution, provide shade cover for vehicles and soften the appearance of the parking .Iot. Emphasize the use of trees, and limit the height of shrub plantings so as to avoid creating security problems. Response: Consistent. A landscape plan is included in the project proposal. The landscape plan includes shade trees for surface parking lots as well as a photovoltaic support structure for the roof of the parking garage addition. SU-1. Land Use Sustainability Element Policy SU-1 encourages land uses that increase commercial intensities (e.g'J employment) within walking distance of high frequency transit centers and corridors. Response: Consistent. The proposed project includes additional office uses at the Corporate Center, which is in immediate proximity and walking distance to the Bettini Transit Center and planned SMART rail station. SU-2. Promote Alternative Transporiation. This policy promotes using alternative methods of transporiation to decrease miles traveled in single- occupant vehicles. Response: Consistent. The project applicant has developed a TOM (see Exhibit 7) as a means to support alternative transportation programs and incentives. The purpose and intent of the REPORT TO PLANNING COMMISSION ~ Case No's: ZC14-0021 UP14-052/ED14-097 Page 12 TDM is to offer transportation alternatives for employees at the SRCC to minimize traffic and parking congestion. Conditions of Approval will be included requiring the applicant to submit a final TDM prior to issuance of a building permit. CON-6. Creek and Drainageway Setbacks This policy requires a minimum 25-foot development-free setback from the top of creek banks for all new development (including, but not limited to, paving and structur.es) .... Response: Consistent. The project proposed is outside the 25' set back from the top of Mahon Creek bank. No landscape or parking improvements are proposed in the existing setback area. Zoning Ordinance Consistency: Planned Development (PD1901) District Amendment The project site is solely regulated by the Planned Development (PD-1901) zoning district that is adopted for the San Rafael Corporate Center. PO zoning is required for larger properties in San Rafael and the purpose is to promote and encourage cluster development on larger sites to avoid sensitive areas, encourage innovative design on large site, by allowing flexibility in property development standards, accommodate various types of large scale, complicated development. The site was established with the PO zoning as part of the original approval of the San Rafael Corporate Center. Master Plan. That PO approved the development of the existing development on the site, five office buildings and two parking structures. In 2012, the PD was amended to PD1901 allow a certain amount of the office space to be used as medical office; however, that never came to reality. Planned Development zoning also offers and ensures the highest level of City review, given that they are approved by Ordinance, any amendment have to be reviewed and ultimately approved by the City Council, following review and recommendation of the Design Review Board and Planning Commission. The proposed amendments to the PD-1901 District would expand the allowable uses and amount of development approved at the project site to include the additional 72,396 sq ft office building and expansion to the parking structure to accommodate the required parking for the additional office building. The amount of intensity proposed by the amendment to the PD, is consistent with the maximum allowable intensity allowed by the San Rafael General Plan 2020. The proposed project will result in a final FAR of .7 (473,096 sq ft) which is lower than the floor area ratio allowed for this area (0.75 FAR). The proposed structures are also consistent with the maximum 54 ft height limit (with height bonus allowed for a couple of the existing building in exchange for public benefit that was provided) although a maximum of 13' additional height is allowed to screen mechanical and elevator equipment rooms above the roof decks. The amendment to allow the additional development on the site, would be consistent with the General Plan and would continue the design and massing character of the current site and adjacent areas. The proposed project is consistent with Chapter 14.07 of the Zoning Ordinance. Amendments to PO Standards are contained in Exhibit A of Draft ordinance (see Attachment 4), which include the following: (applicant is proposing suggest language) • Amendment specifies the continuation of the land uses allowed; • Eliminating the allowance for medical office, as this was previously approved, but never implemented; and • Updates the development standards to follow the current development plans, which includes the additional 72,396 sq ft building and parking garage expansion, continues the same parking requirement as is currently in place in the PO which required 3.3 parking space for 1000 sq ft. Environmental and Design Review Permit REPORT TO PLANNING COMMISSION -Case No's: ZC14-0021 UP14-052/ED14-097 Page 13 As discussed in detail in the project's consistency with the Zoning Code and PD 1901 District in the attached Table for consistency (Exhibit 12), the proposed project design is consistent with the applicable design and development standards related provisions of PD 1901 and Chapter 14.25 of the SRMC in that the proposed project continues the existing design character, architecture, color palate and materials of the existing SRCC. The proposed design provides logical site planning and building placements of the new office building and parking structure which continues the current development character of the SRCC. The proposed development also provides ample articulation and fa9ade embellishment of the parking structure which breaks up the expansion and minimizes the mass and scale of the entire building. The site currently operates under a Master Use Permit (UP-11-033). The master use permit regulates the types of allowable uses anq administrative functions for the SRCC and is designed to regulate multi-use and multi-tenant projects in a coordinated, consolidated manner in a stable and desirable character which will benefit the occupants, the neighborhood,' and the city as a whole. Currently, the Master Use Permit allows for general office use and Medical and research and development uses. These uses are 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 development with residential and day care land uses. The Master Use Permit would continue to disallow 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. As amended, the Use Permit would remove the Medical Office Use and approved parking reduction and introduce additional office use and parking consistent with the existing permit. The proposed project amendments to the Master Use Permit, include the following: 1. Use of the site for general office and research and development in six structures, totaling 473,096 square feet. 2. Elimination of the previously allowed medical office use on the campus. 3. A new 72,396 square foot office building on Parcel 1 (755 Lindaro Street). Construction includes the removal of 74 surface parking spaces on Parcel 1). 4. Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000 square feet of gross building area. A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total of 300 parking spaces (257 covered parking spaces and 43 surface parking spaces) Key issues and concerns regarding the master use permit include the following: • As previously amended, the Use Permit requires a parking ratio of 3.3 parking spaces per 1000 square feet of gross office building areas for the entire SRCC. Although medical office would no longer be allowed within the SRCC, the proposed parking structure addition will continue this ratio. Furthermore" the previous owner/operator of the SRCC, Seagate Properties, conducted a parking study to determine extra or reduced spaces for the entire project to help manage overall parking requirement for the SRCC. A condition of approval will be included requiring BioMarin to prepare a parking study documenting parking demand for the SRCC. . • The proposed project is amending the existing Master ·Use 'Permit by removing the previously entitled and approved medical office use. Although approved, medical office was never constructed within the SRCC. The 2011 amendment also included a traffic study to understand the traffic related impacts of medical office use. Medical office generates more daily trips but less peak AM and peak PM trips (see Environmental Review discussion below). As such, the conversiot) of medical office to general office would not result in additional traffic trips or congestion and has been determined to not have any environmental impacts due to the addition REPORT TO PLANNING COMMISSION -Case No's: ZC14-0021 UP14-052/ED14-097 Page 14 of new office space. However, original traffic demand assessments were based on medical office use and therefore generated different AM and PM peak trip data. A condition of approval will be included requiring the project sponsor prepare a final traffic trip assessment prior to submittal for a building permit to determine the anticipated AM and PM peak trip allocations. • The proposed 755 Lindaro Street office building and the addition of the LPG2 will expand the overall mass and scale of the SRCC. Both structures have been designed to fit their respective sites and continue a design aesthetic and massing that is consistent with other buildings throughout the SRCC. Although the new 755 Lindaro Street building is designed based on the limitations of existing easements overlain on the subject property, the building's overall design aesthetic is consistent with other buildings in the SRCC. The Design Review Board approved the design contingent on minor design adjustments and requested that the Applicant investigate redesigning window proportions on upper floors to produce a more harmonious fagade and also redesigr) expansion joints so that the elevations are more symmetrical. The ORB also asked that the Applicant redesign the portico/cornice option proposed for the parking garage expansion entrance. • As discussed in the project description section above, the proposed project will not alter the requirements of the existing public benefit requirements. Although the 755 Lindaro Street office building will require removal of 74 parking spaces, the Applicant is replacing the required parking as a component of the parking structure expansion. However, the 74 spaces required for removal on the western lot also represent 74 spaces allocated for public after-hours usage as required by the existing PO Zoning and Master Use Permit. As proposed, the Applicant will allocate these 74 spaces throughout the surface parking lots in the SRCC, including the east surface lot, and the two internal lots (used for visitor parking during the day). This will require an amendment to the original condition of approval #6 to UP97-10 for public use of the western surface parking lot. Furthermore, as indicated by the applicant, true demand for the surface lots may not be in line with the requirement for actual spaces. A condition of approval will be included requiring a parking demand assessment submitted on a semi-annual basis for the purposes of identifying parking demand in the SRCC area. • The, Applicant has not proposed a change to the existing Public Benefit requirements from the initial Development Agreement. This includes access to the public parking, access to the park area and use of the 2,500 square foot conference room in Building A (750 Lindaro Street). As such, the requirements included in the Conditions of Approval 4.g of UP11-033 require 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 and regulations are included in Exhibit 10 and require the conference rooms to be available to the public for the same hours prescribed in this document. Findings, pursuant to SRMC Chapter 14.25 are required to approve the Master Use Permit Amendment. Detailed findings and consistency with the Master Use Permit are included in the resolution (see Exhibit 4). The ORB has reviewed the project (see discussion below) and recommended approval of the proposed design. DESIGN REVIEW BOARD RECOMMENDATION As required for all Planning Commission-level permits, _ the Board (Commission Liaison Schaefer) provided conceptual design review recommendations on the proposed project. On September 16, 2014 the Board provided Conceptual Review of the, project which featured a 80,000 laboratory building on Parcel, the six-story phas II expansion of the Lincoln Street parking garage, and elevated pedestrian bridges linking key office and lab building through internal circulation. In general, the Board was pleased REPORT TO PLANNING COMMISSION M Case No's: ZC14-0021 UP14-052/ED14-097 Page 15 with the proposed project in terms of design, mass and scale, but had a few specific questions related to overall siting and program for the overall project and asked the applicant to produce studies responding to these questions. On November 3, 2014, formal applications for development of the new office building and parking garage expansion were filed. A revised project set was resubmitted in April 2015. On May 19, 2014 the Board (Commission Liaison Lubamersky) provided Formal Review of the project. Between the Conceptual and Formal review, the applicant had revised the original program and design of the project. The applicant no longer required laboratory space and thus revised the plan to feature a smaller office only building on the 755 Lindaro site. The parking structure design was not revised. The Board was pleased with the revised project in terms of design, mass and scale, but again had a few specific questions related to architectural details of 755 Lindaro and minor alternations to the parking structure addition. The Board requested that the applicant address these concerns and recommended the project for a follow up formal review hearing. . The applicant resubmitted a revised project plan set on June 2, 2015. On June 16, 2014 the Board (Commission Liaison Schaefer) provided Final Review of the revised project. In general, the Board was pleased with the overall project in terms of design, mass and scale. The Board voted to approve the design as proposed, but suggested a few minor requests with regards to details on both the office building and parking garage components of the project, but recommended via a 5-0 vote, the approval of the project to the Planning Commission conditioned on the consensus revisions be made. The City of San Rafael does not prepare meeting minutes, but all Board meetings can be reviewed online at: http://www.cityofsanrafael.org/meetings/. Initial Study I Mitigated Negative Declaration The initial review and approval for the San Rafael Corporate Center development was subject to a lengthy and technical environmental review process. As discussed in the Background section of this staff report, in 1998 the Fair, Isaac Final Environmental Impact Report (FEIR) was prepared (and certified) assessing numerous issues and topic areas associated with the development of this office park. The proposed additions of the office building and parking structure to the SRCC requires an amendment to the Planned Development (PD-1901) District, which are subject to environmental review. Per California Environmental Quality Act (CEQA) Guidelines Sections 15063 (Initial Study), an Initial Study has been prepared for the project. The project as proposed would result in potentially significant impacts in Air Quality, Cultural Resources, Geology and Soils, and ,Hydrology and Water Quality but could be . reduced to less than significant levels through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. Recommended measures are summarized in the attached Mitigation Monitoring and Reporting Plan (MMRP) and Initial Study/Mitigated Negative Declaration. The Initial Study/Mitigated Negative Declaration document has been prepared in consultation with local, and state responsible and trustee agencies and in accordance with Section 15063 of the California Environmental Quality Act (CEQA). The project will not result in any potentially significant environmental impacts, nor result in new mitigation measures based on the following: 1. The proposed project would generate 1,156 less daily trips but 33 more AM peak hour trips and 62 less PM peak hour trips than what is currently permitted onsite and what was evaluated for the Medical Office Building use evaluated in the 2011 Mitigated Negative Declaration. As part of the analysis for the 2011 Mitigated Negative Declaration to evaluate the additional of Medical Office REPORT TO PLANNING COMMISSION -Case No's: ZC14-0021 UP14-052/ED14-097 Page 16 Use, the Transportation Authority of Marin (TAM) reported that as a result of implementing the US 101 Gap Closure project, conditions along the US 101 segments through Central San Rafael have improved from the unacceptable LOS conditions (reported in the previously certified Fair, Isaac Office Park Project Final EIR) to acceptable LOS levels (through year2030 with projected growth). The initial Fair, Isaac Office Park approval required the City to make findings of overriding consideration because of the project's contributions to unacceptable traffic conditions along these US 101 segments. This finding is no longer required because of the current and projected LOS segment conditions. This condition, coupled with the r.eduction in overall trips as compared to medical office use, results in less than signific~nt impacts for the proposed project. 2. Enhanced construction mitigation measures shall be implemented as a condition of approval that will reduce potential air quality impacts to less than significant levels .. 3. There are no known prehistoric or historic subsurface cultural or paleontological resources or human remains on the subject property. Should these resources be encountered during ,construction, mitigation measures, included as. conditions of approval, aimed to provide documentation and/or recovery will reduce impacts to less than significant levels. 4. Recommendations from the project geotechnical engineer shall be incorporated into the project grading and building plans ,5. The applicant shall submit a Stormwater Pollution Prevention Plan (SWPPP), a Soil Management Plan (SMP) and a Stormwater Control Plan (SCP) as required by the conditions of approval that ensure the project is in compliance with State and local agency Best Management Practices for limiting pollution and runoff from the project site. 6. The City of San Rafael adopted a Climate Change Action Plan (CCAP) in 2009. The San Rafael CCAP is in compliance to the Bay Area Air Quality Management District's (BMQMD's) CEQA Guidelines for Green House Gas (GHG) reduction plans. The project would not exceed BMQMD thresholds for GHG emissions during construction or operation. In addition, the project . includes numerous sustainable design features, and would not develop a land use not already anticipated for in the City's General Plan that would introduce new significant sources of GHG emissions. Therefore, the project would not conflict with the City's CCAP. 7. The site is included on a list of hazardous 'material sites compiled by the state. However, ongoing remediation activities are in process to remove hazardous materials from the project site and land uses on the site are restricted by ,deed to commercial and office uses. Residential uses are prohibited on the project site and are not proposed. Because the project site is undergoing existing remediation efforts and the property has deed restrictions, the project would not create a significant hazard to the public or the environment and no further mitigation is required. The Mitigation Measures recommended in the MMRP have been incorporated as Conditions of Approval included in Exhibit 5. Consistent with CEQA Guidelines Section 15073, the Initial Study/Negative Declaration was published and made available on June 30, 2015 to meet the minimum 30-day public review period prescribed by CEQA Guidelines. The public review period closure typically coincides with the Planning Commission public hearing. Since the PC hearing has been scheduled longer than the required 30 days, the public review period has been extended. The public review period closes with the closure of the August 25, 20'15 Planning Commission public hearing. To date, the City has received one comment on the Initial Study/Negative Declaration which is included as Exhibit 11. 'NEIGHBORHOOD. MEETING J Q,QRRESPONDENCE REPORT TO PLANNING COMMISSION -Case No's: ZC14-002f UP14-052fED14-097 Page 17 No neighborhood meeting was held on this project. The Applicant has conducted individual or small group outreach meeting with various interested stakeholders or members of Neighborhood Associations. A Notice of Public Hearing was mailed to all property owners and occupants within a 400-foot radius of the subject site, numerous Homeowners Associations, and all other interested parties, 15 calendar days prior to the date of all meetings, including this hearing. (Exhibit 9). To date, several letters have been received which are included as Exhibit 12. With the proposed Master Use Permit and Zone Change to allow additional office space and related parking, the proposed project would be consistent with the use related policies of the General Plan and San Rafael Corporate Center (PD 1901). The proposed project is consistent with the FAR and height standards for the subject property and the proposed use adds to the growing business in the Downtown area. The' project design as proposed is generally consistent with the design related policies of the General Plan as well as with the development standards and design related provisions of the San Rafael Corporate Center (PD 1901), Zoning Ordinance, San Rafael Design Guidelines. The Design Review Board has reviewed the project design and recommended its approval. Community members have often expressed a desire to require a public benefit component of the project. During the initial process for the office park development, the project sponsors required a height bonus and thus were subject to the requirements of a development agreement. That agreement included provisions for public parking, access to open space, and use of specific conference rooms within the SRCC. The current proposal does not require special considerations and therefore there is no nexus to require additional-public benefits from the proposal. Similarly~ the applicant has acknowledged that several community members have requested less parking on site to minimize vehicular trips while still others have asked for the maximum parking allotment so as to open up excess stalls to public use or to link parking use to the SMART station or other downtown developments. The applicant has attempted to come up with consensus for the parking issue and at present has addressed the existing condition by offering all surface spaces for after-hours public use. Staff finds that there is no nexus to require additional public parking for this project but also recommends that the Commission provide input to address the replacement spaces for public use. The proposed project and environmental impacts have been studied in an Initial Study I Mitigated Negative Declaration (IS/MND) prepared for the project. The IS/MND concludes that although the project could result in potentially significant impacts in Air Quality, Cultural Resources, Geology and -Soils, and Hydrology and Water Quality they would be reduced to less than significant levels through implementation of recommended mitigation measures and therefore a Negative Declaration has been determined. Staff recommends the Planning Commission recommend approval of the proposed project to the City Council. . The Planning Commission has the following options: 1. Recommend approval of the applications as presented (staff recommends approval as presented). 2. Recommend the applications with certain modifications, changes or additional conditions of approval. 3. Continue the applications for additional information or response to the Commission comments or concerns. 4. Recommend denial of the project application and request staff to prepare' revised resolutions for approval. REPORT TO PLANNING COMMISSION -Case No's: ZC14-002/ UP14-052/ED14-097 Page 18 EXHIBITS 1. Vicinity/Location Map 2. Reduced site plan and elevation of proposed project 3. Draft Resolution Recommending Adoption IS/MND and Approval of Mitigation Monitoring and Reporting Plan (MMRP) 4. Draft Resolution Recommending Amendment to Planned Development (PD 1901) Zoning 5. Draft Resolution Recommending Approval of Master Use Permit, Environmental and Design Review 6. Letter(s) from Applicant, Dated August 12, 2015, Summarizing Proposed BioMarin Project, David McAdams, DGA architects. 7. Transportation Demand Management Plan prepared by BioMarin 8. Table General Plan 2020 Analysis 9. Table San Rafael Design Guidelines Analysis 10. Rules and Regulations for public use of conference room and outdoor areas. 11 . Public Notice of Hearing 12. Correspondence Received Full Size and Reduced copies of Project Plans distributed to the Planning Commission only. IS/MND distributed on June 30,2015, to the Planning Commission and City Council only W:J ... PC Staff Report_SRCC 755 Lindaro_OB.25.15.doc EXHIBIT 3 RESOLUTION NO. XX-XX RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION , RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN lNITIAL STUDY / MITIGATED NEGATIVE DECLARATION (IS 14- 003) AND APPROVAL OF THE MITIGATION MONITORING AND REPOR TlNG PROGRAM (MMRP) SUPPORTlNG THE APPROVAL OF A 72,396-SQUARE-FOOT OFFICE BUILDING AND A PHASE 2 PARKING GARAGE EXPANSION PROJECT AT THE SAN RAFAEL CORPORATE CENTER, 755 LINDARO STREET AND 788 LINCOLN AVENUE (APN: 013-021-34, 35, 39, SO, 51, 52, 53, 54 & 55) ZC14-002, UP 14-052, ED14-097 WHEREAS, in 1998, the San Rafael City Council prepared and cel1ified the Fair, Issac Final Environmental Impact Report (FEIR), which assessed the potential environmental impacts for developing a Inulti-buiJding office complex on the subject 1 5.54-acre site; and WHEREAS, in August 2000, the San Rafael City Council adopted an amendment to the Planned Development (PD-1721) District to approve changes in the zoning district development standards in order to accommodate Inulti-tenant use of the office park (San Rafael Corporate Center). The atnended Planned Development District (PD-1754); and WHEREAS, in October 2011, the San Rafael City Council adopted an amendment to the Planned Development (PD-1754) District to expand the allowed land uses for the San Rafael Corporate Center to include medical use and research and development and allowed the adopted parking standard of 3.3 parking spaces per 1,000 in the Master Plan (instead of 4.4 parking spaces per 1,000 sf for medical office). The amended Plalmed Development District (PD-190 1) is currently in effect; and WHEREAS, in 2011, the San Rafael City Council adopted a Negative Declaration (ISI1-002), which assessed the potential enviromnental impacts for an amendment to the Planned, Development (PD-1754) zoning district, the Master Use Permit and Development Agreement to expand the allowed land uses for the office park to include medical use (allowance of up to 68,068 square feet of the approved office area) and research and developlnent use for the San Rafael Corporate Center; and WHEREAS, on August 09, 2014, conceptual review planning applications were filed with the City of San Rafael, Planning Division requesting an Amendment to the Planned Development (PD-1901) zoning district, the Master Use Permit (UPll-033) proposing development of an approximately 82,000 square foot, 54-foot tall, three-story laboratory building on the westelTI parcel snrface parking lot (Parcell), a six story expansion of the approved 788 Lincoln parking structure (Parcel 8), and internal pedestrian bridge connections, and to rescind' the previously approved medical office use of the San Rafael Corporate Center; and WHEREAS, on November 3, 2015, a planning permit application was filed by CCCA, LLC (8ioMarin, Inc), propel1y owner requesting an amendment to the Master Use Permit (UP11- 033) to allow additional development including office space and a parking garage expansion use defined as follows: • Use of the site for general office and research and development in six structures, totaling 473,096 square feet. • Elimination of the previou·sly allowed medical office use on the campus. 3-1 EXHIBIT 3 • A new 72,396 square foot office building on Parcell (755 Lindaro Street). Construction includes the removal of74 surface parking spaces on Parcell). • Associated parking to support the approved uses at a ratio of3.3 parking spaces per 1,000 square feet of gross building area. • A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total of 300 parking spaces (257 covered parking spaces and 43 smface parking spaces WHEREAS, on April 8, 2015, a revised project design was filed with the City of San Rafael, Planning Division proposing development of an approximately 73,396 square foot, 54- foot tall, four-story office building on the western parcel surface parking lot (Parcel 1) and a six story expansion of the approved 788 Lincoln parking structure (Parcel 8) of the San Rafael Corporate Center; and WHEREAS, as required by the CalifOlnia Ellvironmental Quality Act (CEQA) Guidelines, staff determined that the proposal is defined as a 'project,' Inaking it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared to determine the potential environmental impacts of the project. The Initial StudY-is supported by several technical studies and repolts (traffic study, geotechnical, aesthetics); and WHEREAS, in pl'eparing the Initial Study, the project was reviewed against impacts identified and mitigation Ineasur~s included in the certified Fair, Isaac Office Park Final Environlnental Impact RepOlt (FEIR) and the 2011 IS/MND (IS 11-002). The purpose of this review was to determine if the project would result in: new significant impacts; an increase in the severity of ilnpacts; or new or expanded mitigation measures from those analyzed and determined in the 1998 FEIR; and . WHEREAS, as demonstrated in the preparation of an hlitial Study and comparing the project activities and actions against the impacts identified and mitigation measures included in the 1998 FEIR, none of the conditions analyzed tmder the FEIR have changed, nor does the proposed project resldt in any significant environmental impacts. Therefore, consistent with CEQA Guidelines Section 15070, the hlitial Study supports and recommends the adoption of a Negative Declaration; and WHEREAS, the 755 Lindaro Street and 788 Lincoln Avenue Parking Garage Phase II expansion project ISIMND was circulated for a 30-day public review period beginning June 30, 2015, and ending August 25, 2015 (SCH # 2007082125). As pad of this review, all potentially significant effects on the environment identified in the IS/MND can be mitigated to less-than- significant levels with implementation of the recommended lnitigation measures; and WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and RepOlting Program (MMRP) has been prepared, which outlines the procedures/steps and requirements for implementing all lnitigation measures identified in the IS/MND. The MMRP is attached; and WHEREAS, on August 25, 2015, the Plannjng Commission held a duly noticed public hearing to review and consider the Initial Study, which recommends the adoption of a Negative Declaration. The Planning Commission considered all oral and written public testimony and the written repOlt of the CommunitY Development Department. As part of this hearing process, the 3-2 ( . Vicinity Map -755 Lindaro & 788 Li~coln (Phase 2 Parking Garage) N SCALE 1 :' 4,786 200 o 200 400 FEET 600 A Thursday, May 14, 20152:07 PM EXHIBIT 3 Planning Commission considered adoption of the IS/MND and the draft MMRP, which is presented in attached Exhibit 3-A of this resolution. WHEREAS, 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 Planning Comlnission recommends to the City Council the adoption of the Negative Declaration (1S14-003) prepared for the land use changes for the San Rafael Corporate Center project based on the following findings: 1. The Initial StudylNegative Declaration has been prepared in accordance with CEQA) the CEQA Guidelines, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. 2. The Negative Declaration has been presented to the City Council who has reviewed and considered the information in the Initial Study, which includes findings and conclusions relative to the certified 1998 Fair, Isaac Office Park FEIR prior to approving the project applications. 3, The City Council has exercised its independent judgement in evaluating the Initial Study and has considered the comments received during the public review period and public hearing, as well as the recOlnmendations of the Planning Commission. Based on this review, the City Council has detelmined that the project will: a) not result in potentially significant impacts for which mitigation Ineasures are requited; and b) result in either no enviromnental impacts or iInpacts that are deemed to be less than significanL The foi'egoing resolution was at the regular City of San Rafael Planning Commission meeting held on the 25 th day of August 2015. COlnmissioners: AYES: NOES: ABSENT: None ABSTAIN: None ATTEST: Paul A. Jensen, Secretary Barrett Schaefer, Chair Mitigation Monitoring and Reporting Program (MMRP) W:/ .. '/SRCC.PC-resojndg&&MMRP _08.25. 15[final] 3-3 EXHIBIT 3-A MITIGATION MONITORING AND REPORTING PROGRAM 755 Lindaro Street, 788 Lincoln Avenue Parking Garage Expansion Phase II, San Rafael Corporate Center, San Rafael, California; August 2015 III. AIR QUALITY lII.b, MM AQ-1: Prior to issuance of any Grading or Demolition Permit, the City Engineer and the Chief Building Official shall confirm that the Grading Plan, Building Plans, and specifications stipulate that the following basic and enhanced construction mitigation measures shall be implemented: • Water all active construction areas to maintain 12 percent soil moisture. • All grading shaH be suspended when winds exceed 20 miles per hour. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • Pave, apply water three times daily, or apply (non-tox(c) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. • Hydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). • Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (including but not limited to dirt, sand, or gravel.) • All visible mud or dirt track-out onto Require as a .condition of approval Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits 3-A-1 Engineering Division Building Division Incorporate as condition of project approval Building Division verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of permit EXHIBIT 3-A MITIGATION MONITORING AND REPORTING PROGRAM 755 Lindaro Street, 788 Lincoln Avenue Parking Garage Expansion Phase II, San Rafael Corporate Center, San Rafael, California; August 2015 adjacent public roads shall-be removed using wet power vacuum street sweepers at least once per day. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. • Wind breaks and perimeter sand bags shall be used to minimize erosion. • The amount of simultaneously disturbed surface shall be minimized as' much ~s possible. • Site access pOints from public roadways shall be paved or treated to prevent track-out. • Replace vegetation in disturbed areas as quickly as possible. • All vehicle speeds on unpaved roads shall be limited to 15 mph. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible: • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to two minutes. Clear signage shall be provided for construction workers at all access points. • All construction equipment shall, be maintained and properly tuned in accordance with manufacturer's specifications. All 3-A-2 EXHIBIT 3-A MITIGATION MONITORING AND REPORTING PROGRAM 755 Lindaro Street, 788 Lincoln Avenue Parking 'Garage Expansion Phase II, San Rafael Corporate Center, San Rafael, California; August 2015 equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone numbershall also be visible to ensure compliance with applicable regulations. lII.b, MM AQ~2: During ground disturbance activities associated with the proposed project1 the construction contractor shall comply with CARB's Airborne Toxic Control Measures (ATCM) addres~ing NOA (Section 93105 and 93106 .of Title 17 of the California Code of Regulations). These ATCMs regulate construction, grading, quarrying and surface mining operations, as well as surfacing applications. V. CULTURAL RESOURCES V.b MM cut T -1: If any prehistoric or historic subsurface cultural resources are discovered during ground-disturbing activities, all work within 50 feet of Require as a condition of approval Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits Require as a condition of approv~1 3-A-3 Engineering Division Building Division Planning Division Incorporate as condition of project approval Building Division verifies appropriate approvals obtained prior to issuance of building permit I ncorporate as condition of project approval Deny project Deny. issuance of building permit Deny project EXHIBIT 3~A MITIGATION MONITORING AND REPORTING PROGRAM 755 Lindaro Street, 788 Lincoln Avenue Parking Garage Expansion Phase II, San Rafael Corporate Center, San Rafael, California; August 2015 the resources shall be halted and a qualified archaeologist shall be consulted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined to be significant, representatives from the City and the archaeologist shall meet to determine the appropriate avoidance measures or other appropriate mitigation. All significant cultural materials recovered shall be, as necessary and at - the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to current professional standards. In considering any suggested mitigation proposed by the consulting archaeologist to mitigate impacts to historical resources or unique archaeological resources, the City shall determine whether avoidance is necessary and feasible in light of factors such as the-nature of the find, project design, costs, and other considerations. If avoidance is infeasible, other appropriate measures (e.g. data recovery) shall be instituted. Work may proceed on other parts ofthe project site while mitigation for historical resources or unique archaeological resources is being carried out. Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits V.c, MM-CUL T 2: Should any potentially unique Require as a 3-A-4 Engineering Division Planning Division Engineering Division verifies appropriate approvals obtained prior to issuance of building permit Deny issuance of building permit Incorporate as Deny project EXHIBIT 3-A MITIGATION MONITORING AND REPORTING PROGRAM 755 Lindaro Street, 788 Lincoln Avenue Parking Garage Expansion Phase II, San Rafael Corporate Center, San Rafael, California; August 2015 paleontological resources (fossils) be encountered during development a'ctivities, work shall be halted immediately within 50 feet of the discovery, the City of San Rafael Planning Department shall be immediately notified, and a qualified paleontologist shall be retained to determine the significance of the discovery. Based on the significance of the discovery, the qualified paleontologist shall present options to the City for protecting the resources. Appropriate action may' include avoidance, preservation in place, excavation, documentation, and/or data recovery, and shall always include preparation of a written report documenting the find and describing steps taken to evaluate and protect significant resources. The City of San Rafael shall implement feasible and appropriate recommendations/mitigation measures "of the qualified paleontologist for any unantic;:ipated discoveries. V.d, MM CULT-3: If human skeletal remains are uncovered during co nstructio"n , the construction contractor shall immediately halt work within 50 feet of the find, contact the Marin County Coroner to evaluate the remains, and follow the procedures and protocols set forth in Section 15064.5(e)(1) of the CEQA Guidelines. If the County Coroner condition of approval Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits Require as a condition of approval Project sponsor obtains approvals from appropriate 3-A-S Engineering Division Planning Division Engineering Division condition of project approval Engineering Division verifies appropriate approvals obtained prior to issuance of building permit Incorporate as condition of project approval Engineering Division verifies Deny issuance of building permit Deny project Deny issuance of building EXHIBIT 3~A MITIGATION MONITORING AND REPORTING PROGRAM 755 Lindaro Street, 788 Lincoln Avenue Parking Garage Expansion Phase II, San Rafael Corporate Center, San Rafael, California; August 2015 determines that the remains are Native American, the project applicant shall contact the Native American Heritage Commission, in accordance Health and Safety Code Section 7050.5, subdivision and Public Resources Code 5097.98 (as amended by AB 2641). Per Public Resources Code 5097.98, the construction contractor shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the human remains are located) is not damaged or disturbed by further development aCtivity until the project applicant has discussed and conferred, as prescribed in this section (California Public Resources Code Section 5097.98), with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. VI. GEOLOGY AND SOILS VI.a(ii), MM GEO-1: Prior to the issuance of a grading permit or improvement plans in lieu of a grading permit, and building plans the applicant shall: Demonstrate to the satisfaction of the City Engineer, that the recommendations of the project geotechnical report have beer.l incorporated into the project grading and building plans. agencies prior to issuance of building permits Require as a condition of approval Project sponsor obtains approvals from appropriate agencies prior to issuance of building 3-A-6 Engineering Division Building Division appropriate approvals obtained prior to issuance of building permit Incorporate as condition of project approval Building Division verifies appropriate approvals permit Deny project Deny issuance of building permit EXHIBIT 3-A MITIGATION MONITORING AND REPORTING PROGRAM 755 Lindaro Street, 788 Lincoln Avenue Parki"ng Garage Expansion Phase II, San Rafael Corporate Center, San Rafael, 'California; August 2015 IX. HYDROLOGY AND WATER QUALITY IX. a, MM HWQ-1: Prior to the issuance of grading permits or improvement plans in lieu of grading permits, the applicant shall: Submit to the satisfaction of the City Engineer, a Stormwater Pollution Prevention Plan (SWPPP) that identifies the project specific Best Management Practices that would be used during the construction phase of the project. The SWPPP shall be consistent with the General Construction Permit water quality standards specified by the Regional Water Quality Control Board and City of San Rafael req uirements. IX.a, MM HWQ-2: Prior to the issuance of grading permits or improvement plans in lieu of grading permits, the applicant shall: Su bmit to the satisfaction of the City Engineer, a soil management plan (SMP) that addresses soil and groundwater management procedures associated with construction activities and demonstrates that permits Require as a condition of approva I Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits Require as a condition of approval Project sponsor obtains approvals from appropriate agen cies prior to issuance of building permits 3-A-7 Planning Division Engineering Division Planning Division Engineering Division obtained prior to issuance of building permit Incorporate as condition of project approval Engineering Division verifies appropriate approvals obtained prior to issuance of building permit I nco rp orate as condition of project approval Engineering Division verifies appropriate approvals obtained prior: Deny project Deny issuance of building permit Deny project Deny issuance of building permit EXHIBIT 3-A MITIGATION MONITORING AND REPORTING PROGRAM 755 Lindaro Street, 788 Lincoln Avenue Parking Garage Expansion Phase II, San Rafael Corporate Center, San Rafael, California; August 2015 the project complies with the 2008 Soil Management Work Plan Addendum approved by the California Department of Toxic Substance Control in 2008 for the New Lab Building site, and the Soil Management Plan approved by the Regional Water Quality Control Board in 2010 for the Lincoln Parking Garage Phase 2 site. IX.a, MM HWQ-3: Prior to the issuance of grading permits or improvement plans in lieu of grading permits, the applicant shall: Submit to satisfaction of the City Engineer a Stormwater Control Plan (SCP). The SCP shall demonstrate that stormwater quality control measures, including Low Impact Development (LID) and Best Management Practices (BMPs) consistent with the Stormwater Quality Manual for Development Project in Marin County have been incorporated into the project design. Require as a condition of approval Project sponsor obtains approvals from appropriate agencies prior to issuance of building permits 3-A-8 Planning Division Engineering Division to issuance of building permit Incorporate as condition of project approval Engineering Division verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit EXHIBIT 4 RESOLUTION NO. RESOLUTION OF TIIE SAN RAFAEL PLANNlNG COMMISSION RECOMMENDlNG TO THE CITY COUNCIL THE APPROVAL· OF AN AMENDMENT TO THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) PLANNED DEVELOPMENT (PD-1901) DISTRICT (ZC14-002) TO ALLOW AN ADDITIONAL OFFICE BUILDING AND PARKING STRUCTURE DEVELOPMENT AT 755 LINDARO STREET AND 788 LINCOLN A VENUE (APN 013-021-34,35,50,51,52,53,54 & 55) 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 15.5 4-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, crunpus landscaping and publicly- accessible pru'k area along Mahon Creek; and WHEREAS, in August 2000, the San Rafael City Council adopted an amendment to the Planned Development (PD-1721) District to approve changes in the zoning district development standru'ds in order to accomlnodate lnulti-tenant use of the office pru'k (San Rafael Corporate Center). The runended Planned Developlnent Distri~t (PD-1754); and WHEREAS, in October 2011, the San Rafael City Council adopted an amendment to the Planned Development (PD-1754) District to expruld the allowed land uses for the San Rafael Corporate Center to include medical use and research and development and allowed the adopted parking standard'of3.3 parking spaces per 1,000 in the Master Plan (instead of 4.4 parking spaces per 1,000 sf for medical office), The amended Planned Development District (PD-1901) is currently in effect; and WHEREAS, on August 09, 2014, planning permit applications were filed with the City of Srul Rafael, Planning Division proposing development of an approximately 82,000 square foot, 54- foot tall, three-story laboratOlY building on the westelTI parcel surface parking lot (parcel 1), a six stOlY expansion of the approve.d 788 Lincoln parking suucture (parcel 8), and internal pedestrian bridge connections of the San Rafael Corporate Center and rescind the medical office use and parking reduction; and WHEREAS, on November 3,2015, a planning pennit application was filed by CCCA, LLC (BioMarin, Inc), property owner requesting an amendment to the Master Use Pennit (UPI1-033) to allow additional development including office space and a parking garage expansion use defined as follows: • Use of the site for general office and research and development in six su'uctures, totaling 473,096 squru'e feet. • EliInination of the previously allowed medical office use on the campus. • A new 72,396 square foot office building on Parcel 1 (755 Lindaro Street). Consu'uction includes the removal of 74 surface parking spaces on Parcell). • Associated parking to SUppOlt the approved uses at a ratio of 3.3 parking spaces per 1,000 square feet of gross bu iIding area, EXHIBIT 4 • A six story addition to the 788 Lincohl Avenue parking structure to accommodate a total of 300 parking spaces (257 covered parking spaces and 43 surface parking spaces WHEREAS, 011 April 28, 2015, a revised project design was filed with the City of San Rafael, Planning pivision proposing development of an approximately 73,396 square foot, 54-foot tall, four-story office building 011 the western parcel surface parking lot (parcell) and a six stOly expansion of the approved 788 Lincoln parking structure (Parcel 8) of the San Rafael Corporate Center; and WHEREAS, on June 16, 2015, the City of San Rafael Design Review Board reviewed the project and on a vote of 5-0 recolrunended approval; and WHEREAS, upon review of the applications, a Draft Initial Study I Mitigated Negative Declaration (IS/MND) was prepared consistent with the requirelnents of the City of San Rafael Environmental Assess1l1ent Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, finding that with mitigations, the proposed development would not result in significant environmental effects. As a result, a Mitigated Negative Declaration (MND) was prepared and noticed for a [30-day] public review period beginning on June 30, 2015 and ending 011 August 25, 2015; and WHEREAS, on August 25, 2015 the San Rafael Planning COlmnission held a duly noticed public hearing on the proposed ISIMND adoption, PD Zoning Amendment, Use Pennit Amendments and Environmental and Design Review Perlnit (ZC14-002, UP14-052,ED14-097), accepting ali"oral and wlitten public testimony and the written report of the Community Development Department staff. NOW, THEREFORE, BE IT RESOLVED, that the Planning COlnmission recOlnmends to the City Council the adoption of an amendment to the San Rafael Corporate Center Plmmed Development (PD-190 I) District based on the following findings and subject to the mnellded Master Plan Land Use and Development Standards presented in attached Exhibit A: 1. As proposed and conditioned, approval of this PD AInendment to expand the allowable uses to include an additional 72,396 square feet of general office and a six-stOlY parking garage expansion would be consistent with the applicable, goals and policies of the San Rafael General Plan 2020 and in confOlmance with the provisions of the PD-190 1 District, as amended. Specifically: a. As proposed, the office and parking structure land uses are consistent with Land Use Element Policies LU-23 (Land Use Map and Categories), LU-I0 (planned Development), LU-9 (Intensity of Nonresidential Development), LU-14 (Land Use Compatibility) in .that these uses would be: allowable under the adopted Lindm'o Office land use designation; compatible with the current land uses allowed under the PD-190 1 District adopted for this site; and compatible with existing land uses found in the surrounding area. b. As proposed, the office and parking structure land uses would be consistent and not in conflict with Circulation Elelnent Policies C-5 (Traffic Level of Service Standards) C-7 (Circulatiqn (mprovements Funding) mld C-12 (Transportation Demand Management) in that: the increase in traffic estimated for these uses would not inIpact or change level of service conditions at local intersections nor would they -"valTant new transportation improvelnents; the office use component would be subject to the adopted citywide traffic tnitigation ~ees which would be used to fund long-term transportation improvements; and the project -"vould not change the current City l'equirement and obligation of the office park owner to implement transportation demand measures such as encouraging tenants, through incentives to carpool and use public transit. 4-2 EXHIBIT 4 c. As proposed, the office and parking structure 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 anowing 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 Bettini Transit Center and the planned SMART mil stations. d. As proposed, the office and parking structure land uses would be consistent with the Community Design Element Policy CD-21(Parking lot landscaping) in that: the uses proposed will have an approved landscaping plan that will provide shade cover and adequate screening of vehicles within parking lot areas. e. As proposed, the office and parking structure land uses would be consistent with newly- adopted Sustainability Element Policies SU-I (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 thennal 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 f. As Pl'oposed, the office and parking structure land uses would be consistent with the Conservation Element Policy CON-6 (setbacks) in that: the uses proposed will be located outside the 25' top-of-bank setback from Mahon Creek. g. The approval of additional office and parking structure 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. h. TIle approval of office and parking structure land uses would be consistent with the PD- 1901 District, as amended by adoption of Zoning Amendment ZCI4-002, which would permit these land uses. 2. The proposed additional office and parking uses would not be detrimental to the health, safety or genera] welfare of the residents or community in that: a. These uses would be compatible with the currently approved and operating adtninistrative 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 development with residential and day cal'e land uses. c. ' The addition of these land uses would not result in any physical changes 01' additions to the approved and largely developed San Rafael Corporate Center complex. The Corporate Center is ad,equately served by local facilities and utilities. d. The scope and definition of the office and parking structure 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. The proposed addition of general office and parking structure land uses will-not result in a reduction in parking ratio requirements currently adopted in the San Rafael Corporate Center Master Plan (3.3 spacesll,OOO 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 14.18.040B) the 4-3 EXHIBIT 4 project has been studied for parking needs for office use at this location finding that the use of the currently adopted paTldng standard for office park IS reasonable, appropriate and adequate in that: a. The cUlTently adopted standard of 3,3 parking spaces pel' 1,000 square feet of building area is consistent with the parking standard studied' and recommended by the Institute of Transportation Engineers (ITE). The lTE standards are based on case studies of developed land uses, and are widely used by local agencies and licensed traffic engineers. b. The approvals and agreements established for the San Rafael Corporate Center require that the existing western parking lot and stluctul'e be made available for public use during the evening hours and on weekends. The addition of the 755 Lindaro stl'eet office building willl'emove 74 spaces from the western parking lot. Per the original approvals for the San Rafael Corporate Center, these 74 spaces have been proposed by the Applicant to be replaced via all existing surface lots within the entire property, including~ visitor selving lots on Parcel 2 and Parcel 3 and Parcel 7, This also includes the proposed surface parking lot on Parcel 8 to the east of the Lincoln Street Parking garage. c. 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 SUppOitS 10wer parking standards. The foregoing resolution was at the regu1ar City of San Rafael Planning Commission meeting held on the 25th day of August 2015. AYES: NOES: ABSENT: ABSTAIN: ATIEST: Paul A. Jensen, Secretary Bal1'ett Schaefer, Chairman W:I .. .ISan Rafael Corporate Ccnter.SRCC,PC-reso_PD 8 25 15v2 Exhibit A: Development Standards Exhibit B: Propeliy Description (Meets & Bounds) EXHIBIT A DESIGN STANDARDS All buildings, structures, site improvements, landscaping, parking and exterior lighting shall be consistent with the Development Plan and conditions of approval for the office park Environmental and Design Review Permit (ED 97 24 ED 14-097). EXHIBIT "Btl: Legal Description pdstnds3.fi 4-7 EXHIBIT A DEVELOPMENT STANDARDS The following standards shall apply to all development of the San Rafael Corporate Center (formerly Fair, Isaac Office Park): 1. Maximum floor area ratio: 2. Building Height: 3. Landscaping: 4. On-site Parking: 5. Building coverage: 6. De:velopment Phasing: 7. Park Facility: Per Development Plan approved under the office park Use Pennit (UP 11 033 UP 14-052) and Environmental and Design Review Pelmit (ED 97 24 ED 14-097). MaxiInum 54 feet, except for the building height bonus granted by City approved office park Use Pernlit (UP 11 ~ UP 14-052and Environmental and Design Review Pennit (ED 97 24 ED 14-097). The building height bonus requires provisions for a parle, which is addressed below. Landscaping shall be consistent with the Development Plan approved under the office parle Environmental and Design Review Permit (ED 97 24 ED 14-097). Minimum 3.3 parking spaces per 1,000 gross square feet of building area, Compliance with and monitoring of on-site parking shall be enforced through the conditions of the approved required by the office park Use Pelmit (UPll ~ UP14-052). Building coverage shall be consistent with the Development Plan approved under the office park Environnlental and Design Review Pelroit (ED 97 24 ED14-097). jAJ.. miniInum of tVlO phases, as defined and approved under the office park Use Permit (UP 11 033 UP 14 052) and Environmental and Design Reviev{ POll11it (ED 97 24 ED14 097). The office park development shall provide a privately nlaintained park with public access adjacent to Mahon Creek, as set forth in the office park Use Pellnit (UP 11 UP14-052) , 4-6 EXHIBIT A San Rafael Corporate Center Master Plan (Folmerly Ordinance 1721, 1754, and 1901 Fair, Isaac Office Park Master Plan) (ZC 97 2b, ZeI1 002) ZC14-02 INTENT The San Rafael Corporate Center (formerly FaIT, Isaac Office Park) Master Plan is based on the plans (Development Plan) approved for the Environmental and Design Review Permit (ED-97-24), Master Use Permit (UP I 1 033 UP14-02) and Tentative Map (TS-97-1), approved by the City Council on Tuesday, Febluary 17, 1998, Monday, August 7,2000 and November 2011, and on September 2015. LAND USES This office park permits a Inaximum of 401,000473,396 square feet of building area approved for the following uses: administrative and general office use. 1. Administrative and General Office Use. Administrative and general office uses as defined by San Rafael Municipal Code Title 19 (Zoning). 2. Medical Use. Medical use is defined as medical office> clinic or medical laboratory (daytime testing services fot' patients and 'visitors). iL total of 6&,068 square feet of medical use is approved as an allovlance, meaning that of the tota1401,000 square feet of office park area> up to 6&,06& square feet can be used for medical use. See Master Use Pel mit (Upn 033) for parking and traffic mitigation fee requirements. 3. 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 of 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 defined as a research and development use. 4. Uses determined to be incidental to the above-listed land uses shall be permitted, as determined to be appropriate by the Community Development Director. Requirements and conditions for all uses in the office park shall be consistent with Master Use Permit (UPll 033) UP14-052. Residential and day care land uses are prohibited by record~d deed restriction. 4-5 EXHIBITB Property Description "Western Parcel" (APN 013-012-38 AND 39) Reference PARCEL TWO A portion of that certain parcel of land described in the deed from F. M. Neely and Sara Neely, his wife, to PG&E recorded December 12, 1922 in Volume 11 of Official Records at page 209, Marin County Records and being more particularly described as follows: Beginning at the intersection of the southerly boundary line of the city street known as Second Street, with the westerly boundary line of the city street known as Lindaro Street and running thence along said westerly boundary: (1) south 06°45'00" west 299.22 feet; thence (2) south 08°53 '00 11 west 405.54 feet ,to a point in the northerly boundary line of the Northwestern Pacific Railroad Right of Way; thence along said northerly boundary line (3) north 54°38'00" west 396.88 feet; thence leaving said northerly boundary line (4) north 06°38'05" east 238.95 feet; thence (5) south 83°33'00" east 241.53 feet to a point herein for convenience called Point nAil; thence (6) north 06°38'05" east 273.54 feet to a point in the southerly boundary line of said Second Street, thence lunning along said southerly boundary line . (7) south 83°33'00" east 123.00 feet, more or less, to the point of beginning. The bearings used are based on the Record of Survey filed for record May I 0, 1985 in Book 20 of SUlveys at page 47, Marin County Records. Reselving therefrom the following easements over and across those certain pOliions of the Parcel Two: 1. The flExclusive Gas Meter EasemenC'; 2. The "Nonexclusive Gas Meter Easement"; 3.. The "West Parcel Slurry Wall Easement"; 4. The II Are a 5A Extraction Trench Easement"; 5. The "Area 5B Extraction Trench Easement"; and 4-8 6. The "West Parcel Electric Facilities Easement"; which are more particularly described as follows: Exclusive Gas Meter Easement Beginning at a point in the easterly boundary line of the parcel of land hereinbefore described and designated PARCEL TWO~ being also the westerly boundary line of said Lindaro Street, from which the southeast comer of said PARCEL TWO bears south 08°53'00" west 329.67 feet; thence leaving said easterly boundary line: (1) north . .81 °07'00" west 30.00 feet; thence (2) north 08°53 '00" east 30.00 feet; thence (3) south 81 °07'00" east 30.00 feet to a point in said easterly boundary; thence along said easterly boundary line (4) south 08°53'00" west 30.00 feet to the point of beginning. Nonexclusive Gas Meter Easement Beginning at the southwest comer of the parcel of land hereinbefore described and designated Excl usi ve Gas Meter Easement and lunning thence (1) north 81 °07'00 11 west 20.00 feet; thence (2) nOlth 08°53 '00" east 50.00 feet; thence. (3) south 81 °07'00" east 50.00 feet; more or less, to a point in the easterly boundary line of said PARCEL TWO, being also the westerly boundary line of said Lindaro Street; thence along said easterly boundary line. (4) south 08°53 'OOtl west 20.00 feet to the northeast corner 'of said Exclusive Gas Meter Easement; thence along the northerly bowldary line of said Exclusive Gas Meter Easement (5) l10lth 81 °07'00" west 30.00 feet to the noIthwest corner of said Exclusive Gas Meter Easement; thence along the westerly boundary line of said Exclusive Gas Meter Easement (6) south 08°53 '00" west 30.00 feet to the point of beginning. West Parcel Slurry Wall Easement A strip of land of the unifolm width of20 feet extending from the general northerly boundary line of said PARCEL TWO, southerly to the southwesterly boundary line of said PARCEL TWO and lying 10 feet on each side of the line described as follows: Beginning at a point in the genera:! northerly boundary line of said PARCEL TWO, from which said Point "A" bears south 83°33'00 11 east 216.93 feet; thence leaving said general northerly boundary line . (1) south 06°29'15 11 west 206.97 feet; thence 4-9 (2) on a tangent curve to the left with a radius of 100.00 feet and tangent at the northerly tenninus thereof to the preceding course, an arc distance of 5 ·8.23 feet, more or less, to a point in the southwesterly boundary line of said PARCEL TWO. Area SA Extraction Trench Easement Beginning at said Point "A" and running thence along the general westerly boundary line of said PARCEL TWO (1) north 06°38'05" east 273.54 feet to a point in the northerly boundary line of said PARCEL TWO, being also the southerly boundary line of said Second Street, thence along said northerly boundary line (2) south 83°33'00" east 19.63 feet; thence leaving said northerly boundary line (3) south 05°41 '35" west 457.82 feet; thence (4) north 84°18'25" west 27.16 feet; more or less, to a point in the southerly prolongation of the general westerly boundary line of said PARCEL TWO; thence (7) north 06°38'05" east 184.60 fee~, more or less, to the point of beginning. Area 5B Extraction Trench Easement ' A strip of land of the unifonn width of 16 feet extending westerly from the easterly boundary of said PARCEL TWO, and lying 8 feet on each side of the line described as follows: Beginning at a point in the easterly boundary line of said PARCEL TWO, being also the westerly boundary line of said Lindaro Street, from which the southeast COIner of PARCEL TWO bears south 08°53 '00" west 157.56 feet; thence leaving said easterly boundary line (1) north 80°40'14" west 135.97 feet to a point within the boundary lines of PARCEL TWO. West Parcel Electric Facilities Easement and the Substation Access Easement That portion of said PARCEL TWO lying westerly and southwesterly of a line described as follows: Beginning at said Point "A" and running thence along the southerly prolongation of the general westerly boundary line of said PARCEL TWO (1) south 06°38'05" west 269.32 feet; thence (2) south 54°38'00" east 125.95 feet, more or less, to a point in the easterly boundary line of said PARCEL TWO. 4-10 "CENTRAL PARCEL" (A~N 013-021-41,51, 52, 53, 54 AND 55) Reference: PARCEL ONE The 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. Reserving therefi'om the following easements over and across those certain portions of the Parcel One: A. The "Central Parcel Slurry Wall Easement"; B. The "Central Parcel Extraction Trench Easement"; and C. The "Central Parcel Electric Facilities Easement"; which are more particularlx described as follows: Central Parcel Slurry Wall Easement A strip of land of the uniform width of 20 feet extending from the westerly boundary line of the parcel of land hereinbefore described and designated PARCEL ONE easterly and northerly to the northerly boundary line of said PARCEL ONE and lying 10 feet on each side of the line described as follows: Beginning at a point in the westerly boundary line of said PARCEL ONE, from which a rebar and cap stamped ilLS 4545", herein for convenience called Point "B", accepted as marking the northeasterly telminus of a course in the westerly boundary line of the 8.280 acre parcel of land as shown upon said Record of Survey filed for record May 10, 1985, which course as shown upon said map has a bearing of S8°53' wand a length of 421.24 feet, bears north 08°53 '00 11 east 364.35 feet; thence leaving said westerly boundary line' (1) south 76°44'52" east 70.89 feet; thence (2) south 84°17'14" east 32.74 feet; thence (3) south 79°31'32" east 111.67 feet; thence (4) south 76°52'26 11 east 104.19 feet; thence (5) north 87°55'06" east 104.33 feet; thence (6) north 62 °01'36 II east 31.14 feet; thence (7) north 46°27'46" east 23.1 0 feet; thence (8) north 33°08'08" east 12.71 feet; thence (9) north 19°37'58" east 36.67 feet; thence (10) north 00°14'58" east 46.69 feet; thence (11) north 10° 10'31 II west 41.35 feet; thence (12) north 06°57'47" west 97.03 feet; thence (13) north 04°56 '07" west 42.24 feet; thence 4-11 (14) north 03°58151 II east 124.15 feet; thence (15) north 09°00'19" east 35.36 feet; thence (16) north 08°34'17" east 106.14 feet; thence (17) north 07°26'47" east 107.63 feet, more or less, to a point in the northerly boundary line of said PARCEL ONE. Central Parcel Extraction Trench Easement A strip of land of the unifom1 width of 16 feet extending easterly from the westerly boundary line of said PARCEL ONE, and lying 8 teet on each side of the line described as follows: Beginning at a point in the westerly boundary line of said PARCEL ONE, from which Point "B" bears north 08°53 '00" east 249.70 feet; thence leaving said westerly boundary l~ne . (l)-south 80°42'05" east 14.39 feet; thence (2) south 79°43 114 11 east 64.83 feet to a point within the boundary lines of PARCEL ONE. Central Parcel Electric Facilities Easement That pOl1ion of said PARCEL ONE, lying easterly and southerly of the general easterly boundary line of the strip of land hereinbefore described and designated Central Parcel Slurry Wall Easement. 4-12 "EASTERN PARCELtf (APN 013-021-50) All that certain real property situate in the City of San Rafael,. County of Marin, State of Califolnia, described as follows: PARCEL ONE: BEGINNING at a point in the Southerly line of Second Street distant 496.5 feet Easterly fi'om the point of intersection of the said Southerly line of Second Street with the Easterly line of Lindaro Street; thence running Easterly along said line of Second Street 140.1 feet to the Southerly line of the San Rafael and San Quentin Turnpike or Toll Road, now known as Francisco Boulevard; thence Southerly and Easterly along said line of said Turnpike 90 feet; thence leaving said TUlnpike and running South 14°59' West 153.5 feet; thence North 38°4' West 278.3 feet to the point of beginning. EXCEPTING THEREFROM all that portion there of lying within the lines of Lincoln Avenue. AND FURTHER EXCEPTING any portion of the above described property which may have been tidelands in the bed of any tidal slough below the elevation of ordinary hig4 tide. PARCEL TWO: BEGINNIN G at the point of intersection 9f the Southerly line of Second Street, with the Easterly line of Petaluma A venue (now known as Lincoln Avenue); thence Easterly along the Southerly line of Second Street 6/10 of a foot to the most Westerly comer of that certain lot or parcel of land which was conveyed by John W. Mackay and James L. Flood to the City of San Rafael, by Deed dated June 5, 1893 and recorded in Book 26 of Deeds at Page 238, Marin County Records; thence along the Southwesterly line of said lot, South 38°04' East 278.3 feet to the most Southerly corner of said lot; thence along the Easterly line of said lot, North 14°59' East 153.6 feet to the Southerly line of the Toll Road; thence Easterly along the Southerly line of the Toll Road 6.6 feet to the Westerly bank of the said tidal canal South 1 I 043' West 289 feet; thence continuing along said Westerly bank on the arc of a circle having a radius of 441.7 feet,462.3 feet to the said Easterly line of Petaluma Avenue; thence N011herly along the said Easterly line of Petaluma Avenue 702.8 feet to the point of beginning. EXCEPTING THEREFROM all that p011ion thereof as contained in the Deed from the City of San Rafael, a nlunicipal corporation, to Pacific Gas and Electric Company, a California corporation, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, and re-recorded November 29, 1961 in Book 1519 of Official Records at Page 608, Marin County Records. 4-13 ALSO EXCEPTING THEREFROM all that portion thereof described as follows: A STRlP OF LAND, 10 feet in width, lying Southeasterly of and contiguous to the Southeasterly boundary of that certain parcel of land described in the Deed from the City of San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a California corporation, recorded October 18, 1961 in Book 1507 of Official Recoi'ds at Page 381, and re-recorded November 29, 1961 in Book 1519 of Official Records at Page 508, Marin County Records. ALSO EXCEPTING THEREFROM all that portion thereof lying within the lines of Lincoln Avenue. AND FURTHER EXCEPTING any portion of the above described property which may have been tidelands in the bed of any tidal slough below the elevation of ordinary high tide. PARCEL THREE AN EASEMENT for sanitary sewer purposes described as follows: A STRIP of land of the unifolm width of20 feet, the centerline of which is described as follows: COMMENCEMENT at a point on the Easterly line of Lindaro Street at the Intersection of two courses bearing South 7° 15' West and South 8° 15' West, as said courses are shown upon that map entitled, "Map of a Portion of Lindaro Street, City of San Rafael, Marin County, California!!, filed for record March 2, 1937 in Volunl e 2 of Official Surveys, at Page 83, Marin County Records; thence North 8° 53' East 32.92 feet to the true point of beginning; thence Southeasterly perpendicular to the aforementioned Easterly line, 315.00 feet; thence along a tangent curve to the left, through a central angle of 510 00' 00" having a radius 0:f215.00 feet, an arc distance of 191.37 feet; thence North 47° 53' East 70 feet, more or less, to the telnllnation of the easement and also the Westerly line of Lincoln Avenue, described as an arc 194.78 feet long in a Deed from the City of San Rafael to the Pacific Gas and Electric Company, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, Marin County Records. PARCEL FOUR That certain real property situate in the City of San Rafael, County of Marin, State of California, more particularly described as follows: . COMMENCING at the intersection of the southerly line of Second Street with the easterly line of Lincoln Avenue, said point being located South 50°10'00" East 0.32 feet from a lead plug and tag RE5561 set ina concrete sidewalk, and as shown on the Record of Survey Map filed May 10, 1985 in Book 20 of Surveys at Page 47,-Marin County Records; thence along said southerly line of Second Street South 83°33'00" East 140.70 feet to the southwesterly line of Francisco Boulevard; 4-14 thence leaving the southerly line of Second Street and along said southwesterly line of Francisco Boulevard, South 51 °37'29" East 98.68 feet to the westerly line ofParcel4, conveyed to the San Rafael Redevelopment Agency by deed recorded October 30, 1997, in Document No. 97-062019; thence along said westerly line South 11 °32'07" West 95.76 feet to the True Point of Beginning; thence continuing along said westerly line South 11 °32'07" West 189.48 feet; thence on a curve to the right tangent to the preceding course having a radius of 441.70 feet through a central angle of36°0 l' 12/l, an arc length of 277.68 feet to the easterly line of aforementioned Lincoln "Avenue; thence along said easterly line of Lincoln Avenue on a curve to the left whose radius point bears North 60°08'08" East 473 feet, through a central angle orol °17'20", an arc length of 10.64 feet; thence leaving said easterly line of Lincoln Avenue on a curve to the left whose radius point bears North 31 °36130" West, a distance of315.00 feet, through a central angle of 50°24127", an arc length of277 J3 feet; thence North 12°06'01" East 102.01 feet; thence NOlih 06°19'27" East 109.66 feet; thence leaving the westerly line of said tidal slough North 80°50'15" West 13.96 feet to the Point of Beginning. Said Parcel contains an area of 0.24 acres, more or less. 4-15 EXHIBIT 5 RESOLUTION NO. RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF AN AMENDMENT TO THE SAN RAFAEL CORPORATE CENTER (750- 790 LINDARO STREET AND 781-791 LINCOLN AVENUE) MASTER USE PERIv1IT (UP 14- 052) AND ED PERMIT (ED 1 4-097) TO ALLOW AN ADDITIONAL OFFICE BUILDING ANDPARRINGSTRUCTUREDEVELOPMENT (APN 013-021-34, 35, 50, 51, 52,53,54 & 55) WHEREAS, in February 1998, the San Rafael City Council adopted a Planned Development District (PD-I72l) appr~ving 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-172l District established zon,ing 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; and WHEREAS, in August 2000, the San Rafael City Council adopted an amendment to the Planned Development (PD-1721) District to approve changes in the zoning district development standards in order to accommodate n;mlti-tenant use of the office park (San Rafael Corporate Center). The amended Planned Development District (PD-1754); and WHEREAS, in October 2001, the San Rafael City Council adopted an amendment to the Platmed Development (PD-1754) District to expand the allowed land uses for the San Rafael Corporate Center to include medical use and research and development and allowed the adopted parking standat'd of3.3 parking spaces per 1,000 in the Master Plan (instead of 4.4 parking spaces pel' 1,000 sf for medical office). The amended Planned Development District (PD-190l) is currently in effect; and WHEREAS, on August 09, 2014, conceptual review planning applications were filed with the City of San Rafael, ~lanning Division proposing development of an approximately 82,000 square foot, 54-foot tall, three-story laboratory building on the western parcel smiace parking lot (Parcell), a six story expansion of the approved 788 Lincoln parking structure (Parcel 8), and internal pedestrian bridge connections of the San Rafael Corporate Center and rescind the medical office use and parking reduction; and WHEREAS, on November 3, 2015, a planning peIIDit application was filed by CCCA, LLC (BioMarin, Inc), property owner requesting atl amendment to the Master Use Permit (UPI1-033) to allow additional development including office space and a parking gat'age expansion use defmed as follows: • Use of the site for genel~al office and research and development in six structures, totaling 473,096 square feet. • Elimination of the previously allowed medical office use on the campus. • A new 72,396 square foot office building 011 Parcell (755 Lindaro Street). Construction includes the removal of74 surface parking spaces on Parcell). • Associated parking to support the approved uses at a ratio of3.3 parking spaces per 1,000 square feet of gross building area. 5-1 EXHIBITS. • A six story addition to the 788 Lincoln A venue parking structure to accommodate a t9tal of 300 parking spaces (257 covered parking spaces and 43 surface parking spaces WHEUEAS, on April 8, 2015, a revised project design was filed with the City of San Rafael, Planning Division proposing development of an approximately 73,396 square foot, 54- foot tall, four-story office building on the western parcel surface parking lot (Parcel 1) and a six story expansion of the approved 788 Lincoln parking structure (Parcel 8) of the San Rafael Corporate Center; and WHEREAS, on June 2, 2015, a finalI'evised project design was filed with the City of San Rafael, Planning Division proposing development of an approximately 73,396 square foot, 54-foot tall, four-story office building on dIe western parcel surface parking lot (Parcel l) and a six stOly expansion of the approved 788 Lincoln parking structure (Parcel 8) of the San Rafael Corporate Center; and WHEREAS, on June 16~ 2015, the City of San Rafael Design Review Board reviewed the project and on a vote of 5-0 recommended approval; and WHEREAS, upon review of the applications, a Draft Initial Study I Mitigated Negative Declaration (IS/MND) was prepared consistent with the .requirements of the City of San Rafael Environmental Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, finding that with mitigations, the proposed development would not result in significant environmental effects. As a result, a Mitigated Negative Declaration (MND) was prepared and noticed for a [30-day] public review period beginning on June 30, 2015 and ending on August 25,2015; and WHEREAS, on August 25, 2015 the San Rafael Planning Commission held a duly noticed public hearing on the proposed IS!MND adoption, PD Zoning Amendment, Use Pelmit Amendments and Environmental and Design Review Permit (ZC 14-002, UP 14-052,ED 14-097), accepting all oral and written public testimony and the writ1;en report of the Community Development Department staff. WHEREAS, by separate resolution, the Planning Commission has recommended to the City Council the adoption of a Negative Declaration (IS 14-003), which adequately addresses the potential environmental impacts of the proposed amendment to the PD-1901 District; and WHEREAS, custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Depaltment. . NOW, THEREFORE, BE IT RESOLVED, that dIe Planning COlnmission recOlnmends to the City Council the adoption of an amendment to the San Rafael Corporate Center Master Use Permit UPII-033 and ED Pennit based on the following findings: Master Use Permit Findings (UP14-0S2) 1. As proposed and as conditioned, approval of this Master Use Pelmit to expand the allowable uses to include all additional 72,396 square feet of general office and a six- story parking garage expansion wou1d be consistent with the applicable goals and policies of the San Rafael General Plan 2020 and in conformance with the provisions of the PD- 1901 District, as amended: Specifically: 5-2 EXHIBIT 5 a. As proposed, the office and parking structure land uses are consistent with Land Use Element Policies LU-23 (Land Use Map and Categories), LU-IO (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-1901 District adopted for this site; and compatible with existing land uses found in the surrounding area. b. As proposed, the office and parking structure land uses would be consistent and not in conflict with Circulation Element Policies C-S (Traffic Level of Service 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 office 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 CUlTent City requirement and obligation of the office park owner to implement transpOltation demand measures such as encouraging tenants, through incentives to carpool and use public transit. c. As proposed, the office and parking structure land uses would be consistent with Neighbol'hood Element Policies NH-I S (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 sUPPOlied by the projecfs proximity to Downtown, the Bettini Transit Center and the planned SMART rail statiolls. d. As proposed, the office and parking structure land uses would be consistent with the Community Design Element Policy CD-21(Parking lot landscaping) in that: the uses proposed will have an approved landscaping plan that will provide shade cover and adequate screening of vehicles within parking lot areas. e. As proposed, the office and parking structure land uses would be consistent with newly-adopted Sustainability Element Policies SU-l (Land Use) and SU-2 (Promote AltelTIative Transportation), and the adopted Climate Change Action Plan in that: the uses are proposed within an existing and approved developlnent 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 transpoliation demand lneasures such as encouraging tenants, through incentives to carpool and use public transit. f. As proposed, the office and parking structure land uses would be consistent with the Conservation Element Policy CON-6 (setbacks) in that: the uses proposed will be located outside the 2S' top-of-bank setback from Mahon Creek. g. The approval of additional office and parking structure land uses would be consistent with Our Vision of Downtown San Rafael in that it would fU1iher promote new businesses and employment in the Downtown area. h. The approval of office and parking structure land uses wou1d be consistent with the PD-190l District, as amended by adoption of Zoning Alnendment ZC14-002, which would pelmit these land uses. 5-3 EXHIBITS 2. The proposed additional office and parking uses would not be detrimental to the health, safety or general welfare of the residents or community in that: a. These llses would be compatible with the currently approved and operating 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 development 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 approved and largely developed San Rafael Corporate Center complex. The Corporate Center is adequately served by local facilities and utilities. d. The scope and defmition of the office and parking structure 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. The proposed addition of general office and parking structure land lIses will not result in a reduction in parking ratio requirements currently adopted in the San Rafael Corporate Center Master Plan (3.3 spaces/l,OOO square feet). The initial approval of the San Rafael Corporate Center found that this developlnent has been designed to adequately address the automobile, bicycle and pedestrian traffic systems. Consistent with SRMC Section 14.18.040B, the project has been shldied for parking needs for 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 cunently adopted standard of 3.3 parking spaces per 1,000 square feet of building area is consistent with the parking standard studied and recommended by the Institute of Transp011ation 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 approvals and agreements established for the San Rafael Corporate Center require that the existing western parking lot and snuctUl'e be made available for public use during the evening hours and on weekends. The addition of the 755 Lindal'o street office building will remove 74 spaces from the western parking lot. Per the original approvals for the San Rafael Corporate Center, these 74 spaces have been proposed by the Applicant to be replaced via all existing surface lots within the entire property, including, visitor sel'ving lots on Parcel 2 and Parcel 3 and Parcel 7. This also includes the proposed sluface parking lot on Parcel 8 to the east of the Lincoln Street Parking garage. The San Rafael Corporate Center is in immediate proximity to the Bettini Transit Center (lnass 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. Findings for Environmental and Design Review Permit (ED14-097) In accordance with SRMC 14.25.090. Findings, foHowing findings are required for approval of an Environmental and Design Review Permit: l. That the proposed 755 Lindaro Street 788 Lincohl Avenue project design is in accord with the Genera] Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located. A detailed discussion of the project's consistency with the applicable General Plan policies is provided in detail in matrix format in the attached 5-4 EXHIBIT 5 General Plan Consistency Analysis (Exhibit 8). The discussion demonstrates that the project is generally consistent with the applicable General PJan Policies. 2. The proposed 755 Lindaro Street 788 Lincoln Avenue project is consistent with the PD- 1901 District for the property in that: a. The PD establishes the allowable uses for the SRCC campus. The proposed project includes uses already permitted in the PD district. b. The proposed project complies with the PD-190 1 developlnent standards regarding various standards regarding height and setbacks, creek setbacks and other setbacks from the property line. 3. The proposed project complies with the Chapter 14.18 Parking Standards in terms of parking space dimensions and the number of 'required parking spaces. A condition of approval requh'es compliance with the requirements for parking lot screening and for the planting of one canopy tree for every four parking space, which would facilitate a tree canopy for shade and would reduce reflective heat from pavement areas. 4. The proposed project complies with the design related criteria of Chapter 14.25 Environmental and Design Review Permits in that: a. The project does not interrupt Inaj01' views of San Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tamalpais and the hills; b. The site design pl'ovides for good vehicular, bicycle and pedestrian circulation and access; c. The front and east side elevations of the building have appropriate level of massing and ruticulation combined with the types and colors of materials to create interest; d. The main vehicular and pedestrian access between the street and the 755 Lindru'o Street building entry is oriented toward the building enhy thereby creating a sense of entry; e. The DRB has detelmined that the proposed design provides appropriate consistency in building placement and height with the overall SRCC campus; f. The proposed landscaping generally conforms. g. Project architecture with appropriate massing, articulation, building colors and Inaterials) is harmoniously integrated in relation to the architectnre consistent with the overall SRCC campus in telms of colors and materials, scale and building design; 5. The project design would not result in potential adverse environmental impacts as documented in the IS/MND for this project. A separate resolution adopting the Negative Declaration has been prepru'ed. 6. The design of the 755 Lindru'o Street 788 Linc01n Avenue project as conditioned below will not be detrimental to the public health, safety, or welfare, or materially injurious to propelties or improvements in the vicinity of the project site, or to the general welfru'e of the City of San Rafael in that: a. The proposed project has been reviewed by appropriate City departments, Conditions of approval recommended by other departments have been applied to minimize potential adverse visual: design, and safety impacts to the project site and adjacent properties; and . b, With the requested zoning amendlnent to allow additional square feet of office and a Six-stOlY parking garage expansion to the allowable uses under PD-1901, the proposed project does not indicate a use that would be prohibited PD-190 1. 5-5 EXHIBITS BE IT FURTHER RESOLVED, that the Planning Commission recommends to the City Council that the amendments to the Master Use Permit UP14-052 and Environmental and Design Review Permit ED14-097 be subject to the following conditions: . Master Use Permit Conditions of Approval (UP14-052) 1. The Mastel' Use Permit approves a 72,396 square foot building for the follo)Villg uses on the Western Parcel of the San Rafael Corporate Center (bounded by Second Street to the north, Lindaro Street to the east, Anderson Avenue to the south): a. Administrative and General Office Use. These uses are defined by the San Rafael Municipal Code, Title 19 (Zoning); b. ~4edical 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 appro'led as an a11o:-:"anco, meaning that of tho total 401,000 square feet of office park area, up to 68,068 squat'e feet could be used for medical use. See condition 5 for parking requirements. Modical lise shall ae suBject to the latest, City adopted traffic mitigation fees. Traffie mitigation fees shall ae'cHarged for each fle..,1 medical use tenant aad ]3aid at the time a building pennit is issued for tenant improvements proposed fe]' this use. Traffic mitigation fees sha,l1 be charged for nevI tnedical use tenaets uatiI the 68,068 square foot lnedieal use allo'wanee has ,been reached. To lllonitor inorelnental fee payment, the property owner shall maintain an accounting of the fees that have been paid and shall be required, to suamit this aeeounting at the time a auilding permit is filed for medical ese teflaflt improvemeflts. Onoe this maximum use al1ovi8Aee has aeeH reached, HO further traffic mitigation fees shall be charged. Furtner, HO traffic mitigation fees are reqeired 'V'Hefl a nev .. medical use is replacing an eJdstmg, ]3re1liously ap]3fo Yled aftd oeeupied ll'ledieal use. c. Research and Development Use. Reseatch and Development use is deftned 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 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. 2. The Master Use Pennit approves 175 surface parking spaces and parlciflg structures on the Western Parcel (south of Second Street, west of Lindaro Street) and surface parking and a si;x. story addition ot eh 788 Lincoln A venue parking garage on the Easteln Parce1 (south of Second Street, east of Linco]n Avenue) tota1ing 300 spaces (257 structured spaces and 43 surface). 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 Parce1s, ensuring that any conveyance of these parcels shall include a reselvation or grant of easement to the benefit of the Central Parcel (office park described in condition 1 above) to provide parking required by this 5-6 EXHIBIT 5 Use Permit and the San Rafael Corporate Center Environmental and Design Review Permit (ED-97-24). 3. Use of the Western and Central Pat'ce1s are subject to the Covenant of Deed Restriction, recorded on August 10, 1989. This covenant restricts the uses that are permitted on these propelties and requires continued maintenance and monitoring of on-site groundwater conditions. The Master Use Petmit and the Covenant of Deed Restriction recognize that the Western and Central Parcels contain utilities and groundwater remediation improvetnents that are to remain on these sites in perpetuity. 4. As required by condition 2 of the initial Master Use Permit (UP97-10 and UP97-10b), these pelmits approved a building height bonus for office Buildings A (750 Lindaro Street)) C (770 Lindaro Street), D (790 Lindaro Street) & E (79 I Lincoln A venue) on the Central Parcel conditioned upon providing pelmanent, 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 Mahon Creek). The park area shaH be owned) ill-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 (RM 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). 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 provided aud permanently maintained at both the Lindaro 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. Special Events and Activities d. Public use of the park area, and the 2,500 square foot conference/meeting romn space provided in Building A for special events and activities shaH be scheduled by appointment, lnade through the property owner and/or association of owners within ~e office park. The property owner and/or association of owners shall designate a pI'opelty manager to oversee the management and scheduling of special events and activities. e. The facilities shall be available for community use at minimum, as follows: a. 5:30 PM to 9:30 PM, Monday through Friday. b. 8:00 AM to 6:00 PM, Saturdays and Sundays. f. 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 shaH be given to not-for-profit organizations, hOlneowners 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. 5-7 EXHmIT5 g. 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 resti'ooms shall be provided in .the park area at no cost to the user. h. 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 cUl1'ently implemented by the City. The fmal, approved rules, regulations and guidelines shal1 be maintained on file with this Use Pelmit. 5. This Use Pennit approves an office building parking ratio of3.3 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. In the event, tlu'ough periodic monitoring, it if found that the demand for Inedieal t:lse parking exceeds the supply, additionallneasures luay 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. As required by the Development Agreement executed for this project (DAIl-OOI), the 'INestern parcel (wester.a pa.rking lot) an surface parking lots within the greater San Rafael Corporate Center Campus shall be made available to the public from midnight to 6:00am and from 6:00pm to midnight on Monday through Friday and all hours on Saturday and Sundays. A permanent sign shall be posted and maintained at the vehicle entrances to--the TNesrern parcel all surface parking lots stating the public parking hours. The property owner shall not charge for public parking without the approval of the City. Approval of a charge for parking shall not be unreasonable withheld, provided that the proposed charges are 110t substantially an materially higher than the amounts charged by the City for City-owned parking facilities in the Downtown San Rafael. 7. Consistent with the initial Master Use Permit approvals (UP97-10 and UP97-10b), the office park building tenants/property owners are required to implement a Transportation Systems Managelnent Progrrun (TSM). A TSM program has been approved and is on file with the Depal'bnent of Community Development. This approved program obligates tenants to encourage elnployees, through incentives to hnplement TSM measures such as staggered work hours, telecomlnuting~ 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 lnonitoring by the City. However} the building tenants/property owners are obligated to provide a good-faith effort in managing project traffic through implementation ofTSM lneasures. 8. The Use Permit shaH be annuaJIy reviewed by the COlnmunity Development Department for a period of five years following full occupancy of the development. The purpose of the rumual review is to detelmine compliance with conditions of approval for the following: a. Review the status of project phasing and construction (including conditions required by ED 11-097). ' 5-8 EXHIBIT 5 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 detellnine 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 recovelY 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; andlor 3) should the use becolne detrimental to the public health, safety and welfare or materially injurious to properties or improvelnents in the vicinity .. Environmental and Design Review Permit Conditions of Approval: (ED14-097) General and 011 going Community Developlnent Department Planning Division 9. This Environmental and Design Review Permit shall be valid for two (2) years from the date of City Council approval, or until October XX, 2017, and shall be null and void unless a building pennit is issued or a time extension is granted within the two years. 10. Except as modified by these conditions of approvals, the approved Environmental and Design Review Permit approves the project's architecture, colors, materials, site plan, site improvements and landscaping as presented on the following plans: a) Architectural Plans prepared by DGA Architects -Sheets 13, 14, 17-21,24-27, and 30-35. b) Landscape Plan prepared by Pederson Associates Landscape Architecture, consisting of Sheets 15-16, and 28-29. 11. Except as conditioned herein, building techniques, materials, elevations, landscaping, infrastructure and appearance of this project as presented for approval, shall be the same as required for the issuance of a building permit. Any future additions, expansions, remodeling, etc. shall be subject to the review and approval of the Planning Division. Modifications that are deemed minor shall be reviewed and approved by the Community Developlnent Director as pal1 of the building pennit application. All other modifications may be refelTed to the Design Review Board and/or Planning Commission for review and action. 12. Applicant agrees to defend, indemnifY, release and hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought against any of the foregoing individuals or entities (ltindemnities"), the purpose of which is to attack, set aside, void or annul the approval of this application or the adoption of any environmental document which accOlnpanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees or expert witness fees that may be assel1ed or incuned by any person or entity, including the applicant, third pal1ies and the indemnities, arising out of or in connection with the approval of this application, whether or not there is concl1lTent, passive or active negligence 011 the pad of the indemnities. 5-9 EXIllBIT5 13. In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify the applicant of any such claim, action or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. In the event the applicant is required to defend the City in connection with any said claim, action or proceeding, the City shall retain the right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the matmer in which the defense is conducted; and 3) approve any and all settlements, which approval shall not be unreasonably withheld. Nothing herein shall prohibit the City frOln participating in the defense of any claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action or proceeding where applicant already has retained counsel to defend the City in such lnatters, the fees and the expenses of the counsel selected by the City shall be paid by the City. 14. As a condition of this application, applicant agrees to be responsible for the payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants retained by the City, associated with the reviewing, processing and implementing of the land use approva I and related conditions of such approval. City Attorney expenses shall be based on the rates established frOln time to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse the City for City Attorney expenses and costs within 30 days following billing of same by the City. 15. All new and existing landscaping shall be lnaintained in a healthy and thriving condition, free of weeds and debris. Any dying or dead landscaping shall be rep laced in a timely fashion. 16. All site improvements, including but not limited to the site lighting, hardscape, landscape islands and paving striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be replaced in a timely manner. 17. The site shall be kept free of Htter and garbage. Any trash, junk or damaged materials that are accumulated on the site shall be removed and disposed of in a timely manner. 18. Approved colors are as shown on the approved color and lnaterial board on file with the Community Development Depaliment, Planning Division except as modified by the follow-up review by the Design Review Board. Generally, the approved color palette consists of brown, tan, crellin and white colors as shown on the approved elevations. Any future modification to colors shall be subject to review and approval of the Platming Division and lnajor lnodifications shall be refened to the Design Review Board. 19. Unless addressed as a separate condition of project approval, the project sponsor shall be responsible for implementing all mitigation measures presented in 755 Lindaro Street and 788 Lincoln Avenue Parking Garage Addition Draft Initial Study / Mitigated Negative Declaration and the approved Mitigation Monitoring and Rep01iing Program (MMRP) adopted by separate resolution and, on file with the Department of Community Developlnent. Consistent with City-adopted development fees, the project sponsor is required to pay a Mitigation Monitoring Fee, which shall be charged and collected through implementation of the MMRP. 5-10 EXHIBITS 20. The project sponsor shall prepare a parking demand assessment submitted on a semi- annual basis for the purposes of identifying parking demand in the SRCC area. This study shall be reviewed by City staff to determine the relationship between TDM requirements for on-site and public parking demand in the Downtown Area. PG.&E 21. Electric and gas service to this development will be provided in accordance with the applicable extension rules, copies of which are available by telephoning PG&E's Service Planning office at the PG&E San Rafael Selvice Center at (415) 257-3431. PG&E recommends early contact so that there is adequate time to review and schedule any necessary w01:k for the development. 22. The cost of any relocation of existing PG&E facilities or conversion of existing overhead facilities to underground necessitated by this project will be the responsibility of the requester as explained above. Prior to tile issuance of Buililing alul/or Grading Pernlits, whichever occurs first COlmnunity Development Department-Building and Planning Divisions 23. The project sponsor shall secure all required approvals and/or pennits from other regulatory agencies including, but not limited to the Regional Water Quality Control Board (RWQCB), Bay Area Air Quality Management District (BAAQMD), San Francisco Bay Regional Water Quality Control Board (SFBRWQCB), State of California Department of Toxic and Substance Controls (DTSC). Community Developlnent Department Planning Division 24. Construction plans submitted for issuance of a building pennit shall include a plan sheet, which lists and incorporates all ED14-097 conditions of approvaL 25. Prior to the issuance of a building permit, the project sponsor shall pay the City-adopted affordable housing in-lieu fee (SRMC, 14.16.030.L2) for 2.16 affordable housing units. The 2.16 affordab1e housing units is based on the type of use and the number ofvelY low, low and moderate income units per 1,000 sq ft of gross floor area. For office or research and development uses, the number of affordable units is 0.03 x 1~000 sq ft of gross floor area, or 72 x 0.03. units, reSUlting in 2.16 affordable units required. The in lieu fee for 1 affordable housing unit is $254,599.00. The required in-lieu fee payment is $549,933.84 ($254,599 x 2.16 = $549,933.84). 26. Prior to issuance of a building permit, the applicant shall sublnit revised plans to address the Design Review Board's recommendation from their June 16, 2015 meeting. The plans shall be subject to final review of the project details by the Design Review Board: Chair Summers, melnbers Lentini, Huntsbeny, Spielman, and Kent, and presented to the DRB as a consent calendar iteln. The final review shall include revision to details of the 755 Lindaro Stl'eet office building and 788 Lincoln Avenue Parking Garage expansion specific to the following: a. Window proportions for the east facing fayade shall have more proportionality and harmony through all floors b. Proposed expansion joint locations shall be consistent with other buildings located throughout the SRCC. 5-11 EXHIBITS c. Appropriate portico/entrance feahue and ro~f1ine cornices located on the south side entrance of the parking structure. 27. Revised drawings shall be submitted to City of San Rafael Community Development Department staff for review and approval for substantial confonnance to ORB requested changes prior to submittal of a building permit application. 28. Prior to the issuance of a building permit for this fITst phase of the project, the applicant shall submit a complete Construction Management Plan (CMP) to the Community Development Depaltment, Planning Division, for the management of the construction for all phases of the project. The CMP shall be subject to the review and approval of the Comlnunity Development Departtnent and Public Works Department. This CMP shall outline measures to mitigate or reduce the potential negative construction and staging impacts of the project on the public streets, adjacent properties and residents/occllpantslbusinesses and the surrounding area. The CMP shall address and incorporate the specific conditions of approval/requirements identified in the conditions of approva1 into the CMP. The CMP shall address the following topic areas for all periods of construction: a. StOlID Water Pollution Prevention Plan (SWPPP). a. Narrative of requirelnents. b. Copy of SWPPP Issued by the State of California and developed by a State CCltified QSD. b. Traffic Management Plan a. Traffic Management Narrative to address consttuction traffic b. Traffic Mitigation Plan c. Site Logistics & Parking Plan a. Site Logistics and Parking Narrative. b. Site Logistics Plan. c. Staging and delivery d. Construction hours e. Parking Mitigation f. Parking Mitigation Narrative g. Valet plan h. Site Plan for parking mitigation i. Fire Department Acc'ess Plan a. Copy of AMMR if applicable b. Copy of Fire Department Access Plan j. Construction Communication Plan 29. The following project design details and modifications shall be made prior to the issuance of a building permit: 30. Contl'actor Contact Infonnation Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street. 31. This approval does not include the approval of any changes to the current approved Sign Program for the site. Any additional signage or changes to the Sign Prograln shall require an runendment to the program to be submitted and reviewed as prescribed by Section 14.19 of the Zoning Ordinance. 5-12 EXHIBITS 32. Plans submitted for building pelmit shall include the location and details for placement of 10 electrical vehicle parking spaces for charging stations. The proj'ect sponsor shall be required to install all electrical connections and infrastructure and vehicle charging units. The charging areas shall be located close to the building. 33. A detailed roof plan shall be submitted. All mechanical equipment (i.e., air conditioning units~ meters and transfonners) and appurtenances not entirely enclosed within the structure (on side of building or roof) shall be screened from public view. The Inethod used to accomplish the screening shall be indicated on the building plans and approved by the Planning Division. . 34. An outstandi~g Planning Division application processing fees shan be p~id. COlnlnunity Development Department, Building Division 35. The design and constnlction of aU site alterations shall comply with the 2013 California Residential Code~ 2013 California Building Code., 2013 PIUlnbing Code, 2013 Electrical Code, 2010 CalifOlnia Mechanical Code, 2013 California Fire Code" 2013 Califo111ia Energy Code, 2013 Title 24 California Energy Efficiency Standards, 2013 California Green Building Standards Code and City of San Rafael Ordinances and Amendments. 36. School fees will be required for the proj~ct. Commercial space is computed at $0.33 per square foot of new building area, Fee calculations are completed by the San Rafael City School District and such fees are paid directly to theln prior to issuance of the build ing permit. Proof of fee payment must be subI1.litted with an application for a building pennit. 37. A building pelmit application shall be accOlnpanied by four (4) complete sets of construction drawings to include: a. Architectural plans b. Structural plans c. Electrical plans d. PIUlnbing plans e. Mechanical p1ans f. Fire sprinkler plans (Deferred Submittal to the Fire Prevention Bureau) g. Site/civil plans (clearly identifYing grade plan and height of the building) h. Structural Calculations i. Truss Calculations J. Soils reports k. Title-24 energy documentation 38. The project sponsor shall prepare and submit a construction management plan to implement the following Bay Area Air Quality Managelnent District (BAAQMD) dust control measures during project construction: a. Water all active construction areas at least twice daily b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard c. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites 5-13 EXHIBITS e, Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets f. Hydro-seed or apply (non-toxic) soil stabilizers to inactive constIuction areas (previously graded areas inactive for ten days or more) g. En~10se, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.) h. Limit traffic speeds on unpaved roads up to 15 mph i. Insta11 sandbags or other erosion control measures to prevent silt runoff to public roadways j. Replant vegetation in disturbed areas as quickly as possible k. Install wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site L Install wind breaks, or plant trees/vegetative wind breaks at windward side(s) of construction areas In. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 mph n. Limit the area subject to excavation> grading and other COnSb1.1ction activity at anyone time. ' o. Explicit guidance measures shall be included on plans submitted for a grading permit and contI'act documents for the application of water to grading and construction sites to' reduce and control dust. Reclaimed water shall be used during construction if available from the Central Marin Sanitation Agency or the Las Gallulas Treatment Plant. 39. Prior to issuance of any Grading or Demolition Pelmit, the City Engineer and the Chief Building Official shall confmn that the Grading Plan, Building Plans, and specifications stipulate that the following basic and enhanced construction mitigation measures shall be implemented: a. Water all active construction areas to maintain 12 percent soil moisture. b. All grading shall be suspended when winds exceed 20 miles 'per hour. ' c. Al1 haul trucks transporting soil, sand, or other loose material off-site shall be covered. d. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. e. }Iydroseed or apply non-toxic soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). f. Enclose, cover, water twice daily or apply non-toxic soil binders to exposed stockpiles (including but not limited to dirt, sand, or gravel.) g. All visible mud or dili track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. h. Wind breaks and perimeter sand bags shall be used to minimize erosion. i. The amount of simultaneously disturbed surface shall be minimized as much as possible. J. Site access points from public roadways shall be paved or treated to prevent track-out. Ie Replace vegetation in disturbed areas as quickly as possible. 5-14 EXHIBIT 5 1. All vehicle speeds on unpaved roads shall be limited to 15 mph. m. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. n. Idling times shall be Ininimized either by shutting equipment off when not in use or reducing the maximum idling time to· two minutes. Clear signage shall be provided for construction workers at an access points. o. All construction equiplnent shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in pr<?per condition prior to operation. p. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take con-ective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. (MM AQ-l) 40. Prior to the issuance of a grading pennit or ilnpl'ovelnent plans in lieu of a grading permit, and building plans the applicant shall demonstrate to the satisfaction of the City Engineer, that the recommendations of the project geotechnical repOlt have been incorporated into the project grading and building plans.(MM GEO-l) 41. Prior to the issuance of grading permits or improvement plans in lieu of grading pmmits, the applicant shaH submit to the satisfaction of the City Engineer, a Stormwater Pollution Prevention Plan (SWPPP) that identifies the project specific Best Management Practices that would be used during the construction phase of the project. TheSWPPP shall be consistent with the General Con~truction Permit water quality standards specified by the Regional Water Quality Control Board and City of San Rafael requirements. (MM HWQ-l) 42. Prior to the issuance of gradin'g pmmits or improvement plans in lieu of grading permits, the applicant shall submit to the satisfaction of the City Engineer, a soillnanagement plan (SMP) that addresses soil and groundwater management proc:edures associated with cOI)struction activities and d~monstrates that the project complies with the 2008 Soil Management Work Plan Addendum approved by the California Depaltment of Toxic Substance Control in 2008 for the New Lab Building site, and the Soil Management Plan approved by the Regional Water Quality Control Board in 2010 for the Lincoln Parking Garage Phase 2 site. (MM HWQ-2) 43. Prior to the issuance of grading permits or improvement plans in lieu of grading permits, the applicant shall submit to satisfaction of the City Engineer a Stonnwater Control Plan (SCP). The SCP shall delnonstrate that stormwater quality control measures, including Low [mpact Development (LID) and Best Management Practices (BMPs) consistent with the Stormwater Quality Manual for Development Project in Marin County have been incorporated into the project design. (MM IlWQ-3) Fire Prevention 5-15 EXHIBITS 44. The design and construction shall comply with the 2013 CalifOluia Fire Code as amended by the City of San Rafael Municipal Code. 45. Prior to issuance of a building permit, the following information shall be added to the plans: Deferred Submittals for the following fire protection systems shall be submitted to the Fire Prevention Bureau for approval and pennitting prior to installation of the systems: a. Private Fire Service Main. b. Automatic Fire Sprinkler System. c. Fire Alarm System. d. Standpipe System. 46. A fITe apparatus access plan shall be prepared for this project. Fire apparatus plan shall show the location the following: e. Designated fire apparatus access roads. f. Red curbs and no parking fire lane signs. g. On site fITe hydrants. h. Fire Department Connection (FDC). 1. Double detector check valve. j. Street address sign. k. Recessed Knox Box. 1. Fire Alarm annunciator panel. m. NFPA 704 placards. 47. The minimum unobstructed width of the fue apparatus access road is 20-feet. 48. The minimum inside turning radius for a fire apparatus access road is 28 feet. 49. Fire lanes must be designated; painted red with contrasting white lettering stating "No Parking Fire Lane". A sign shall be posted in accordance with the CFC Section 503.3. 50. As the building is over 30 feet in height, an aerial fire apparatus access roadway is required parallel to one entire side of the building. The inside edge of the aerial apparatus access roadway shall be located within a minimum 15 feet and a maximum of 30 feet from the bui Iding. 51. The minimum unobstructed width for an aerial fire apparatus access road is 26-feet. 52. Due to site constraints the aerial fire apparatus access roadway does not meet the minimum standards; Lindaro Street will be used for additional aerial apparatus access. Note on the plans that an alternate means and Inethods design is proposed to provide for an equivalent level of protection with the prescribed code; identifY all fne and life safety features and systems that are proposed for equivalency. 53. Due to limited fire apparatus access to the site~ the existing median on Andersen Drive located in front of the driveway shall be removed and permanently patched for emergency vehicle access. This work shall be completed prior to any onsite construction that restricts fire apparatus access through the existing driveway located on Lindaro 5-16 EXHIBITS Street. This requirement is to allow unobstructed fire apparatus access to the existing parking structure. . 54. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway, or between the roadway and the building. 55. The proposed EVA~Emergency Vehicle Access shall be designed and maintained to support a minimum load of 75,000 pounds and shall be surfaced with asphalt or concrete to provide all-weatller driving capabilities. Where bollards are located in the EVA, they shall be an approved type of retractable bollards. Provide complete construction details of the retractable bollards on the fire apparatus plan. The driveway for the new BV A shall be completed prior to any onsite construction that restricts fIre apparatus access through the existing driveway located on Lindaro Street. 56. Show the location of address nUlnbers on the building elevation. Each building must have address identification placed in a position that is plainly legible and visible frOln the street or road fronting the property. Refer to the attached Fire Prevention Bureau Premises Identification Standard 09-1001, Table 1. 57. A Knox Box is required at the primary point of first response to the building. A recessed mounted Knox Box # 3275 Series is required for this,project; the Knox Box shall be clearly visible upon approach to the main entrance fi'om the fire lane. Note the Knox Box must be installed from 72" to 78" above finish grade; show the location on the plans. 58. Provide a stairway for roof access. 59. Hazardous Materials Placard shall be installed in accordance with NFPA 704. 60. Provide a Hazardous Materials Management Plan to be submitted to Marin County Department of Public Works, CUPA 61. Contact the Marin Municipal Water District (MMWD) to make alTangements for the water supply serving the fire protection system. Public Works Department 62. At the time ofbuildillg pennit issuance, the, applicant shall be required to pay a traffic mitigation fee which sha1l be based on the number of trips. For the purposes of this submittal, a 72,396 square foot office building would generate an estimated 209 trips (l08 a.m. and 101 p.m.) which equates to $887,414 (209 x $4,246.00). 63. At the time of building pennit issuance, per SRMC Section 09.04.00, a construction vehicle impact fee for street resurfacing shaH be required based on 1 % of the assessed valuation levied on all building permits and inspections. 64. Provide drainage calculations prepared by a license Civil Engineer for this new structure. The drainage calculations shaH show that there is no change to the drainage patterns as stOlID water crosses the property line. 65. Provide a plan that shows the size, slope and flow direction of the stonn drain system for this site and the pennanent filtration systems proposed for the site to filter stonn water before it exits the property. As part of the updated storm water control requirements, low 5-17 EXIllBIT5 impact design elements shall be required which promote infiltration and stormwater treatment onsite. 66. The connection for the proposed drainage systetn to the existing system appears to reverse the flow within the existing drain on the north side of the building. Prior to issuance of a building permit, provide a profile for the drainage system to clearly show the'intended flow line. 67. Provide information on the plan indicating any special considerations, to be followed tor installation of the foundation at this site in compliance with any soillnitigatiol1 considerations. 68. A soil erosion and sediment control plan shall be l'equu'ed for this project and shall be included with the building pennit plan set. 69. The bicycle parking shown on the plan is denoted with (55). As per the Municipal Code section 14.18.090 (c. 1), the required per bicycle parking capacity shall be 50/0 of the nUlnber of required automobile parking spaces. 79 bicycle parking spaces are required, considering the 1,577 required automobile parking spaces. Prior to building permit submittal, provide an explanation of where these bicycle parking spaces are provided or whether the 55 spaces are adequate for this use. Associated support information will be required fi'om the traffic engineer for a request to reduce the bicycle parking requirement. 70. Prior to building petruit submittal, revise the plans to show the driveway and parking lot aisle widths on the plan per the municipal code. 71. In order to maintain access to the fire exit area, two parallel parking spaces on Lindaro Street will need to be removed. Reconfiguration of the curb bump-outs or islands may be necessary to address the changes. 72. Prior to bu ilding pertnit submittal, revise the plans to provide additional details for the emergency vehicle access locations onsite fi'om Lindaro Street and the median access on Andersen Dr. 73. Improvements within City maintained roadway and median area shall be City standard materials such as asphalt and concrete. Striping and signage may be utilized to restrict non-e1nergency vehicles from using the median access. 74. Prior ot building permit submittal, provide suppOlting documents highlighting the comparison between the analyses using ITE rates versus fitted curve methodologies. 75. Prior to building pellnit submittal, provide an update to the Felli' and Peers March 10, 2015 Memorandum, as discussed in the DCC meeting on April 23, 2015. Once the revised information has been sublnitted the trip COlmts will be reviewed. 76. Prior to building permit submittal, revise the plans to provide dimensions for the emergency vehicle movement plan. Please show isle widths, and tmning radii in and around the site, in addition to the vehicles and their paths provided. 77. An encroacmnent pennit will be required for work to be conducted within the right of way. 5-18 EXIllBIT5 San Rafael Sanitation District (SRSD) 78. The project proponent shall comply with all applicable regulations of the San Rafael Sanitation District and pay all applicable fees for sewer connection and service. PG&E 79. Prior to the start of excavation or construction, it is required that the contactor call Underground Service Alert (USA) at 1-800-227-2600 to have the location of any existing underground facilities marked in the field. During Grading and/or Constl'uetion Community Development Department. Planning Division 80. Construction Hours: Construction hours shall be limited as specified by Municipal Code Section 8.13.050.A which are 7:00 a.m. to 6:00 p.m., Monday through Friday and Saturday from 9:00 a.m. to 6:00 p.m. Construction shan not be permitted on Sundays or City-observed holidays. Construction activities shall include delivery of materials, arrival of construction workers, stati-up of construction equipment engines, playing of radios and other noises caused by equipment and/or construction workers an'iving at or on the site. Exceptions to the construction hours may be applied for through an Exception application (SRMC 8.13.060) 81. Reclaimed water shall be used during construction if available from the Central Marin Sanitation Agency (CMSA) or the Las Gallinas Treatment Plant. 82. During ground disturbance activities associated with the proposed project, the construction contractor shall cOlnply with CARB's Airbonle Toxic Control Measures (ATCM) addressing NO~ (Section 93105 and 93106 of Title 17 of the Califolnia Code of ,Regulations). These ATCMs regulate construction, grading, quarrying and surface mining operations, as well as surfacing applications. (MM AQ-2) 83. During construction and grading activities, if any prehistoric or historic subsurface cultural resources are discovered, all work within 50 feet of the resources shall be halted and a qualified archaeologist shall be consulted to assess the significance of the find according to CEQA Guidelines Section 15064.5. If any find is determined to be significant, representatives from the City and the archaeologist shall Ineet to determine the appropriate avoidance measures or other appropriate mitigation. All significant culturallnaterials recovered shal1 be, as necessary and at the discretion of the consulting archaeologist, subject to scientific analysis, professional museum curation, and documentation according to cuo-ent professional standards. In considering any suggested mitigation proposed by the consulting archaeologist to mitigate impacts to historical resources or unique archaeological resources, the City shal1 detetmine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, and other considerations. 5-19 EXHIBITS If avoidance is infeasible, other appropriate measures (e.g. data recovery) shall be instituted. Work may proceed on other parts of the project site while mitigation for historical resources. or unique archaeological resources is being carried out. (MM CULT- 1) 84. During construction and grading activities, should any potentially unique paleontological resources (fossils) be encountered, work shal1 be halted immediately within 50 feet of the discovety, the City of San Rafael Planning Depattment shall be immediately notified, and a qualified paleontologist shall be retained to determine the significance of the discovery. Based on the significance of the discovery, the qualified paleontologist shall present options to the City for protecting the resources. Appropriate action Inay include avoidance, preselvation in place, excavation, documentation, and/or data recovery, and shall always include preparation of a written repOit docUlnenting the find and describing steps taken to evaluate and protect significant resources. The City of San Rafael shall implelnent feasible and appropriate recommendations/mitigation measures of the qualified paleontologist for any unanticipated discoveries. (MM CULT 2) 85. If human skeletal relnains are uncovered during construction, the constrnction contractor shall immediately halt work within SO feet of the find, contact the Marin County Coroner to evaluate the remains, and follow the procedures and protocols set forth in Section lS064.S(e)(1) of the CEQA Guidelines. If the County Coroner determines that the relnains are Native American, the project applicant shall contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.S, subdivision (c), and Public Resources Code S097.98 (as amended by AB 2641). Per Public Resources Code S097.98, the construetion contractor shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological statldards or practices, where the human remains are located, is not damaged or disturbed by flUther development activity until the project applicant has discussed and conferred, as prescribed in this section (CalifOlnia Public Resources Code Section 5097,98), with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of lnu ltip Ie human remains. (MM CULT-3) Prior 10 Occupflncy Community Development Depaltlnent. Planning Division 86. The landscaping and site improvements shall be installed per approved landscaping plan. The landscape architect shaH can for inspection and certifY and submit in writing to the Planning Division that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the il1'igation has been installed and been tested for timing and function, and all plants including street trees are healthy. Any dying or dead landscaping shall be replaced. 87. The project proponent shall submit a photometric plan of the installed exterior lighting. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30~day lighting level review by the Police Department and Planning Division to ensure consistency with the approved plans and compatibility with the sUlTotmding area. 5-20 EXHIBITS Hazardous Materials Division -Fire Depaliment 88. Applicant will be required to provide documentation of a Celiified Unified Program (CUPA) Pennit issued from the Marin County CUPA. 89. Provide documentation regarding the use, storage and handling of hazardous materials. Post Occupancy COlnmunity Development Department, Planning Division 90. An exterior lighting shall be shielded do,"vn. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30-day lighting level review by the Police Department and Plamling Division to ensure compatibility with the sU1~ounding area. This Master Use Permit shall becOlne effective on the date in which the ordinance of the adopted amendment to the San Rafael Corporate Center Plamled Development District zoning (ZC 14- 002) becomes effective. The foregoing resolution was at the regular City of San Rafael Planning Commission lneeting held on the 25th day of August 2015. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Paul A. Jensen} Secretary Barrett Schaefer, Chairman W:/ .. .ISan Rafael Corporate Center.srcc.PC-reso _UP 10 25 11 5-21 EXHIBIT 6 ~ ~IIIII' DGA planning I architecture I interiors August 12, 2015 Planning Commissioners City of San Rafael Copy: Paul Jensen. Community Development Director Raffi Bolo·yan. Planning Manager james Redenbarger. BioMarin Reference: BioMarin 755 Lindaro Street and -788 Lincoln Avenue Phase 2 Proposed Project Honorable Commissioners. BioMarin is a Marin County based Pharmaceutical Company that focuses on the development of drug therapies for rare diseases. BioMarin has developed and commercialized five products since 1997, a remarkable accomplishment in the biopharmaceutical industry. and a testament to the company's passion and dedication to patients with serious un met medical needs. From its headquarters in San Rafael. BioMarin has operations in over 50 countries worldwide. BioMarin Purchase of San Rafael Corporate Center and Completion of Entitled Projects In early 2014 BioMarin purchased the San Rafael Corporate Center (SRCC) to augment its facilities in Novato and to serve as its Corporate Headquarters. The campus was comprised of four office buildings and a parking structure on eight parcels bounded by 2 nd Street and Andersen Drive, spanning across Lindaro Street and Lincoln Avenue. In order to support its planned growth BioMarin immediately initiated development of the remaining two previously entitled buildings on the campus which are now under construction. These are a research and development building on the southwest corner of 2 nd Street and Lincoln Avenue, and a parking structure on the southeast corner of the same intersection. Because these buildings were entitled in the original Planned Development approvals, they were reviewed and approved at the Design Review level, prior to issuance of building permits. BioMarin Proposal for Additional Development on the SRCC Site In response to continued growth and the need for additional space, BioMarin has been working with DG Architects (DGA) to develop an additional building on the SRCC campus and a second phase of the Lincoln Avenue parking garage to accommodate the associated required parking. These two proposed projects are within the FAR limits of the General Plan but require an amendment to the Planned Development approvals. Site Considerations The 755 Lindaro Street site is adjacent to a PG&E substation and is overlain with a variety of PG&E easements and overhead transmission lines that significantly constrict its development potential. The design of the office building has been carefully woven into the site geometry to take the best advantage of the site while respecting these easements. BioMarin and the design team have worked closely with PG&E throughout the design process to ensure their concurrence with the proposed design. The proposed development of the site will help to screen the overhead power lines and PG&E substation, and will complete the development of the SRCC Campus. 20 I Filbert Street, 3rd Floor. San Francisco, California 94133 415~477-2700 DGAonline.com ,MOUNTAIN VIEW I SAN fRANCISCO I SAN DIEGO EXHIBIT 6 BioMarin 755 lindaro and 788 lincoln Phase 2 August 12. 20 15 Conceptual Design Review In September 20 14 DGA presented th'e Preliminary Design for the abovementioned project to the Design Review Board at a Conceptual Design Review hearing for initial feedback. At that time the proposed project included a new approximately 80,000 square foot research and development building on Parcel I of the SRCC and an addition to the entitled parking structure at 788 lincoln Avenue on Parcel 8 of the SRCC. Neighborhood Outreach Following the Conceptual Design Review hearing a series of meetings were also scheduled with interested neighborhood and local interest groups including the Gersde Park Neighborhood Association, Sustainable San Rafael, and TransDef, to gain their input and hear concerns that might be addressed during the design of the project. Formal Design Review DGA incorporated comments from the Conceptual Design Review hearing and neighborhood outreach and studied several project alternatives as requested by the DRB. At the same time, an analysis of BioMarin's space needs resulted in a change in the project direction from a proposed research and development building to a proposed office bUilding. In April 20 15 DGA submitted a revised application proposing an approximately 73,000 square foot office building and a Phase 2 expansion to the lincoln Avenue parking garage. This application was presented to the Design Review Board 'at a public hearing in May 20 15. The Design Review Board was in support of the siting and massing of both the office building and the parking garage but proposed numerous improvements to the exterior articulation of both projects. DGA revised the design to incorporate the Design Review Board's comments and the project was presented again to the Design Review Board at a public hearing in june 20 15. The DRB was in unanimous support of the project at that hearing and approved the project with several minor recommended refinements to the design. Environmental Review Concurrent with the Design Review process, the City of San Rafael undertook environmental review of the project with the assistance of the environmental consulting firm Kimley Horn & Associates. Pursuant to the California Environmental Quality Act and the City's Environmental Review Guidelines. the environmental review addressed a variety of potential impacts including noise, visual. traffic, and hazardous materials, among others. A Draft Mitigated Negative Declaration was prepared and circulated for public review in June 2015. Parking and Traffic During the public Design Review hearings and in meetings with neighborhood groups, comments have been received regarding the traffic and parking aspects of the project, ranging from requests for BioMarin to provide more offRstreet parking to requests for less parking, with no clear consensus, BioMarin's application includes parking that meets the 3.3 spaces/l 000 square feet requirement of the Planned Development approval for the SRCC campus. The existing entitlements for the site include an allowance for medical office use which carries a higher trip generation factor than the proposed office building. As part of this application, BioMarin proposes to relinquish the entitlement to the medical office use. The addition of the proposed office space and the elimination of the medical office use results in a net reduction in the overall trip generation from the current entitlements. ~ ~IIIII DGA the union of design & technology page 2 EXHIBIT 6 BioMarin 755 Lindaro and 7BB lincoln Phase 2 August 12, 2015 BioMarin currently employs numerous methods to further reduce ,peak hour trip generation. A copy of BioMarin's Transportation Demand Management Plan for the SRCC campus has been provided for review. Public Amenities , As part of the original entitlements. SRCC is required to provide several public amenities. The surface parking at the corner .of lindaro Street and Andersen Drive is required to be offered for public use after business hours. BioMarin proposes that public-accessible parking spaces displaced by the development of the office building will be provided in the adjacent surface parking lots on the campus to retain the same quantity of free after-hours parking. A public path is also required to be maintained along the south side of the campus providing a connection to an existing path that runs along the east side of Mahon Creek. This path remains unchanged with the current proposal. Public-use meeting rooms are also required and will continue to be provided according to the PD requirements. Sustainability The proposed projects will be designed to meet the requirement s of CalGreen for new construction. In addition to this, the proposed parking struct:ure will be partially powered by the rooftop photovoltaic panel system currently being installed on the roof of the Phase I parking structure. BioMarin will study the energy used and will consider adding further PV panels to the Phase 2 parking structure if the energy usage warrants it. The proposed office building will include roof space reserved for future photo voltaic panels. The design team 'initially proposed a plant palette for the project consistent with the existing plantings on the campus. We propose to study and refine this plant palette in the development of the design to reduce irrigation water use. Summary BioMarin and the design team have worked carefully with the input of City staff. neighborhood representatives. local interest groups and the Design Review Board over the past year to develop a carefully considered and well-designed project that will complete the San Rafael Corporate Center Campus while enhancing the fabric of San Rafael's downtown. We look forward to presenting this project to y~u and welcome your comments. Davi McAdams,AIA LEED AP Principal DGA Planning Architecture Interiors ~ ~IIIII DGA the union of design & technology page 3 EXHIBIT 7 Alternative Transportation Incentives (TDM) BioMarin strongly supports employees' use of alternative modes of transportation such as carpool, vanpool, public transportation, and cycling or walking to work by providing flexible work hours and easy-to-access tools on the BioMarin website. Following are some of the programs currently offered: ~ Flexible Hours: Employees have flexibility to start and end their work day to avoid peak commute times. i.{!,. Flexible Workplace: Working from home or alternative campuses that may be closer to home is offered. All BioMarin campuses provide touch down spaces. and proper technology infrastructure to support this flexibility. Carpool w Vanpool: BioMarin has established a partnership with the 511 Rideshare organization to establish a sophisticated IIr ide-match ll database exclusively for BioMarin employees. Taking advantage of 511's database platform, a BioMarin dedicated site has been established, by which employees can find other carpoolers in the area and set up on-going or as-needed carpools or vanpools. Preferred Parking: Carpools, vanpools and hybrid/alternative vehicles get preferential parking on-site. Electric car charging stations are offered on-site as well. The new Lincoln Avenue parking structure will provide additional preferred parking and charging stations. Mass Transit: BioMarin offers a Bay Area Trip Pl,anner Program that facilitates planning and makes available mass transit options and schedules best fitted to employee needs. Schedules, Fares and Route Maps for bus, train, ferry and shuttle options are readily available for trip customization and planning purposes. BioMarin's San Rafael Campus greatly expands mass transit use opportunities for employees due to its adjacency to the San Rafael Transit Center. BioMarin also sponsors a Flexible Spending Account designed to encourage employees to set aside pre-tax money from thei r paychecks to pay for qualified transportation expenses such as bus, train and ferry tickets. Emergency Ride: BioMarin is a participating member in the Marin Emergency Ride Home {ERH} Program. This program provides employees who use alternative transportation, such as carpool, vanpool, public transit and cycling or walking, reimbursement for rides home in cases of emergency or delayed departure caused by work. ERH eases the worry EXHIBIT 7 of being stranded at the office if an unexpected situation arises, so commuters can leave their cars at home. Bicy~ling and walking: Over 10% of the employees who work at the San Rafael Campus, live in San Rafael and can bike or walk to work. BioMarin offers bike racks, showers, and lockers for employees who bicycle or walk to work. Currently there are over 55 bike racks on campus. An additional 55 bike racks will be provided in the new Lincoln Avenue Parking Garage. Local Business Discounts: BioMarin employees can enjoy the negotiated discounted rates in local restaurants, many of them within walking distance to the campus, thus further reducing trip generation especially at lunch time. EXHIBIT 8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs LU-2. Development Timing. For health, safety and general welfare reasons, new development should only occur when adequate infrastructure is available consistent with the following findings: a. Project-related traffic will not cause the level of service established in the Circulation Element to be exceeded; b. Any circulation improvements needed to maintain the level of service standard established in the Circulation Element have been programmed and funding has been committed; c. Environmental review of needed circulation improvement projects has been completed; d. The time frame for completion of the needed circulation improvements will not cause the level of service in the Circulation Element to be exceeded, or the findings set forth in .Policy C-5 have been made; and e. Sewer, water, and other infrastructure improvements will be available to serve new development by the time the development is constructed LU-9. Intensity of Nonresidential Development. Commercial and industrial areas have been assigned floor area ratios (FAR's) to identify appropriate intensities (see Exhibits 4, 5 and 6). Maximum allowable FAR's are not guaranteed, particularly in environmentally sensitive areas. Intensity of commercial and industrial development on any site shall resDond to the followinQ factors: site resources /' Consistent The proposed project would generate 1,156 less daily trips but 33 more AM peak hour trips and 62 less PM peak hour trips than what is currently permitted onsite and what was evaluated for the Medical Office Building use evaluated in the 2011 Mitigated Negative Declaration. As part of the analysis for the 2011 Mitigated Negative Declaration to evaluate the additional of Medical Office Use, the Transportation Authority of Marin (TAM) reported that as a result of implementing the US 101 Gap Closure project, conditions along the US 101 segments through Central San Rafael have improved from the unacceptable LOS conditions (reported in the previously certified Fair, Isaac Office Park Project Final EIR) to acceptable LOS levels (through year 2030 with projected growth). The initial Fair, Isaac Office Park approval required the City to make findings of overriding consideration because of the project's contributions to unacceptable traffic conditions along these US 101 segments. This finding is no longer required because of the current and projected LOS segment conditions. This condition, coupled with the reduction in overall trips as compared to medical office use, results in less than significant impacts for the proposed project. Therefore, the project would not impact the nearby intersections and arterials. Given the project would generate fewer trips than historical levels, circulation improvements are not needed to maintain this LOS. . Consistent According to Exhibit 9 of the General Plan, the maximum FAR for this site in the Downtown San Rafael is 0.75. Including the proposed project, the total commercial floor area on the site would be 473,096 square feet, which is of 0.7 FAR and within the maximum allowable .75 FAR. BioMarin: 755 Lindaro Street 1788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Streetl788 Lincoln Avenue File#: ZC14-002. UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-1 EXHIBITS REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs and constraints, traffic and access, potentially hazardous conditions, adequacy of infrastructure, and City design policies. LU-10. Planned Development Zoning. Require Planned Development zoning for development on a lot larger than five acres in size, except for the construction of a single-family residence. LU-12. Building Heights. Citywide height limits in San Rafael are described in Exhibits 7 and 8. For Downtown height limits see Exhibit 9: LU-13. Height Bonuses. A height bonus may be granted with a use permit for a development that provides one or more of the amenities listed in Exhibit 10, provided the building's design is consistent with Community Design policies and deSign guidelines. No more than one height bonus may be granted for a project. (S~e page 28 San Rafael 2020/~J1d Use) LU-14. Land Use Compatibility. Design new development in mixed residential and commercial areas to minimize potential nuisance effects and to enhance their surroundings. Consistent, with the requested Zoning Amendment The property is presently zoned Planned Development (PD-1901 San Rafael Corporate Center). In order to approve this project, the proposal includes a request for a change to the existing PD zoning. With the requested amendment to the PD District, the project would be consistent with Policy LU-10. Consistent According to Exhibit 9 (Building Heights Limits in Downtown San Rafael) of the General Plan, the maximum height limit for this property is 54 feet. The General Plan defines height of a building for non-hillside homes as determined by the methods in the latest edition of the Uniform Building Code. This definition measures height of a building as the vertical distance above a reference datum measured to the highest pOint of a flat roof. Using this definition, the proposed structure would total 54 feet in height as measured by the Uniform Building Code, and would therefore be consistent with the height limits for this site. Furthermore, even though the mechanical equipment and plumbing and mechanical flues are not included in height calculations based on the City's Zoning Ordinance, these would still be within the maximum allowable height limit. Consistent Although other buildings in the SRCC have received a height bonus, the proposed project does not require a height bonus or subsequent amenities. This proposed project is consistent with the height maximums for this area. Consistent with Conditions The project site is located in a mixed-use area of the Downtown, including a large multi-family residential complex to the west of the site, a parking garage and power station to the north of the site and recreation/park spaces to the south of the site. The proposed office building is consistent the existing SRCC campus and other buildings found in the vicinity. The deSign of the structure is within the size and massing of commercial buildings found throughout the Downtown. Project impacts such as nois~l traffic, lightin~c:1nd hours o~eration have been evaluated as BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14-002, UP 14-052. ED14-097 Title: Gene:ra1 Plan 2020 Consistency Table Exhibit: 8-2 EXHIBITS REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 LincoJn/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs LU-23. Land Use Map and Categories. Land use categories are generalized groupings of land uses, and titles that define a predominant land use type (See Exhibit 11). All proposed projects must meet density and FAR standards (See Exhibits 4, 5 and 6) for that type of use, and other applicable development standards. Some listed uses are conditional uses in the zoning ordinance and may be allowed only in limited areas or under limited circumstances. Maintain a Land Use Map that illustrates the distribution and location of land uses as envisioned by General Plan policies. (See Exhibit 11 ). H-9. Funding for Affordable Housing. Seek proactive and creative ways to lower housing costs for lower income households and people living with special needs. Continue to use local, state and federal assistance to achieve housing goals and to increase ongoing local resources to provide for affordable housina. Program H~9c. In-Lieu Fees for Affordable Housing. Dedicate in-lieu fees for affordable housing, including rehabilitation, acquisition and design support for second units and infill housing. part of the review of the Use Permit and it has been determined that there are no significant effect on the environment. Consistent This site designated with the llUndaro Office District" land use category. General office is an allowable land use. The proposed office use and parking garage project would be consistent with the existing SRCC campus and is allowed by this land use designation. Consistent As required by the City of San Rafael development fees; the project is required to pay an in lieu fess into the City's affordable housing fund. Consistent As stated under response to Policy H-9, the project would pay an in lieu of $524,164.20 (for 2.1 affordable housing units at $249,602 per unit) into the City's affordable housing fund. BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Streetl788 Lincoln Avenue File #: ZC14-002, UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: EXlDBIT8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs NH·7. Neighborhood Identity and Landmarks. Enhance neighborhood identity and sense of community by retaining and creating gateways, landmarks, and landscape improvements that help to define neighborhood entries and focal points. NH-8. Parking. Maintain well-landscaped parking lots and front setbacks in commercial and institutional properties that are located in or adjacent to residential neighborhoods. Promote ways to encourage parking opportunities that are consistent with the design guidelines. NH-14. Gathering Places and Events. To spark social interaction and create a greater sense of community) encourage both daytime and nighttilJl~ gathering places and events in appropriate locations, such as cafes, restaurants, outdoor eating places) bookstores, shopping facilities, libraries, schools, churches, parks, recreation facilities, community gardens, farmers' markets, transit stops, parks, recreation facilities, commercial facilities, cultural facilities, teen facilities, and City-sanctioned street closures for festivals, parades, and block parties. NH-25. Pedestrian Comfort and Safety. Make Downtown's street systems more comfortable and safe for pedestrians by: • Balancing between the needs of pedestrians and the desire for efficient traffic flow, • Slowing traffic where necessary, • Providing two-way traffic where feasible, • Making pedestrian crossings direct and safe, • Establishing pedestrian environments uniaue to each District, • Improving and/or expanding sidewalks, street trees, landscaping and other sidewalk amenities, • I ncreasing visibility to storefronts and businesses, Consistent The proposed project includes building design that presents an entry and focal point for the southwest corner of the SRCC. Landscape plans are consistent with established 'landscaping for the SRCC. Consistent The proposed project includes landscape plans for surface and structured parking areas and maintains eXisting and required setbacks for adjacent properties. Consistent As a condition of approval for the original Use Permit, a 2,500 square foot conference room in 790 Lindaro Street is open for public use subject to specific rules and regulations. This condition continues to be in effect. Consistent The proposed project includes vehicular and pedestrian improvements deSigned to address safety for crossing Lindaro'Street and Lincoln Avenue between the proposed structures and the existing SRCC campus. The Department for Public Works has reviewed the project design for consistency with applicable codes. BioMarin: 755 Lindaro Street 1788 Lincoln Avenue 755 Lindaro Streetl788 Lincoln Avenue Garage Expansion EXIllBIT8 .REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs • Seeking innovative solutions and ideas. NH-29. Downtown Design. New and remodeled buildings must contribute to Downtown's hometown feel. Design elements that enhance Downtown's identity and complement the existing attractive environment are encouraged, and may be required for locations with high visibility or for compatibility with historic structures. Design considerations include: • Varied and distinctive building designs, • Sensitive treatment of historic resources, • Generous landscaping to accent buildings, • Appropriate materials and construction, and • Site design and streetscape continuity. NH-3S. Lindaro Office District. a. Strategically significant gateway. Continue the transformation of the Lindaro Office District into one of the most handsome urban places in Marin County by developing landmark, well-designed buildings. This District will be a special asset to the city and en hance Downtown!s image as a high quality business center. The primary purpose of this district is to attract new people that would shop and use the rest of Downtown, .particularly the Fourth Street Retail Core. b. Mix of uses. Encourage an office complex that may include limited and incidental office-serving retail uses, a major hotel, cultural or entertainment facility, or residential, if feasible. Large community-serving ("big box") retail and shopping centers are not allowed in this District. Any project must achieve the objectives described in (a) above. San Rafael Corporate Center. Encourage the Consistent The Design Review Board has reviewed the proposed project and found that the design presents a consistent design with the SRCC that is appropriate for the urban downtown environment The Board found that the mass and scale were appropriate for the site and its surroundings. Consistent The Design Review Board has reviewed the proposed project and found that the design presents a consistent design with the SRCC that is appropriate for the urban downtown environment. The B08:rd found that the mass and scale were appropriate for the site and its surroundings. The proposed project will conclUde the final build out of the SRCC campus. BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Streetl788 Lincoln Avenue File #: ZC14-002. UP14-052. ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-5 EXIDBIT8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs completion of the development of the San Rafael Corporate Center as a distinctive, high quality office center, which can include a coordinated mix of uses as stated above complementing, not competing with other Downtown Districts, especially the Fourth Street Retail Core. This project's superior design quality will be the major identifying characteristic of the District and must be a graceful addition to the views of Downtown from Highway 101. NH-39. Lindaro Office District Design Considerations. a. Building design and sense of place. Evoke a strong sense of place through site and building design that includes: • Buildings oriented to take advantage of the Creek frontage and views of Mt. Tamalpais, • Variety in architectural styles, • Varied setbacks on Second Street, • Arcades and courtyards, • Buildings that are inviting and attractive on all sides facing the street or pedestrian areas, • Reduced visual impact of parking areas through site design and landscaping, • Screened PG&E transformer area, and • Screened areas for service vehicles. b. Regional and neighborhood emphasis. Although the District should be architecturally distinctive and urban in character, appealing to the broader region, blend development carefully with neighborhoods to the south and adjacent office development in the SecondfThird Corridor and Hetherton Gateway Districts. c. Active ground floor. Enhance the pedestrians' Consistent The Design Review Board ~as reviewed the proposed project and found that the design presents a consistent design with the SRCC that is appropriate for the urban downtown environ ment. The ORB found that the mass and scale were appropriate for the site and its surroundings, has appropriate setbacks and will reduce visual impact of parking areas. The project also includes pedestrian pathways and sidewalks connecting the project to Second Street and Andersen Drive. The proposed project will comply with top of back setbacks for Mahon Creek. BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14-002, UP14-052, ED14-097 Title: General Plan 2020 Consistencv Table Exhibit: 8-6 EXIllBIT8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs environment through active street frontages and buildings with a human scale at the ground level. d; Lindaro connections. Tie the different properties and developments in the area together through a wide variety of elem.ents including: • Compatible uses and tenant mix, • A network of public spaces linked by pedestrian pathways, and • Enhanced appearances of Lincoln Avenue, Lindaro Street and Andersen Drive through continuity of streetscape features such as lighting, street trees and sidewalks. e. Links to other districts. Connect Lindaro to the rest of Downtown through site design and streetscape continuity with adjoining districts. f. Mahon Creek improvements. Contin ue to improve access to Mahon Creek through useable recreation areas, landscaping, bike paths and walkways. g. Height. Provide a variety of heights in individual buildings: wo to four stories, with a height bonus up to six stories. NH-39a. Mahon Creek. Complete the implementation of the adopted Mahon Creek Final Conceptual Plan. Consistent NH-63. Community Meeting Rooms. Meet the need for affordable meeting/activity space, during prime times for the community for resident seNing programs and activities such as English as a Second Language classes and other programs and activities, with priority given to neighborhood residents. NH-63a. Community Use of Pickleweed Park. Continue to encourage neighborhood sue of Pickleweed Community Center. The proposed project will comply with the original Development Agreement that mandated public use of on-site conference rooms for evening and weekend usage. NH-109. Andersen Drive Access. Continue to I Consistent minimize vehicular access points to Andersen Drive BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14-002, &14-052, ED14-097 Title: General Plan 2020 Consistency Tab1e Exhibit: 8-7 EXIllBIT8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with-San Rafael General Plan 2020 Policies and Programs to maintain maximum traffic flow. NH-114. Mahon Creek. Preserve and enhance Mahon Creek. CD-5. Views. Respect and enhance to the greatest extent possible, views of the Bay and its islands, Bay wetlands, st. Raphael's church bell tower, Canalfrontl marinas, Mt. Tamalpais, Marin Civic Center and hills and ridgelines from public streets, parks and publicly accessible pathways. CD-10 (Non-Residential Design Guidelines). Recognize, preserve and enhance the design elements that contribute to the economic vitality of commercial areas. Develop design guidelines to ensLire that new nonresidential and mixed-use development fits within and improves the immediate neighborhood and the community as a whole. CD-iS. Participation in Project Review. Provide for public involvement in the review of new development, renovations, and public projects with the following: a) design guidelines and other information relevant to the project as described in the Community Design Element that would be used. by residents, designers, project developers, City staff, and City decision makers; b) distribution of the procedures of the development process that include the following: submittal information, timelines for public review, and public notice requirements; c) standardized thresholds that state when desian review of nrnio,..te The proposed 755 Lindaro Street building will not require additional vehicular access points alono Andersen drive. Consistent The proposed project will comply with existing top of bank setbacks from Mahon Creek. No improvements are planned with the creek environs. Consistent This proposed project would not have a significant impact on views of the hills and ridgelines or Mt. Tamalpais from public vantage points around the site. The proposed project is within the height limit established for the site and within the context of the surrounding development. Furthermore, the Design Review Board reviewed the proposed project for consistent with this Community Design policies of the General Plan. Consistent with conditions As part of the General Plan 2020, the City adopted residential design guidelines for non- residential projects. The Design Review Board reviewed the proposed project for consistency with both the City's non-residential and residential guidelines and recommended approval of the project with minor recommendations for fa9ade treatments. This requirement has been in.corporated in conditions of approval. Consistent When the application for this project was received, copies of plans were referred to all surrounding neighborhood groups. Notices of public hearings were mailed to all property owners, neighborhood groups and interested parties within 300 of the project site informing them of the proposed project and all public meetings prior to both public meetings (prior to this Planning Commission meeting) conducted for this project. In addition, the site was posted with notice of public meetings on this proposed project. BioMarin: 755 Lindaro Street 1788 Lincoln Avenue Parking Garage Expansion. 755 Lindaro Streetl788 Lincoln Avenue File #: ZC14-002, UP 14-052. ED14-097 Title: General Plan 2020 Consistency Table Exhibit: EXHmIT8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with .san Rafael General Plan 2020 Policies and Programs is required (e.g. residential conversions, second-story additions); and d) effective public participation in the review process. CD-16. Property Maintenance. Provide incentives and enforcement to achieve desirable property maintenance. CD~18. Landscaping. Recognize the unique contribution provided by landscaping, and make it a significant component of all site design. CD-19. Lighting. Allow adequate site lighting for safety purposes while controlling excessive light spillover and glare. CD-21. Parking Lot Landscaping. Provide parking lot landscaping to control heat build-up from pavement, reduce air pollution, provide shade cover for vehicles and soften the appearance of the parking lot. Emphasize the use of trees, and limit the height of shrub plantings so as to avoid creating security problems. CD-21 a. Parking Lot Landscaping Requirements. Update parking lot landscape reqUirements to increase the screening of parking lots from the street and nearby properties. Requirements would address appropriate size and location of landscaping, necessary screening consistent with security considerations, tree protection measure~, and appropriate percent of shade Consistent with conditions As part of this Environmental and Design Review Permit, conditions of approval have been included requiring a landscape and property maintenance agreements. Consistent with conditions A landscape plan was presented as part of this project for new landscaping. The landscape plan was reviewed by the Design Review Board and found to be acceptable. Consistent with conditions A lighting plan was not included in the landscape plan, however, the proposed project is designed to be consistent with the existing SRCC campus plan. Furthermore, a final lighting plan will be required prior to issuance of a bLiilding permit and once the lighting is installed, there will be a 3~-day lighting review to confirm the light levels and require adjustments if necessary. Consistent with conditions A landscape plan was presented as part of this project for new landscaping which included shade trees for surface parking areas. The landscape plan was reviewed by the Design Review Board and found to be accepta~le. BioMarin: 755 Lindaro Street/788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14-002, UP14-052. ED14-097 Title: General Plan 2020 Consistency Table Exhibit: &-9 EXHIBIT 8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs coverage required of parking lot trees. Include maintenance requirements in all approvals. CD-21 b. Parking Lot Landscape Enforcement. Require that newly installed parking lot landscaping be maintained and replaced as needed. Assure that landscaping is thriving prior to expiration of the ired 2-vear maintenance bond. Policy EV-2. Seek, Retain, and Promote Businesses that Enhance San Rafael. Recruit and retain businesses that contribute to our economic vitality, thus helping to provide needed local goods, services and employment, .and enhance the City's physical environment. Policy EV-4. Local Economic and Community Impacts. In addition to review of environmental, traffic and community design impacts, take the following into account when major projects, policies and land use decisions are under review: • Fiscal impacts on the City's ability to provide and maintain infrastructure and services. • Impacts on the community such as the provision of jobs which match the local workforce, commute reduction proposals, and affordable housing. • Additional or unique economic, fiscal and job- related impacts. • Fiscal and community impacts of not approving a project, plan or policy. Consistent The proposed project would help retain an existing business in the City thus contributing to the City's economic vitality. The project would result in the development of a Jarge, vacant surface parking lot, which would enhance the physical environment of the Anderson I Lindaro intersection and surrounding area. Consistent Required infrastructure and services are already available for the property. The project site is located off Second Street The proposed project would add to the local job pool that in turn, would result io commute reduction for local employees who would be employed by BioMarin. The business would contribute its share (approximately $549,933.84) towards affordable housing as required under the Zoning Ordinance. BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue -File#: ZC14-002, UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-10 EXHIBIT 8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project ,Consistency with San Rafael General Plan 2020 Policies and Programs Promote the establishment of workplace alternatives, including home-based businesses, telecommuting and satellite work centers. EV-11a. Home Occupations. Work with neighborhood organizations and business owners to reexamine and update home occupa,tron zoning regulations to reflect changing trends. Continue to enforce compliance of unlicensed home businesses. EV-11 b. Telecommute Policy. Consider establishing a telecommute policy for City employees. EV-11c. Workplace Alternatives. Encourage employers to offer workplace alternatives and promote the formation of satelfite business centers. Program EV-13a. Zoning Regulations. Review zoning and development regulations for each business area and make sure that they are consistent, with the objective of strengthening the unique economic role of each area. c-s. Traffic Level of Service Standards. A. Intersection LOS. In order to ensure an effective roadway network, maintain adequate traffic levels of service (LOS) consistent with standards for signalized intersections in the A.M. and P.M. peak hours as shown below, except as provided for under (B) Arterial LOS. The project applicant has included a Transportation Demand Management Plan as part of the project and includes concepts like telecommuting and working at alternative locations. Consistent , The SRCC PO zoning PO-1901 is requested to be amended to accommodate the BioMarin project which will contribute to the important economic role in the City. Consistent The traffic analysis for this new project identifies that the project would generate 209 more peak trips (108 in the A.M. peak period and 101 trips in the PM peak period) by adding the office uses. Although there are more peak hours than previously approved, the overall trip generation would be less than the IS/MND determined for the 2011 PO amendment which included medical office use. This approved use was never implemented; therefore, the change in use from medical office to general office would not create a significant effect for LOS service in the area. BioMarin: 755 Lindaro Street 1788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Streetl788 Lincoln Avenue File#: ZC14-002. UP14-052. ED 14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-11 EXHIBIT 8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs Policy C-7. Circulation Improvements Funding. Take a strong advocacy role in securing funding for planned circulation improvements. Continue to seek comprehensive funding that includes Federal, State, County and Redevelopment funding, Local Traffic Mitigation Fees and Assessment Districts. The local development projects' share of responsibility to fund improvements is based on: (1) the generation of additional traffic that creates the need for the improvement; (2) the improvement's role in the overall traffic network; (3) the probability of securing funding from alternative sources; and (4) the timing of the improvement. C .. S. Eliminating and Shifting Peak Hour Trips. Support efforts to limit traffic congestion through eliminating low occupancy auto trips or shifting peak hour trips to off-peak hours. Possible means include telecommuting, walking and bicycling, flexible work schedules, car and vanpooling and other Transportation Demand Management approaches. C-12. Transportation Demand Management. Work cooperatively with governmental agencies, non- profits, businesses, institutions and residential neighborhoods to create new and effective Transportation Demand Management (TOM) programs to minimize single occupancy automobile use and peak period traffiC demand. C-12a. Regional Support for TDM. Support regional efforts to work with employers to provide TOM programs. C-12b. City Support forTDM. Serve as a resource to employers wishing to implement TOM by providing information through printed materials, workshops and other means. Consistent with mitigation measures/conditions The City of San Rafael has adopted Traffic Mitigation fees for new projects. The Traffic Mitigation fees are used to make necessary improvements to the traffic network. As proposed, the project would be required to pay $887,414.00 in traffic mitigation fees, which would support circulation improvements funding under Policy C-7. Conslstent The project applicant has included a Transportation Demand Management Plan as part of the application submittal and includes concepts like shifting work hours, telecommuting and working at alternative locations. Consistent The project applicant has included a Transportation Demand Management Plan as part of the application submittal and includes concepts like shifting work hours, telecommuting and working at alternative locations. BioMarin: 755 Lindaro Street 1788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14-002. UPI4-052, ED 14-097 Title: General Plan 2020 Consistency Table Exhibit: 8~ 12 . EXIDBIT8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Prog~ams Encourage smaller employers to upoor resources to create effective TOM programs. C-12c. City TDM Program. Identify cost-effective City of San Rafael TDM programs for City employees. Consider approaches taken by the County in .its Employee Commute Alternative Proaram. 1-10. Sewer Facilities. Existing and future development needs should be coordinated with responsible districts and agencies to assure that facility expansion and/or improvement meets Federal and State standards and occurs in a timely. ,fashion. ..1 8-1. Location of Future Development. Permit development only in those areas where potential danger to the health, safety and welfare of the residents of the community can be adequately m'" S-3. Use of Hazard Maps in Development Review. Review Slope Stability, Seismic Hazard, and Flood Hazard Maps at the time a development is proposed. Undertake appropriate studies to assure identification and implementation of mitigation measures for identified hazards. Consistent The site is already served by the San Rafael Sanitation District and they have reviewed the project and determined that there is adequate capacity to serve the addition of this facility. Consistent The proposed project would add general office space to the existing SRCC campus which is owned by BioMarin. Consistent Geoseismic dangers have been evaluated through the original review and approvals process for the SRCC campus and have conSistently found that the project would not pose potential darlger to the health, safety and welfare of the community. Consistent The Geology and Stability Map and Flood Hazard Area Maps of the General Plan, Exhibits 27 and 29, were reviewed and it was determined that based on these maps, portions of the site are located in the 1 DO-year flood hazard area and located in an areas that hosts Franciscan Melannge. These conditions equate to a geoseismic hazard zone rating of 3. Given this rating, the Geotechnical Review Matrix reauires Geotechnicallnvestiaation Reoort and Geotechnical BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14-002. UP14-0S2, ED14-097 Tit1~: General P1an 2020 Consistency Table Exhibit: 8-13 EXIllBIT8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs S-4. Geotechnical Review. Continue to require geotechnical investigations for development proposals as set forth in the City's Geotechnical Review Matrix (Appendix F). Such studies should determine the actual extent of geotechnical hazards, optimum design for structures, the advisability of special structural requirements, and the feasibility and desirability of a proposed facility in a specified location. S-5. Minimize Potential Effects of Geological Hazards. Development proposed within areas of potential geological hazards shall not be endangered by, nor contribute to, the hazardous conditions on the site or on adjoining properties. Development in areas subject to soils and geologic hazards shall incorporate adequate mitigation measures. The City will only approve new development in areas of identified hazard if such hazard can be appropriately S-6. Seismic Safety of New Buildings. Design and construct all new buildings to resist stresses produced by earthquakes. The minimum level of seismic design shall be in accordance with the most recently adopted building code as required by State law. S-12. Use of Environmental Databases in Development Review. Review the San Rafael Fire Department's database of contaminated sites at the time a develooment is orooosed. Undertake Review and the results are discussed [n S-4 below. Consistent with conditions A Geotechnical Investigation Report was prepared by Miller Pacific Engineering and reviewed by Kimley-Horn as a component of the IS/MND prepared for the project. The report meets the requirements set forth in the Geotechnical Review Matrix and is appropriate for the preliminary design stages of the project. The peer review found that the project is feasible from a geotechnical engineering standpoint. Furthermore, implementation of Mitigation Measures GEO- 1 wlll ensure that the project is constructed to the satisfaction of the City Engineer. This measure has been incorporated as conditions of approval Consistent with conditions The above-mentioned Geotechnical Investigation Reports and peer reviews found that the proposed development was feasible from a geotechnical standpoint and recommended mitigation measures to ensure the potential hazards would not endanger the proposed development. Mitigation measures have been incorporated as conditions of approval. Consistent The project site including a major portion of Marin County is located within Seismic Source Type "A" (capable.of large magnitude earthquakes and high rate of seismic activity). As recommended by the Mitigation Measure GEO-1 in the project IS/MND, a Geotechnical report must be prepared and submitted with building permit plans would guide the design and construction of the new building to resist stresses produced by earthquakes. With the implementation of this measure, the project is consistent with this policy for Seismic Safety of New Bulldings. Mitigation measures have been incorporated as conditions of approval. Consistent A Phase I environmental report was prepared for the SRCC campus as part of the original environmental review and EIR. Mitigation measures contained in the Fair, Isaac Office Park FEIR have mostlv been imolemented and thus the ootential for imoacts related to soils and BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZCJ4-002, UP14-052. ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-14 EXHIBIT 8 REVIEW OF GENERAL 'PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs appropriate studies to assure identification and implementation of mitigation measures for sites on or near identified hazards. 8-13. Potential Hazardous Soils Conditions. Where development is propesed en sites with known previeus contamination, sites filled prier to 1974 or sites that were historically auto service, industrial or ether land uses that may have involved hazardeus materials, evah:Jate such sites for the presence of toxic er hazardeus materials. The requirements fer site-specific investigation are contained in the Geetechnical Review Matrix. 5-14. Hazardous Materials Storage, Use and Disposal. Enforce regulations regarding proper sterage, use and disposal of hazardeus materials to. prevent leakage, potential explosions, fires, er the escape ef harmful gases, and to prevent individually innecueus materials frem combining to ferm hazardous substances, especially at the time ef disposal. 8-17. Flood Protection of New Development. Design new develepment within the bay mud areas to. minimum floor elevation that provides pretectien frem potential impacts of flooding during the "1 aO-year" flood. The final floer elevatien (elevation ef the first fleor at completien of censtruction) shall account for the ultimate settlement of the site due to. conselidatien of the bay mud from existing and new loads, taking into. account soils conditiens and the type ef structure proposed. DeSign fer settlement ever a 50-year peried is typically considered sufficient. groundwater resources has been reduced. The site is included on a list of hazardous material sites cempiled by the state, but as discussed in the preject IS/MND, ongoing remediation activities are in process to remeve hazardeus materials from the preject site and land uses on the site are restricted by deed to. commercial and effice uses. No further studies er action is re~uired. Consistent See Respense to. S-12 abeve. Consistent· No hazardous materials are proposed to. be used, stered or dispesed of at this site as part of the new mixed-use building. This proposed preject would not impact that permit and no further permitting or evaluatien is necessary. Consistent The 755 Lindare Street subject site is net lecated in the 1 DO-year floed zone and would be required to. be constructed in accerdance with Chapter 18 of the City's Municipal Code. The 788 Linceln Avenue Parking garage expansien has a finished fleor elevation ef 8' NAVD '88 which is two feet below the mapped base fleed elevatien. Hewever, as a nen-residential building, construction weuld be required to comply with the building standards outlined in Section 18.50.010.C.2 of the SRMC BioMarin: 755 Liruiaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Streetl788 Lincoln Avenue File #: ZC14-002, UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit 8-15 EXHIBIT 8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788, Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs S~17a. Title 18 Flood Protection Standards. Eva!uate and revise the City's Title 18 flood protection standards for new development based on Federal and regional criteria. S-18 Storm Drainage Improvements. Require new development to improve local storm drainage facilities to accommodate site runoff anticipated from a "1 ~O-year" storm. S-18a. Storm Drainage Improvements. Require that new development proposals which are likely to affect the limited capacity of downstream storm drainage facilities provide a hydrological analysis of the storm drain basin of the proposed development and evaluate the capacity of existing downstream storm drainage facillties and fund improvements to accommodate increased drainage from the project site resulting from a 100-year storm, where practical. S-22. Erosion. Require appropriate control measures in areas susceptible to erosion, in conjunction with proposed development. Erosion control measures and management practices should conform to the most recent editions of the Regional Water Quality Control Board's Erosion and Sediment Control Field Manual and the Association of Bay Area Governments' Manual of Standards for Erosion and Sediment Control or equivalent. S-22a. Erosion Control Programs. Review and approve erosion control programs for projects involving grading one acre or more or 5,000 square feet of built $urface as requ'ired by Standard Urban Stormwater Management Plans (SUSUMP). Evaluate smaller projects on a case-by-case basis. S-22b. Grading During the Wet Season. Discourage grading during the wet season Consistent with conditions An IS/MND has been prepared to evaluate the hydrology and water quality impacts of the proposed project on the environment and determined that through implementation of recommended mitigation measures impacts cquld be reduced to less than significant levels. The proposed project would also implement stormwater control measures such as Low Impact Development (UD) and Best Management Practices (BMP's) to address long-term operational water quality impacts associated with the project. Consistent with conditions An IS/MND has been prepared to evaluate the hydrology and water quality impacts of the proposed project on the environment and determined that through implementation of recommended mitigation measures impacts could be reduced to less than significant levels. This project has been reviewed by the City's Public Works Department which implements the erosion and sediment control standards and regulations. A standard condition of approval would require the applicant to submit a soil management plan (SMP) addressing soil and groundwater management for review and approval by the City of San Rafael Public Works Department prior to the issuance of building permits. BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parla'ng Garage Expansion 755 Lindaro Street/78B Lincoln Avenue File #: ZC14-002. UPI4-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit 8-16 EXIllBIT'8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs N-S. Traffic Noise from New Development. Minimize noise impacts of increased off-site traffic caused by new development. Where the exterior Ldn is 65 dB or greater at a residential building or outdoor use area and a plan, program, or project increases traffic noise levels by more than Ldn 3 dB, reasonable noise mitigation measures shall be included in the plan. proaram or ~~c::--;=-,--" CON-1. Protection of Environmental Resources. Protect or enhance environmental resources, such as ridgelines, wetlands, diked bayJands, creeks and drainageways, shorelines and habitat for threatened and endanaered speCies. CON-So Creek and Drainageway Setbacks. Require development-free setbacks, except for specific access points as approved per policy CON-7 (Public Access to Creeks). from existing creeks and drainageways that will maintain the functions and resulting values of these habitats. Appropriate erosion control and roadway crossings may encroach into the development setback. In the absence of vegetation, promote new growth of natural habitat. a. Creek Setback. Maintain a minimum foot development-free setback from the top of creek banks for all new development (including, but not limited to, paving and structures), except for Miller Creek and its tributaries, where a minimum 50-foot setback shall be maintained. Setbacks up to 100 feet may be required on lots or develooment proiects two or more acres in size Consistent The project as desjgn~d would generate fewer trips than previously approved but never developed medical office use; therefore no additional traffic noise would be generated. Consistent The proposed project would be developed on a previously graded and developed site on which there are no known environmental resources. Consistent The project would continue to maintain the 25 foot top of bank setback from Mahon Creek. No improvements are proposed in this area. BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14~002. UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-19 ExmBIT8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs where development review determines a wider setback is needed to maintain functions and resulting habitat values and in areas where high quaUty riparian habitat exists. The City may waive this requirement for minor encroachments if it can be demonstrated that the proposed setback adequately protects the functions of the creek to the maximum extent feasible and resulting values to the satisfaction of the City after review by the appropriate regulatory agencies. b. Drainageway Setbacks. Drainageway setbacks shall be established through individual development review, taking into account existing habitat functions and resulting values. CON-6a. Municipal Code Compliance. Ensure that the San Rafael Municipal Code complies with local. state, and federal regulatory agencies requirements for erosion control. CON-7. Public Access to Creeks. Provide pedestrian access to points along creeks throughout the City where such access will not adversely affect habitat values. CON-7a. Creek Access·Points. Proactively identify and create desirable access points to creeks on public lands. CON-7b. Public Access. Through the development review process, identify and secure areas appropriate for access pOints to creeks. CON-7c. Website Publicity. Use the City's website to publicize information about protecting and accessing San Rafael's creeks and waterways. CON-7d. Creek Signage. Develop a program to provide attractive signage identifying creeks. CON-16. Landscape with Native Plant Species. Consistent The proposed project includes pedestrian pathways and sidewalks that provide connections to existing Mahon Creek public pedestrians paths. Consistent BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenu.e File #: ZC14-002. UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-20 EXHIBIT 8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs and require that development projects implement adequate erosion and/or sediment control and runoff discharoe measures. 5-25. Regional Water Quality Control Board (RWQCB) Requirements. Continue to work through the Marin County Stormwater Pollution Prevention Program to implement appropriate Watershed Management plans as dictated in the RWQCB general National Pollutant Discharge Elimination System permit for Marin County and the local stormwater plan. 5-26. Fire and Police Services. Maintain adequate cost-effective fire protection, paramedic and police services. Minimize increases in service needs from new development through continued fire prevention and community policing programs. N-1. Noise Impacts on New Development. Protect people in new development from excessive noise by applying noise standards in land use decisions. Apply the Land Use Compatibility Standards (see Exhibit 31) to the siting of new uses in existing noise environments. These standards identify the acceptability of a project based on noise exposure. If a project exceeds the standards in Exhibit 31, an acoustical analysis shall be required to identify noise impacts and potential noise mitigations. Mitigation should include the research and use of state-of-the- art abatino materials and tech Consistent with cQndition This project has been reviewed by the City's Public Works Department which implements the Stormwater Pollution Prevention standards and regulations. As designed, the proposed project includes adequate measures to reduce stormwater run-off consistent with the standards established by the RWQCB. The project would direct all run-off to the landscape areas and on- site filtration devices, before being discharged into the City's stormdrain system. A standard condition of approval would require the applicant to submit a Storm Water Pollution Prevention Plan (SWPPP) for review and approval by the City of San Rafael Public Works Department prior to the issuance of building permits. Consistent with conditions The City of San Rafael Police and Fire Departments have both reviewed the proposed project and certain conditions of approval to ensure that the new development would comply with their regulations and standards. The Fire Department has found that the project would comply with all Fire Codes and their recommended conditions of approval have been incorporated. The Crime Prevention officer of the Police Department has also reviewed the proposed project and found that the use and structure would be consistent with their crime prevention standards. Consistent with condition Exhibit 31 of the General Plan 2020 illustrates the land use compatibility standards for locating new development in existing environments. The land use category for the proposed use would be office. New uses in this category are cond1tionally permitted in environments that exhibit between 65 a d 85 Ldn (dB). An evaluation of the existing noise environment around the site found that the project would be consistent with adopted Noise Ordinance and Policies. BioMarin: 755 Lindaro Street 1788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Streetl788 Lincoln Avenue File#: ZC14-002, UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-17 EXHIBITS REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES' 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs N-3. Planning and Design of New Development. Encourage new development to be planned and designed to minimize noise impacts from outside noise sources. N-4. Noise from New Nonresidential Development. Design nonresidential development to minimize noise impacts on neighboring uses. a. Performance Standards for Uses Affecting Residential Districts. New nonresidential development shall not increase noise levels in a residential district by more than Ldn 3 dB, or create noise impacts that would increase noise levels to more than Ldn 60 dB at the property line of the noise receiving use, whichever is the more restrictive standard. b. Performance Standards for Uses Affecting Nonresidential and Mixed Use Districts. New nonresidential projects shall not increase noise levels in a nonresidential or mixed-use district by more than Ldn 5 dB, or create noise impacts that would increase noise levels to more than Ldn65 dB (Office, Retail) or Ldn 70 dB (Industrial), at the property line of the noise receiving use, whichever is the more restrictive standard. c. Waiver. These standards may be waived if, as determined by an acoustical study, there are mitigating circumstances (such as higher existing noise levels), and no uses would be adversely affected. N-4a. Require Acoustical Study. Identify through an acoustical study noise mitigation measures to be designed and built into new nonresidential and mixed-use development, and encourage absorptive types of mitigation measures between noise sources and residential districts. Consistent See N-1 above Consistent An IS/MND has been prepared to evaluate the noise impacts of the proposed project on sensitive receptors and determined that there are no significant effects to the environment. Construction techniques have been chosen to limit potential sources of auditory impacts. BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14-002, UPILt'.;052: ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-18 EXHIBITS REVIEW OF GENERAL PLAN 2020 GOALS,AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs Encourage landscaping with native and-compatible non-native plant species, especially drought-resistant species. CON-16a. Distribution of Information. Distribute Marin Municipal Water District and other organizations' educational materials about native plant landscaping. CON-17. Resource-efficient Organizations and Businesses. Encourage businesses, commercial property owners, apartment building owners and non- profit organizations to be resource, energy and water efficient. CON-17a. Regional Energy Office. Consider participation in the County's Regional Energy Office, CON 17b. Green Business Program. Encourage San Rafael businesses to participate in the County's Green Business program. CON.;1S. Resource-Efficient Building Design. Promote and encourage residences to be resource, energy and water efficient by creating incentives and removing obstacles to promote their use. CON-1Sa. Energy-efficient Homes. Encourage the construction of homes and buildings that exceed Title 24 standards. Consider adoption of an ordinance requiring greater energy efficiency in construction of larger homes. CON-18b. Zoning and Building Code Review. Identify barriers to res.ource efficiency in the Zoning and Building Codes and evaluate the suitability of removing those obstacles. CON-1Sc. Use of Alternative Building Materials. Evaluate the benefits and impacts of amending the City's building codes and The project includes a landscape plan that is consistent with drought-tolerant planting and native species. The ORB has reviewed the landscape plan and found it acceptable. Consistent The project includes a landscape plan that is consistent with drought-tolerant planting and native species. The ORB has reviewed the landscape plan and found it acceptable. The proposed project is designed to be LEED certified for energy efficiency. Consistent The project is designed to be energy efficient and adhere to LEED standards for commercial development. BioMarin: 755 Lindaro Street I 788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/78B Lincoln Avenue File #: ZC14-002, UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-21 EXIITBIT 8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs zoning ordinances to allow the use of acceptable resource-efficient alternative building materials and methods. CON·18d. Incentives for Solar and Clean Energy. Seek ways to provide incentives for solar and clean energy systems. CON-18e. LEED Program. Encourage developers to use "Leadership in Energy and Environmental Desian" Standards. CON-20. Water Conservation. Encourage water- conseNing practices in businesses, homes and institutions and increase the use of recycled water, CON-20a. Water Conserving Landscaping. Make available to property managers, designers and homeowners information about water-conseNing landscaping and water-recycling methods and resources. CON·20b. Water Recycling. Support the extension of recyc.led water distribution infrastructure. Require the use of recvcled water where available. CON-23. Energy-efficient Transportation Programs. Encourage the creation of programs such as Transportation Systems Management (TSM), public transit, carpools! van pools, ride-match, bicycling, and other alternatives to the energy- inefficient use of vehicles. CON-23a. City Carpool. Encourage incentive for the creation of car or vanpools for city emnlOVAeS AW-1. State and Federal Standards. Continue to comply and strive to exceed state and federal standards for air quality for the benefit of the Bay Area," Consistent The project includes a landscape plan that is consistent with drought-tolerant planting and native species. The ORB has reviewed the landscape plan and found it acceptable. Consistent The existing Master Use Permit requires the project sponsor to submit a TSM for evaluation of alternative transportation programs. The applicant has included a TOM as part of the application submittal which includes alternative work schedules and work practices to limit vehicular Consistent with condition Due to the nature of the proposed mixed use development, the project would not generate any air quality impacts and would be consistent with the Bay Area Air Quality District requirements Traffic associated with the facilitv was evaluated and found to be less than the historical levels of BioMarin: 755 Lindaro Street 1788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Streetl788 Lincoln Avenue. File #: ZC14-002. UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8·22 EXHIBITS REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs AW-2. Land Use Compatibility. To ensure excellent air quality, promote land use compatibility for new development by using buffering techniques such as landscaping. setba9ks and screening in areas where· different land uses abut one another. AW-4. Particulate Matter Pollution Reduction. Promote the reduction of particulate matter pollution from roads, parking lots, construction sites, agricult~rallands and other activities. AW-4a. Pollution Reduction. Through development reView, ensure that any proposed new sources of particulate matter use latest control technology (such as enclosures, paving unpaved areas, parking lot sweeping and landscaping) and provide adequate buffer setbacks to protect existing or future sensitive receptors. AW-4b. Fireplaces and Wood burning Stoves. Cooperate with the local air quality district to monitor air pollution and enforce mitigations in areas affected by emissions from fireplaces and wood burning stoves. Encourage efficient use of home wood burning heating devices. Adopt and implement the BAAQMD Model Wood smoke Ordinance for new residential development AW-7. Local, State and Federal Standards. Continue to comply with local, state and federal standards for water quality. traffic from the site and would therefore be within the thresholds established for air quality impacts. Furthermore. the proposed development is within the· additional development assumed under the General Plan 2020 and therefore cumulative impacts have been analyzed and found to be acceptable. Consistent This proposed development is situated in the Downtown area and abuts rT1any other similar use buildings. The proposed land use from this project is compatible with surrounding land uses. Consistent with condition The project would be required to implement Air Quality control measures per the IS/MND. The proposed drainage plan is designed to be consistent with local air-quality pollution standards by implementing dust and pollution control measures during construction. Consistent with condition The project would be required to comply with the City's Stormwater Pollution Prevention standards which are derived from the Regional Water Quality Board. The proposed drainage plan is designed to be consistent with the stormwater pollution standards by treating stormwater runoff on-site in landscape areas or through an on-site filtration area before it enters into the BioM.arin: 755 Lindaro Street 1788 Lincoln Avenue Parking Garage Expansion 75'5 Lindaro StreetJ788 Lincoln Avenue File #: ZC14-002. UP14-052. ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-23 EXHIBIT 8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs AW-S. Reduce Pollution from Urban Runoff. Address non-point source pollution and protect receiving waters from pollutants discharged to the storm drain system by requiring Best Management Practices quality. • Support alternatives to impervious surfaces in new development, redevelopment or public improvement projects to reduce urban runoff into storm drain system, creeks and the Bay. • Require that site designs work with the nat!Jral topography and drainages to the extent practicable to reduce the amount of grading necessary and limit disturbance to natural water bodies and natural drainage systems. Where feasible, use vegetation to absorb and filter fertilizers, pesticides and other pollutants. storm drain system. Consistent See AW-7 above. Furthermore, as a standard building permit condition of approval, the proposed project would implement a storm water pollution and prevention plan (SWPPP) and Best Management Practices to minimize impacts on water quality and non-point source pollution discharge into the storm water system. BioMarin: 755 Lindaro Street 1788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Streetl788 Lincoln Avenue File #: ZC14-002. UP14-052, ED14-097 Title: General Plan 2020 Consisten0' Table Exhibit: 8-24 EXHIBIT 9 SAN RAFAEL DESIGN GUIDELINES 755 Lindaro Street 1788 Lincoln Avenue LPG2 Consistency with San Rafael Design Guidelines • A logical sequence of entry and arrival as part of the site's design should be provided. • Where possible, design entrances from the street to direct views toward the building entry. • Parking areas should be screened from the street with hedges, walls, fences or berms, subject to security considerations. • Auto and pedestrian entrances into development should be easy to find. Use of special entry treatment, special plantings and signage should be located at the entries. • Pedestrian areas should be made visually attractive with special planting and flowering trees. • Shade tress should be provided in parking lots per the Zoning Ordinance. • Landscaped areas should be planned as integral parts of the development and to create a strongly landscaped character of the site. • Commercial signage or displays should not be hidden with landscaping. • Trees should be planted in a variety of locations. • Add street trees where practical. • Limit the intensity of lighting to provide for adequate site security and . for pedestrian and vehicular safety. • Shield light sources to prevent glare and illumination beyond boundaries of the property .. • Lighting fixtures should compliment the project architecture. Consistent Staff concludes the project site design provides a sense of entry from the primary pedestrian/vehicular entrance on Lindaro Street. Both the office building and parking structure addition have been designed to maximize the pedestrian/vehicular ingre~s/egress pOints to the project sites and connection to the SRCC campus. Landscape plans show consistency with other areas in the SRCC. The parking lot contains shade trees as required by the Zoning Ordinance. The proposed pedestrian access is safe. Consistent The project appears to be in compliance with the above Landscaping guidelines. Potentially Consistent Staff notes that there is no lighting plan included in the landscape plan for the proposed project, however, the landscape plan and building desig n are proposed to be consistent with the overall SRCC campus n and landscape plan. A condition of aporoval can be included to 9-1 EXHIBIT 9 SAN RAFAEL DESIGN GUIDELINES 755 Lindaro Street 1788 Lincoln Avenue LPG2 Consistency with San Rafael Design Guidelines • Consider pedestrian orientation when designing building entries, windows, signage and doors. • Include a well-defined pedestrian walkway between the street and building entry. • Clearly define pedestrian movement through parking lots by pavement treatment and landscaped walkways • Where appropriate, include outdoor gathering places and seating for the public. • Adequate facilities for bicycle parking should be provided. Consider the development's visual and spatial relationship to adjacent buildings and other structures in the area. Building entrances should be defined with architectural elements such as roof form changes, awnings, or other architectural elements. require the final lighting plan to be approved prior to building permit issuance. Consistent The main pedestrian access between the street and the building entry is located on axis with the main SRCC pedestrian corridor. Both main walkways (755 Lindaro Street and 788 Lincoln Avenue) would be controlled by pedestrian activated crossing beacons Staff believes it is an appropriately located pedestrian access with respect to the building entrance. Consistent 755 Lindaro Street has been designed to be consistent with other buildings within the SRCC campus. Entrances and tower elements are deSigned to reflect existing conditions throughout the SRCC. The 788 Lincoln Avenue parking structure addition has also been deSigned for consistency with the existing (under construction) parking structure. Consistent The proposed building would have an entrance similar to existing entrances located throuQ.hout the SRCC campus featuring architectural elements consistent with existing buildings. Staff believes the proposed entry is appropriately designed. 9-2 EXHIBIT 8 REVIEW OF GENERAL PLAN 2020.GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael Gene,raJ Plan 2020 Policies and Programs N·5. Traffic Noise from New Development. Minimize noise impacts of increased off-site traffic caused by new development Where the exterior Ldn is 65 dB or greater at a residential building or outdoor use area and 'a plan, program, or project increases traffic noise levels by more than Ldn 3 dB, reasonable noise mitigation measures shall be lncluded in the CON-1. Protection of Environmental Resources. Protect or enhance environmental resources, such as ridgelines, wetlands, diked baylands, creeks and drainageways, shorelines and habitat for threatened and endanaered sDecies. CON-So Creek and Drainageway Setbacks. Require development-free setbacks, except for specific access points as approved per policy CON-7 (Public Access to Creeks), from existing creeks and drainageways that will maintain the functions and resulting values of these habitats. Appropriate erosion control and roadway crossings may encroach into the development setback. In the absence of-vegetation, promote new growth of natural habitat. ' a. Creek Setback. Maintain a minimum 25-foot development-free setback from the top' of creek banks for all new development (including, but not / limited to, paving and structures), except for Miller Creek and its tributaries, where a minimum 50-foot setback shall be maintained. Setbacks up to 1,00 feet may be required on lots or develooment oroiects two or more acres in size Consistent The project as deSigned would generate fewer trips than previously approved but never developed medical office use; therefore no additional traffic noise would be generated. Consistent The proposed project would be developed on a previously graded and developed site on which there are no known environmental resources. Consistent The project would continue to maintain the 25 foot top of bank setback from Mahon Creek. No improvements are proposed in this area. BioMarin: 755 Lindaro Street 1788 Lincoln Avenue Parldng Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZCI4-002, UPI4-0S2, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-19 EXHIBITS REVIEW OF GENERAL PLAN 20'20 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs where development review determines a wider setback is needed to maintain functions and resulting habitat values and in areas where high quaJity riparian habitat exists. The City may waive this requirement for minor encroachments if it can be demonstrated that the proposed setback adequately protects the functions of the creek to the maximum extent feasible and resulting values to the satisfaction of the City after review by the appropriate regulatory agencies. ' b. Drainageway Setbacks. Drainageway setbacks shall be established through individual development review, taking into account existing habitat functions and resulting values. CON-6a. Municipal Code Compliance. Ensure that the San Rafael Mu nicipal Code complies with local, state, and federal regulatory agencies requirements for erosion control. CON-7. Public Access to Creeks. Provide pedestrian access to pOints along creeks throughout the City where such access will not adversely affect habitat values. CON-7a. Creek Access·Points. Proactively identify and create desirable access points to creeks on public lands. CON-7b. Public Access. Through the . development review process, identify and secure areas appropriate for access points to creeks. CON-7c. Website Publicity. Use the City's website to publicize information about protecting and accessing San Rafael's creeks and waterways. CON .. 7d. Creek Signage. Develop a program to provide attractive signage identifying creeks. CON-16. Landscape with Native Plant Species. Consistent The proposed project includes pedestrian pathways and. sidewalks that provide connections to existing Mahon Creek public pedestrians paths. Consistent BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14-002, UP 14-052, ED14-097 . Title: General Plan 2020 Consistency Table Exhibit: EXIDBIT8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs and require that development p'rojects implement adequate erosion and/or sediment control and runoff discharae measures. 5 ... 25. Regional Water Quality Control Board (RWQC8) Requirements. Continue to work through .the Marin County Stormwater PolIution Prevention Program to implement appropriate Watershed Management plans as dictated in the RWQCB general National Pollutant Discharge Elimination System permit for Marin County and the local stormwater plan. 5-26. Fire and Police Services. Maintain adequate cost-effective fire protection, paramedic and police services. Minimize increases in service needs from new development through continued fire prevention and community policing programs. N-1. Noise Impacts on New Development. Protect people in new development from excessive noise by applying noise standards in land use decisions. Apply the Land Use Compatibility Standards (see Exhibit 31) to the siting of new uses in existing noise environments. These standards identify the acceptability of a project based on noise exposure. If a project exceeds the standards in Exhibit 31, an acoustical analysis shall be required to identify noise impacts and potential noise mitigations. Mitigation should include the research and use of state-of-the- art abatina materials and technol Consistent with cqndition This project has been reviewed by the City's Public Works Department which implements the Stormwater Pollution Prevention standards and regulations. As designed, the proposed project includes adequate measures to reduce stormwater run-off consistent with-the.standards established by the RWQCB. The project would direct all run-off to the landscape areas and on- site filtration devices, before being discharged into the City's stormdrain system. A standard condition of approval would require the applicant to submit a Storm Water Pollution Prevention Plan (SWPPP) for review and approval by the City of San Rafael Public Works Department prior to the issuance of building permits. . Consistent with conditions The City of San Rafael Police and Fire Departments have both reviewed the proposed project and certain conditions of approval to ensure that the new development would comply with their regulations and standards.'The Fire Department has found that the project would comply with all Fire Codes and their recommended conditions of approval have been incorporated. The Crime Prevention officer of the Police Department has also reviewed the proposed project and found that the use and structure would be consistent with their crime prevention standards. Consistent with condition Exhibit 31 of the General Plan 2020 illustrates the land use compatibility standards for locating new development in existing environments. The land use category for the proposed use would be office. New uses in this category are cond'itionally permitted in environments that exhibit betvveen 65 a d 85 Ldn (dB). An evaluation of the existing noise environment around the site found that the project would be consistent with adopted Noise Ordinance and Policies. BioMarin: 755 Lin.daro Street 1788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street1788 Lincoln Avenue File #: ZCI4-002, UPI4-052. ED14-097 Title: General PIan 2020 Consistency Table Exhibit: 8-17 EXHIBITS REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES' 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs N-3. Planning and Design of New Development. Encourage new development to be planned and designed to minimize noise impacts from outside noise ·sources. N-4. Noise from New Nonresidential Development. Design nonresidential development to minimize noise impacts on neighboring uses. a. Performance Standards for Uses Affecting Residential Districts. New nonresidential development shall not increase hoise levels in a residential district by more than Ldn 3 dB, or create noise impacts that would increase noise levels to more than Ldn 60 dB at the property line of the noise receiving use, whichever is the more restrictive standard. b. Performance Standards for Uses Affecting Nonresidential and Mixed Use Districts. New nonresidential projects shall not increase ,noise levels in a nonresidential or mixed-use district by more than Ldn 5 dB, or create noise impacts that would increase noise levels to more than Ldn65 dB (Office, Retail) or Ldn 70 dB (Industrial), at the property line of the noise receiving use, whichever is the more restrictive standard. c. Waiver. These standards may be waived if, as determined by an acoustical study, there are mitigating circumstances (such as higher existing noise levels), and no uses would be adversely affected. N-4a. Require Acoustical Study. Identify through an acoustical study noise mitigation measures to be designed and built into new nonresidential and mixed-use development) and encourage absorptive types of mitigation measures between noise sources and residential districts. Consistent See N-1 above Consistent An IS/MND has been prepared to evaluate the noise impacts of the proposed project on sensitive receptors and determined that there are no 'significant effects to the environment Construction techniques have been chosen to limit potential sources of auditory impacts. BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion File #: ZC14-002, UP14':.:052; ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-18 755 Lindaro Street/788 Lincoln Avenue . EXIDBIT8 REVIEW OF GENERAL PLAN 2020 GOALS,AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency wit~ San Rafael General Plan 2020 Policies and Programs Encourage landscaping with native and compatible non-native plant species, especially drought-resistant species. . CON-16a. Distribution of Information. Distribute Marin Municipal Water District and other organizations' educational materials about native plant landscaping. ' CON-17. Resource-efficient Organizations and Busine~ses. Encourage businesses, commercial property owners, apartment building owners and non- profit organizations to be resource, energy and water efficient. CON-17a. Regional Energy Office. Consider participation in the Countls Regional Energy Office. CON 17b. Green Business Program. Encourage San Rafael businesses to participate in the Cou nty1s Green Business QIQ[ram. CON~18. Resource-Efficient Building Design. P~omote and encourage residences to be resource, energy and water efficient by creating incentives and removing obstacles to promote their use.- CON-18a. Energy-efficient Homes. Encourage the construction of homes and buildings that exceed Title 24 standards. Consider aqoption of an ordinance requiring greater energy efficiency in construction of larger homes. CON-18b. Zoning and Building Code Review. Identify barriers to resource efficiency in the Zoning and Building Codes and evaluate the suitability of removing those obstacles. CON-18c. Use of Alternative Building Materials. Evaluate the benefits and impacts of amending thE! Gity's building codes and The project includes a landscape plan that is consistent with'drought-tolerant planting and native species, The DRB has reviewed the landscape plan and found it acceptable. Consistent T.he project includes a landscape plan that is consistent'with drought-tolerant planting and native species. The DRB has reviewed the landscape plan and fQund it acceptable. The proposed project is designed to be LEED certified for energy efficiency. Consiste'nt The project is designed to be energy efficient and adhere to LEED standards for commercial development. . BioMarin: 755 Lindaro Street! 788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street!788 Lincoln Avenue File#: ZC14-002, UP14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-21 EXHIBITS REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael General Plan 2020 Policies and Programs zoning ordinances to allow the use of acceptable resource-efficient alternative building materials and methods. CON-18d. Incentives for Solar and Clean Energy. Seek ways to provide incentives for solar and clean energy systems. CO.N-18e. LEED Program. Encourage developers to use "Leadership in Energy and Environmental Design" Standards. CON-20. Water Conservation. Encourage water- conserving practices in businesses, homes and institutions and increase the use of recycled water. CON-20a. Water Conserving Landscaping. Make available to property managers, designers and homeowners information about water-conserving landscaping and , water-recycling methods and resources. ·CON-20b. Water Recycling. Support the extension 'of recycled water distribution infrastructure. Require the use of recycled water where available. CON-23. Energy-efficient Transportation Programs. Encourage the creation of programs such as Transportatio'n Systems Management (TSM), public transit, carpools! vanpools, ride-match, bicycling, and other alternatives to the energy- inefficient use of vehicles. CON-23a. City Carpool. Encourage incentive for the creation of car or vanpools for city employees. AW-1. State and Federal Standards. Continue to comply and strive to exceed state and federal standards for air quality for the benefit of the Bay Area. . Consistent The project includes a landscape plan that is consistent with drought-tolerant planting and native species. The ORB has reviewed the landscape plan and found it acceptable. Consistent ,The existing Master Use Permit requires the project sponsor to submit a TSM for evaluation of alternative transportation programs. The applicant has included a TOM as part of the application submittal which includes alternative work schedules and work practices to limit vehicular Consistent with condition Due to the nature of the proposed mixed use development, the project would not generate any air quality impacts and would be consistent with the Bay Area Air Quality District requirements Traffic associated with the facility was evaluated and found to be less than the historical levels of BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Streetl788 Lincoln Avenue. File #: ZC14-002. UP 14-052, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-22 EXHIBIT 8 REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael G~neral Plan 2020 Policies and Programs AW-2. Land Use Compatibility. To ensure excellent air quality, promote land use compatibility for new development by using bufferiflg techniques such as landscaping, setba9ks and screening in areas where· different land uses abut one another. AW-4. Particulate Matter POllution Reduction. Promote the reduction of particulate matter pollution from roads, parking lots, construction sites, agricultJ,Jrallands and other activities. AW-4a. Pollution Reduction. Through development review. ensure that any proposed new sources of particulate matter use latest control technology (such as . enclosures. paving unpaved areas, parking lot sweeping and landscaping) and provide . adequate buffer setbacks to protect existing or future sensitive receptors. AW-4b. Fireplaces and Wood burning Stoves. Cooperate with the local air quality district to monitor air pollution and enforce mitigations in areas affected by emissions from fireplaces and wood burning stoves. Encourage efficient use of home wood burning heating devices. Adopt and implement the BAAQMD Model Wood smoke . Ordinance for new residential development. AW-7. Local, State and Federal Standards. Continue to comply with local, state and federal standards for water quality. traffic from the site and would therefore be within the thresholds established for air quality impacts. Furthermore; the proposed development is within the'additional development assumed under the General Plan 2020 and therefore cumulative impacts have been analyzed and found to be acceptable. Consistent , This proposed development is situ~ted in the Downtown area and abuts ~any other similar use buildings. The proposed land use from this projec~ is compatible with surrounding land uses. Consistent with 'Condition The project would be required to implement Air Quality control measures per the IS/MND. The proposed drainage plan is designed to be consistent with local air-quality pollution standards by implementing dust and pollution control measures during construction. Consistent with condition The project would be required to comply with the City's Stormwater Pollution Prevention standards which are derived from the Regional Water Quality Board. The proposed drainage plan is designed to be consistent with the stormwater pollution standards by treating stormwater runoff on-site in landscape areas or through an on-site filtration area before it enters into the BioMf1.rin: 755 Lindaro Street / 788 Lincoln Avenue Parking Garage Expansion· 75'5 Lind,aro Street/788 Lincoln Avenue File #: ZC14-002, UP14-0S2, ED14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-23 EXHIBITS REVIEW OF GENERAL PLAN 2020 G'OALS AND POLICIES 755 Lindaro Street 788 Lincoln/LPG2 Project Consistency with San Rafael Gen~ral Plan 2020 Policies and Programs AW-S. Reduce Pollution from Urban Runoff. Address non-point source pollution and protect receiving waters from pollutants discharged to the storm drain system by requiring Best Management Practices quality. • Support alternatives to impervious surfaces in new development, redevelopment or public improvement projects to reduce urban runoff into storm drain system, creeks and the Bay. • Require that site designs Work with the ' nat!,.Jral topography and drainages to the extent practicable to reduce the amount of grading necessary and limit disturbance to natural water bodies and natural drainage systems. Where feasible, use vegetation to absorb and filter fertilizers, pesticides and other pollutants. storm drain system. Consistent See AW-7 above. Furthermore, as a standard building permit condition of approval, the proposed project would implement a storm water pollution and prevention plan (SWPPP) and Best Management Practices to minimize impacts on water quality and non-point source pollution discharge into the storm water system. BioMarin: 755 Lindaro Street /788 Lincoln Avenue Parking Garage Expansion 755 Lindaro Street/788 Lincoln Avenue File #: ZC14-002, UP 14-052, ED 14-097 Title: General Plan 2020 Consistency Table Exhibit: 8-24 EXHIBIT 9 SAN RAFAEL DESIGN GUIDELINES 755 Lindaro Street 1788 Lincoln Avenue LPG2 Consistency with San Rafael Design Guidelines • A logical sequence of entry and arrival as part of the site's design should be provided. • Where possible, design entrances from the street to direct views t<;>ward the building entry. • Parking areas should be screened from the street with hedges, walls, fences or berms, subject to security considerations. • Auto and pedestrian entrances into development should be easy to find. Use of special entry treatment special plantings and sig nage should be located at the entries. • Pedestrian areas should be made visually attractive with special planting and flowering trees. ' • Shade tress should be provided in parking lots per the Zoning Ordinance. • Landscaped areas should be planned as integral parts of the development and to create a strongly landscaped character of the site. • Commercial signage or displays should not be hidden with landscaping, • Trees should be planted in a variety of locations. • Add street trees where practical. • Limit the intensity of lighting to provide for adequate site security arid for pedestrian and vehicular safety. • Shield light sources to prevent glare and illumination beyond boundaries of the property .. • Lighting fixtures should compliment the project architecture. Consistent Staff concludes the project site design provides a sense of entry from the primary' pedestrian/vehicular entrance on Lindaro Street. Both the office building and parking structure addition have been designed to maximize the pedestrian/vehicular ingre~s/egress points to the project sites and connection to the SRCC campus. Landscape plans show consistency with other areas in the SRCC. The parking lot contains shade trees as required by the Zoning Ordinance. The proposed pedestrian access is safe. Consistent The project appears to be in compliance with the above Landscaping guidelines. Potentially Consistent Staff note~ that there is no lighting plan included in the landscape plan for the proposed project, however, the landscape plan and building design are proposed to be consistent with the overall SRCC campus and landscape olan. A condition of approval can be included to 9-1 EXHIBIT 9 SAN RAFAEL DESlGN GUIDELINES 755 Lindaro Street 1788 Lincoln Avenue LPG2 Consistency with San Rafael Design Guidelines • Consider pedestrian orientation when designing building 'entries, windows, signage and doors. • Include a well-defined pedestrian walkway between the street and building entry. • Clearly define pedestrian movement through parking lots by using pavement treatment and landscaped walkways. • Where appropriate, include outdoor gathering places and seating for the public. . • Adequate facilities for bicycle parking should be provided. Consider the developmenfs visual and spatial relationship to adjacent buildings and other structures in the area. Building entrances should be defined with-architectural elements such as roof form changes, awnings, or other architectural elements. require the final lighting plan to be approved prior to building permit issuance. Consistent The main pedestrian access between the street and the building entry is located on axis with the main SRCC pedestrian corridor. Both main walkways (755 Lindaro Street and 788 Lincoln Avenue) would be controlled by pedestrian activated crossing beacons Staff beli~ves it is an appropriately located pedestrian access with respect to the buildino entrance: Consistent 755 Lindaro Street has been designed to be consistent with other buildings within the SRCC campus. Entrances and tower elements are designed to reflect existing conditions throughout the SRCC. The 788 Lincoln Avenue parking structure addition has also been designed for consistency with the eXisting (under construction) parking structure. Consistent The proposed building would have an entrance similar to existing entrances located throug,hout the SRCC campus featuring architectural elements consistent with existing buildings. Staff believes the proposed entry is appropriately designed. 9-2 . EXHIBIT 9 SAN RAFAEL DESIGN GUIDELINES 755 Lindaro Street.l788 Lincoln ~venue LPG2 Consistency with Sa~ RafaeJ Desig~ Gu'ideHnes Where appropriate, provide awnings to enhance the design of the building, provide weather protection, and create a sen,se of human scale. • Use articulation, texturing and detailing on all concrete exposed to exterior view. • Exterior materials should minimize reflectivity. • Use color to provide appropriate accents on a building. Consistent The proposed office building features design elements that enhance the building fayade articulation and includes massing that presents a sense of human scale. The proposed design is consistent with existing building throughout the SRCC campus. Consistent The proposed design is consistent with existing buildings throughout the SRCC campus, Staff believes the building provides appropriate articulation, texturing and detailing and appropriate exterior materials. The Design Review Board has reviewed and recommended approval of the design. 9-3 EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 3 of 16 FACILITY AND AMENITIES CONFE"RENCE ROOMS: • TAMALPAIS ROOM Seminar Style-two rows-70 chairs (five seats across, an aisle between rows) One large table at front of room. Flip chart on wheels (white board on one side and other side upholstered for pinning exhibits) Projection screen recessed in ceiling Two 6 foot tables at back of room Two 6 foot folding tables and two 4 foot folding tables in closets inside the room I nternet I Telephone access available with advance notice Minimum Group Size: 20 people; Maximum Group Size: 75 people • MAYOR ALBERT J. BORO ROOM Executive Board Style room -14 high back leather chairs around large rectangular table Credenza Projection screen recessed in ceiling I nternetfTelephone access available Maximum group size: 18 • BOYD PARK ROOM Smaller meeting room with 8 chairs around rectangular table Credenza Maximum group size: 10 Podiums, computers, telephones, audio/visual equipment and additional chairs are NOT provided. If you have needs other than the supplied fixtures listed above you must provide for them and arrange for delivery and set-up. Equipment may not be moved from one room to another. A partially supplied kitchen (microwave, refrigerator," coffee pot, etc.) is located between the Albert J. Boro and Boyd Park conference rooms for use by all three conference rooms. The restrooms are kept locked. The management office will need to be notified prior to your meeting should you require the restrooms to be unlocked (for large meetings) or you need keys to access the restrooms. After 5PM the on-site security guard can give you access: ~~Z2~~ (add contact information) PARKING: Ample parking is available directly across Lindaro Street (see map). The small parking lot directly in front of 750 Lindaro is reserved for one hour parking only. Cars parked in the small visitor lot longer than 60 minutes may be towed. Please provide a map to your attendees when possible. MAHON CREEK PARK: A small park locat~d between the 750 Lindaro and 781 Lincoln buildings is available for outdoor events. 105 Digital Drive. Novato, CA 94949 . TeI415.506.6700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 4 of 16 RESERVATIONS FOR USE OF PARKING LOT(S): Our parking lots can accommodate 400 cars for overflow parking for evening and weekend public events. Advance reservation and Hold Harmless Agreements are required and additional insurance may be required at the discretion of San Rafael Corporate Center management. 105 Digital Drive. Novato, CA 94949 . Tel 415.506.6700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 5 of 16 RESERVATION RULES AND POLICIES Public use of Mahon Creek Park and the San Rafael Corporate Center (SRCC) conference facility is available by reservation pursuant to the following rules and policies: 1. Reservation Procedure To secure a date for an event, the event sponsor must submit the following to SRCC management: A. Signed Application for Temporary Use B. Signed Hold Harmless Agreement C. Security deposit of $500.00 (Separate Check) D. Conference Room Rental Fee (if applicable in an amount equal to 50% of the fee set forth on the Fee Schedule. (Separate Check) E. Certificate of Insurance for event sponsor (and for all on-site vendors (e.g. caterers, musicians, DJs, bands, etc.), if applicable) F. Non Profit Certification, if applicable Priority for use of Mahon Creek Park and the SRCC conference facility shall be given to our tenants and to qualified sponsors within the City of San Rafael (Le. not-for-profit organizations, homeowners associations and neighborhood groups/associations.) Facility reservation is confirmed only after approval by the SRCC management, which will not be unreasonably withheld. To meet the needs of our tenants and other non-paying and paying users, we reserve these rooms no more than six months in advance and use of the rooms is limited to a maximum of eight business hours (Monday through Friday 8:00 AM -5:00 PM) per month. Any organization that is not a tenant of th'e San Rafael Corporate Center may not use the conference facility during business hours (Monday through Friday 8:00AM .. 5:00PM). Profit and Non-Profit Organizations have access to the conference center Monday through Friday, 5:00PM .. 9:30PM. Weekend access is permitted (8:00AM -6:00PM) and all organizations must pay a supplementary security fee ($34.00), as well as heatinglair fee if requested ($55.00/hour). Cancellations must be made with a minimum of 72 hour notice. Any organization (for-profit, non-prqfit, city/county offices and tenants are included) that does not use the reserved room without prior cancellation will be charged a $75.00 fee. 2. Security Deposit A security deposit in the amount of $500 is required of all users, with the ~~s~~.e~:.1.9~. who lease space at SRCC. to made ble to and mailed to (add contact information). ' The security deposit is fully refundable with the following exceptions: A. The security deposit will be retained if the event sponsor cancels the date of the event at any time as follows: 750/0 of the security deposit will be refunded if SRCC 105 Digital Drive. Novato, CA 94949 . Tel 41S.50S,S700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 6 of 16 management is able to reschedule the date. SRCC management is not obligated to seek or to attempt to reschedule the date of a canceled event. B. The security deposit refund will be reduced to reimburse the additional costs incurred due to cleaning, damage to facilities or grounds, overtime hours and additional equipment used during the vent. See Reimbursement Rate Schedule for an explanation of additional costs. C. SRCC reserves the right to increase the security deposit, subject to the approval of the San Rafael Parks and Recreation Commission. 3. Fees and Reimbursements While San Rafael Corporate Center is pleased to offer the use of our facility to Building Tenants and the City of San Rafael based non-profits free of a rental charge, we do require all users to reimburse us for the costs we incur as a result of the after-hours and weekend events. Non-Profits based outside of San Rafael and for-profit entities are charged a conference room rental fee as well as for the reimbursement of the costs we incur as a result of after-hours and weekend events. A. Rental Fees: 1. A separate check is required for Rental Fee. The Rental Fee may not be deducted from the Security Deposit. 2. The check is to be made payable to 1 .... . -:.< and mailed to l;·!" ···/);:,':Z,:';i/·';·:,".,,;> .... .••. ;:; (add contact information). The event name and date are to be written on the check. 3. SRCC reserves the right to increase the room rental rates set forth on the Fee Schedule subject to the approval of the San Rafael Parks and Recreation Commission. B. Reimbursements: 1. Reimbursement for the additional costs incurred as a result of the after-hours and weekend events (e.g. janitorial, maintenance staff, security, HVAC/Utilities, etc.) will be deducted from the security deposit. A new security deposit will be required once the total security deposit has been used. 2. SRCC management reserves the right to increase the additional costs reimbursement rates set forth on the Reimbursement Rate Schedule, subject to the approval of the San Rafael Parks and Recreation Commission. 4. Insurance Requirements A. Event sponsors must provide a Certificate of Insurance for their organization and for all on site vendors (e.g. caterers, musicians, DJs, bands, etc.) for general liability within a limit of not less than $1,000,000, or such greater amount as may be required by SRCC management, if the intended use of either Mahon Creek Park or the SRCC conference facility may create risks necessitating additional or greater insurance coverage, and/or workers' compensation insurance. 105 Digital Drive. Novato, CA 94949 . TeI415.506.6700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 7 of 16 B. The Certificate of Insurance must include endorsements naming =~~=.;..... ____ ~= (add contact information) and/or such other persons or entities identified by SRCC management as additional insured l and state that insurance will not be canceled without 30 days advance written notice to SRCC. See enclosed San Rafael Corporate Center Certificate of Insurance Requirements. C. of Insurance must be completed and mailed to the (add contact information) 45 days prior to the event or sooner to confirm reservation. The event name and date are to be written on the check. Confirmation of a pending rese.rvation will not be made until the insurance certificate has been received. D. Organizations or individuals that have insurance through a parent issue a certificate of insurance from such parent which names ~G~~~~~~~ (add contact information) and/or such other persons or entities identified by SRCC management as additional insured. 5. Alcoholic Beverages A. Alcoholic beverages may not be sold, served or consumed in the Conference facilities or in Mahon Creek Park. SRCC management may grant exceptions on a case-by-case basis. A liquor license may be required. B. Alcoholic beverages may not be served in the SRCC conference center unless written agreement from SRCC management has been received. C. The State of California prohibits the consumption of alcoholic beverages by individuals under the age of 21 years. The event sponsor is required to comply with this and all the rules and regulations of the State Department of Alcoholic Beverage Control. D. In all leases I no alcohol will be sold at an event. 6. General Rules A. Hours stated on the Application for Temporary Use are to include time for setup and cleanup, which are the responsibility of the event sponsor. All events and cleanup must conclude by 10:00 PM unless otherwise stipulated by the San Rafael Corporate Center management If not security fees will apply. B. Evening events running or starting after 9:30 PM and weekend and holiday events require additional reimbursement as stated on the enclosed Reimbursement Rate Schedule. . C. Reservations are accepted no earlier than six months prior to the event date or otherwise as stipulated by the San Rafael Corporate Center management. All fees and required documentation must be submitted no later than 45 days prior to the date of the event. 105 Digital Drive. Novato, CA 94949 . Tel 415.506.6700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 8 of 16 D. Conference room reservation dates are non-transferable. E. An adult sponsor must complete reservations and be present at the event for use of Mahon Creek Park or the SRCC conference center by youth groups. F. At the discretion of SRCC management, additional security police officers or staff attendants, bonds, or insurance may be required to be provide"d by the event sponsor at its own expense. G. The event sponsor whose signature appears on the Application for Temporary Use should arrive at the starting time designated on the Application for Temporary Use and be present until the end of the event. If the event sponsor cannot be present, a designated representative should be added to the Application for Temporary Use, and such representative shall be required to fulfill these requirements. H. All facilities must be left in the same conditions as before the event. Rooms must be returned to original configuration and kitchen must be cleaned. I. The event sponsor is responsible for adhering to and enforcing the no smoking ordinance. J. The event sponsor as part of cleanup must remove decorations after the event. (i) Cellophane adhesives, nails, screws, staples, etc., in walls, woodwork or on windows are prohibited. (ii) All decorations must be fireproof or made of fire retardant materials. (iii) Exits shall remain open at all times and shall not be covered or obstructed in any way. (iv)' The use of candles, incense or room sprays are strictly prohibited. 6. General Rules (cont.) K. Birdseed, rice, confetti, or flower petals are not permitted to be thrown at an event. L. Reservations will not be approved if such use of the Mahon Creek Park or SRCC conference center will interfere with SRCC tenant activities or where there is a violation of approved regulations. M. SRCC reserves the right to make any physical or furniture change in the buildings, San Rafael Conference Center Conference Rooms or Mahon Creek Park. N. SRCC reserves the right to prohibit persons from using Mahon Creek Park and/or SRCC conference center if such persons engage in behavior that is unlawful, immoral, or unreasonable, or behavior which, in SRCC's reasonable judgement, constitutes a nuisance to other users of SRCC or SRCC employees, tenants, visitors, or to neighboring property owners and their employees, tenants, and visitors. Such behavior shall include, but is not limited to: 105 Digital Drive. Novato, CA 94949 . Tel 415.506.6700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 9 of 16 (i) Interfering in any manner with the conduct of business, operations or activities of SRCC or its tenants or sUbtenants. (ii) Loitering, littering or committing any unlawful or lewd act. (iii) Entering the SRCC while intoxicated or otherwise under the influence of alcohol or drugs. (iv) Entering Mahon Creek Park outside of normal park hours. (v) Entering any portion of the SRCC not otherwise made available for public access. (vi) Obstructing parking or access or egress in, on, to, or from the SRCC. (vii) Engaging in prohibited activities on the SRCC grounds, which may include, but are not limited to, skateboarding, rollerblading, bicycling or operating any wheeled recreational vehicle. (viii) , Causing any damage to SRCC. (ix) Canvassing, soliciting or distributing handbills or any other written material in, on or about SRCC. (x) Picketing, peddling or panhandling in, on or about SRCC. (xi) Posing a threat or risk to the health or safety of others, the physical condition or security of SRCC, or the conduct of business, operations, or activities of SRCC or its tenants or subtenants .. (xii) Failing to comply with alcohol consumption prohibitions, security, safety, fire protection and evacuation procedures or requirements. O. SRCC management reserves the right to prohibit persons from using the SRCC conference facility and/or Mahon Creek Park in the event of war, riot, public excitement or other commotion on or about the SRCC. P. Event sponsor assumes full responsibility for any injury, theft, loss or damages to attendees of the event the event sponsor, third parties or SRCC caused by the event's sponsor, attendees, or event staff pursuant to the Application for Temporary Use. Q. All scheduled events must take place in the reserved room. The Main Lobby may not be used for any other means than to travel to the conference room(s). R. These rules and regulations shall not be construed to in any way modify, amend, in whole or in part, the terms, covenants, agreements and conditions of any lease of SRCC or contract agreement, or other written arrangement between SRCC and the City of San Rafael, the event sponsor, and attendees of the event. These policies and rules are subject to all City Ordinances, and said Ordinances are included and made a part of all permits. 105 Digital Drive. Novato, CA 94949 . Tel 415.506.6700 . Fax415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 10 of 16 CERTIFICATE OF INSURANCE REQUIREMENTS To ensure the correct verbiage is used on all certificates, a copy of this ITRequirements" page is to be faxed to the Event Sponsor's Insurance Carrier and to any caterers, musicians or other vendors being used for the event so that the vendors may fax it to their insurance carriers. The completed Certificate is to be mailed to the office address below. (Mailing address is different from physical address.) Owner/Manager Address (add contact information) Insurance Certificates must list the following as the Certificate Holder: (add contact information) Insurance Certificates must list the following as Additionally Insured: contact information) Required Insurance: Worker's Compensation Limits California Statutory requirements Employer's Liability Insurance $1,000,000 per accident or occurrence Commercial General Liability Insurance $1,000,000 per accident or occurrence Including Product and Completed Operations, $2,000,000 general aggregate & Contractual Liability Insurance Umbrella Policy Commercial Automobile Liability Insurance Umbrella Liability As specified by Owner's Representative for specific project $1,000,000 Combined Single Limit $3,000,000 105 Digital Drive . Novato,CA94949 . Tel 415.506.6700 . Fax415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 11 of 16 APPLICATION FOR TEMPORARY USE COMPANY NAME & LOCATION ADDRESS: ______________ _ PHONE #: _______ E-MAIL:-_______ NON-PROFIT *YES_NO MAILING ADDRESS: __ ~-------------------- CURRENT SAN RAFAEL CORPORATE CENTER TENANT: YES NO ___ _ PROPOSED DATE(s) OF USE: EVENT HOURS: _____ _ (See separate page for additional dales) (Including set-up & clean-Up) APPROX. # OF GUESTS: __ TYPE/NATURE OF FUNCTION: ________ _ EQUIPMENT YOU WILL BRING: (Specify type of equipment and power needs) ______ ----: __ MUSIC: No __ Yes __ (If yes, provide name of OJ/band & enclose a copy of their Certificate of Insurance) CATERER: No_ Yes_ (If yes, provide name of OJ/band & enclose a copy of their Certificate of Insurance) PROPS I DECORATIONS USED: Yes __ No __ Exhibits are not to be attached to the walls. If . exhibits are to be used, please indicate how they will be mounted: _______ ~ _______ _ Enclosed with this signed "Application for Temporary Use" are the following completed documents: [J Hold Harmless Agreement (required for all users) [] Certificate of Insurance (required for all companies hosting event and all on site vendors used by the company) D $500.00 Security Deposit payable to (add contact information) (required for all users, except tenants of the building) D *Not for Profit Certification (required for all users, if applicable) D Conference Room Rental Fee (required for all users who are NOT A City of San Rafael Non- Profit) I have read & understood the IIS an Rafael Corporate Center Reservation Rules and Policies" and agree on behalf of (Company/Organization) to comply with said rules and policies. EVENT SPONSOR SIGNATURE. TITLE DATE *"'(OR) DESIGNATED REPRESENTATIVE SIGNATURE TITLE DATE **(See Page 8 -#6-G of Reservation Rules & Policies) 105 Digital Drive. Novato, CA 94949 . TeI415.506.6700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 12 of 16 HOLD HARMLESS AGREEMENT The undersigned Conference Room User agrees to and shall indemnify defend, protect and hold ~~~..J:2.~~2...;;;..;:;".., as agent for :-;;;.=...;...;;.;;;;;"-=~~==--:;~~...::;;;;;;..;. (add contact information) their representatives, shareholders, agents and employees free and harmless from and against any and all losses, costs, (including attorney's fees), damages, expenses and liabilities (including statutory liability and liability under Workers' Compensation laws) in connection with claims for damages as a result of injury or death of any person and/or property damage to any property which arises from or in any manner grows out of any act or omission on or about San Rafael Corporate Center by the undersigned and/or its partners, agents, employees, customers, participants, guests, invitees, contractors and subcontractors. Company/Organization Name (Please Print) Event Sponsor/Conference Room User Signature Date Event Sponsor/Conference Room User Name (Please Print) Title 105 Digital Drive. Novato, CA 94949 . TeI415.506.6700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 13 of 16 FEE SCHEDULE -CONFERENCE ROOM RENTAL RATES SUITE 125C '": TAMALPAIS ROOM -70 Chairs $50.00 per hour SUITE 1258 -MAYOR ALBERT J. BORO ROOM -14 Chairs $40.00 per hour • SUITE 125A -BOYD PARK ROOM -8 Chairs $35.00 per hour • USE OF ALL THREE CONFERENCE ROOMS $600.00 - 8 hours 105 Digital Drive. Novato, CA 94949 . Tel 415.506.6700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park Page 14 of 16 REIMBURSEMENT RATE SCHEDULE (Applies to ALL Week(tnd and After Hours Users) Monday through Friday after 9:00PM and Weekends (Saturday and/or Sunday): Janitorial services (e.g. kitchen, conference room cleanup, food removal etc.) $27.00/hour -two hour minim um Maintenance services of engineering staff (as deemed necessary by SRCC) $45.00/hour -four hour minimum Secu rity services $34.00/hour -four hour minimum on weekends HVAC/Utilities -(requires activation one hour in advance of event) $55.00/hour -two hour minimum Additional carpet cleaning (as required) $75.00 minimum 105 Digital Drive. Novato, CA 94949 . Tel 415.506.6700 . Fax415.382.7889 . www.BMRN.com EXHIBIT 10 Re: San Rafael Corporate Center Conference Facility an"d Mahon Creek Park Page 15 of 16 MAP AND DRIVING DIRECTIONS From the South I San Francisco: Take 101 North across the Golden Gate Bridge into Marin County (no-toll direction). Continue on 101 North for approximately 14 miles to the CentrarSan Rafael Exit. At exit, turn left onto 3rd Street. Turn left onto Lindaro. After crossing 2nd Street, our buildings are ahead on the left. Park in the Tenant/Guest Lot on the right side (West) of Lindaro. The Conference Rooms are just to the left inside the main lobby doors. From the North I Novato: Take 101 South to the Central San Rafael Exit. At exit turn right onto 3rd Street. Turn left on to Lindaro. After crossing 2nd Street, our buildings are ahead on the left. Park in the Tenant/Guest Lot on the right side (West) of Linda roo The Conference Rooms are just to the left inside the main lobby doors. 105 Digital Drive. Novato, CA 94949 . TeI415.506.6700 . Fax 415.382.7889 . WINW.BMRN.com EXHIBIT 10 ,., Re: San Rafael Corporate Center Conference Facility and Mahon Creek Park ~ Page 16 of 16 ' 105 Digital DrIve. Novato, CA 94949 . TeI415.506.6700 . Fax 415.382.7889 . www.BMRN.com EXHIBIT 11 ~atrI. ~/~ I NOTICE OF PUBLIC HEARING -PLANNING COMMISSION . '\ ""7J .. You are invited to attend the Planning Commission hearing on the following proposed project: PROJECT: 755 Lindaro St and 788 Lincoln Ave (Bio Marin at San Rafael Corporate Center ~ SRCC) -Request for PD Rezoning, Master Use Permit amendment and Environmental and Design Review Permit review of a 54 ft.-tall, 4 story, 72,396 sq ft office builidng on Parcel I of the SRCC and a Phase II , 6-story expansion of the recently approved 6 story parking structure at 788 Lincoln to accommodate parking spaces required for total buildout of the project site at 3.3/1000 square feet ratio. No other improvements or program changes are proposed.; APN's: 013-012-38 & -39, 013-021-50, -51, 52, -53, -54 and -55, ; Planned Development (PD1901) District; California Corporate Center Acquisition LLC, owner; BioMarin. applicant; File No(s).: ZC14-002/ED14-097/UP14-052 As required by state law, the project's potential environmental impacts have been assessed. Planning staff has prepared a Mitigated Negative Declaration for the project which meets the provisions of the Califomia Environmental Quality Act (CEQA). A minimum 3~-day public review and comment period on the adequacy of the Mitigated Negative Declaration has been initiated on Wednesday, July 1, 2015. Public comments on the Mitigated Negative Declaration will be received until Tuesday, August 25, 2015 at the Planning Commission meeting. MEETING DATE/TIME/LOCATION; Tuesday, August 25,2015,7:00 p.m. City Council Chambers, 1400 Fifth Ave at D St, San Rafael, CA FOR MORE INFORMATION: Contact Sean KenningsJ Contract Planner at (415) 533-2111 or email sean@lakassociates.com. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monand Thurs and from 8:30 a.m. to 12:45 p.m. on Tues, Wed and Fri. A copy of the Mitigated Negative Declaration is available for review now on-line at http://www.cityofsanrafael.orq/commdev-Qlanninq~proi-biomarin I or by visiting Community Development Dept. You can view the staff report after anytime Friday. 8/25/15 at http://www.cityofsanrafael.orq/meetinqs and then click on the 8/25 PC meeting date WHAT WILL HAPPEN: You can comment on the project. The Planning Commission will consider all public testimony and decide whether to recommend approval of the project to the City Council. IF YOU CANNOT ATTEND: You can send a letter to the Community Development Department; Planning Division, City of San Rafael, P. O. Box 151560, San Rafael. CA 94915-1560. You can also hand deliver it prior to the meeting. At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only lhose issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section 65009 (b) (2)). of decisions by the Planning Commission to lhe CUy Council shall be made by filing a notice thereof in writing with the required fee to the Planning Division of the Community Del/e[c,pm,ent f)"",'\~rlmAlnt within 5 working days of a decision involving Tille 14 (Zoning) (SRMC Section 14.28.030) or within 10 calendar days of a decision involvi ng Title 15 Sign Language and Interpretation and assistlve listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours in advance. Copies. of documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Gate Transif, Une 22 or 23. Para-transit is available by calling Whistlesl'!p Wheels at (415) 454-0964. To aI/ow individuals with environmental illness or mufflple chemical sensitivity to attend fhe meeting/hearing, individuals are requested to refrain from wearing scented products. EXHIBIT 12 Revie\v Conllllcnts: 755 Lindaro, 788 Lincoln . LD15~095 ( TO: CITY OF SAN RAFAEL, CALIFORNIA DEPARTMENT OF PUBLIC WORICS MEMORANDUM RAFFIBOLOYAN PLANNING MANAGER DATE: JULY 7, 2015 FROM: ICEVIN MCGOWAN (1(}/1 FILE NO: 13.02.20 ACTING PUBLIC WORI{S DIRECTOR/CITY ENGINEER ] SUBJECT: 755 Lindal'o St., 788 Lincoln Ave. (San Rafael Corporate Center -Initial Study/Mitigated Negative Declal'ation -Sean I(ennillgs Project Planller) PA14-010, CDR .. 14 .. 006 We have reviewed the referenced document and 'have the following comments: 1.0 Hydrology 1.1 The last paragraph on page 121 contains a typographical error for the site address. 2.0 Traffic 2.1 Page 144: "to convert 86,000 square feet of MOB space into General Office space ... " should be cha,nged to "to convert 86,000 square feet into Research & Development space ... ". MOB is 68,000 square feet, NOT 86,000. 2.2 Page 144: 314,000 square feet + 72,400 square feet::::: 387,000 square feet. NOT 388,000 square feet as indicated. . 2.3 Page 148: uThe traffic mitigation fee,would be charged at the time 6 building permit is issued for every new medical use tenant until the maximum medical office square-footage allowance is reached u , First of all, the proposed is Research and Development Center tor scientific, medical or technological research, NOT medical office. Second, the trip calculation is based on the total square footage of the building, NOT leasable square footage, therefore, in order to collect mitigation fee for the entire building, leasable square footage of every new tenant should not be used. Department of Works Page 1. 1 · RECEIVED 87/22/2!U5 16: 16 14154853184 Jul 22 2015 3a48PM HP LASERJET FAX CITVOFSANRAFAELBLDG p.1 EXHIBIT 12 foUTa OF CIU"!iOlJMA--C;ALWORNlA STAIB InANSPOBJATI\lN AGBNCy EDMUNDO. DROWNlr~ DEPARTMENT O]r TRANSPORTATION DISTRlCT4 P.O. BOX2J~60 OAKLAND. CA 94623.0660 PHONn (310)286·6053 $,rlOllf DmlJjltt. Hrtlp.illva wQlerl P' AX (J to) 21.t6·55J!) 'lTV 711 www.do1.tlo·8 oV July 22,2015 Mr. Sean Kennlngs City of San Rafael P.O. Box 15160 San Rafael, CA 94915 SOD Rafael Corporate Center -Mitilated Negative Decloration MRNl0t443 MRN-10l .. 10.6 SCH# 2015062086 Thank you for including the California Department of Transportation (Cwtrans) in the envIronmental revIew proce&s for the p1'Oject i'efel'elloed abDve. The proposed project would develop a new, 72.400 square foot office building and would add 2S7 new parkins rJtalls to an existing parking structure. The project is located in San Rafael, within Va miles of US 101 via ramps at Hethertonllrwln Streets. Caltrans' new ml98lon) vision .. and goats signal a moder:niZAtion of o~ approach to California's transportation system. We review this local development for Impaots 10 the State aighway System In keepIng with our milsion, v~sion~ aild goals for sustainabillty/livabUity/economy, and safoty/health. We provide these commen~ consistent with the State's smart mobility goals that SUPP01't B vibrant eoonomy. and build communities, not sprawl. The following comments are ba.ed on the Mitisared Negatlve Declaration. TNflllt: For.caallnl We note that Baseline land usc was appf9't1cd 11)2011. but the projeot completion year is not mentioned. Please clarify the eXBot data inc1uded in the Trip Generation table baseline on Page 145 of tho Initial S1udYt hlcluding whethel' the ''recently approved" lund uses were completed and operational. The generated trips resultlng: from the proposed ptdject plus trips.WIder 2035 cumul.a.tive condition$ Bhould be listed un.der 2035 + Project Conditions, We lw:commend the report inolude 1) the existing year and blamc Impact study under Extsting. Projoct Only. 2035 ~umulBtlve, nnd 2035 Cumldative + Project Conditions. 'bqJJIc I",pact Stlltip (rIS) Please evaluote the proposed project's impBot& on state transportation ihoilities, specifically to US 101. The criteria listed below should be used in determining if a TIS is nee4ed. Any TIS should provide a thorough analysis of multi-modal travel demand generated by the proposed /lPro~'JtII Q 8qfi, swminobfb, tlltd8WJldti amt lJjflolpl1llmmpur/a/l1Jl1 .!,'/(I11J ,p ,,,ltUIIW On/tfomla '6 "IIOIlO/tJ)' mril ItWlbttlty II EXHIBIT 12 STATE OF CALIFORNIA GOVERNOR'S OfFICE of PLANNING AND RESEARCH STATE CLEARINGHOUSE AND PLANNING UNIT EDMUND G. BROWN JR. KEN ALEX DrImcroR GOVERNOR July 301 2015 Sean Kennings City of San Rafael P.O. Box 15160 1400 Fifth Avenue. San R€lfael, CA 94915-1560 ~.: I1ECEIVED ~L: . ~:~ AUG ·2015 ;: PU\NNING ....... Subject: San Rafael Corporate Center: 755 Lindaro St and 788 Lincoln Ave. San Rafael, CA SCRif:: 2015062086 Dear Sean Kennings: The State Clearinghouse submitted the above named Mitigated Negative DeclaraJiOl1 to selected state agencies for review. On the enclosed Document Details Report note that the Cleadnghouse has Jisted the state agencies that reviewed youi' document. The review period closed on July 29,2015) and the comments from the responding ageilcy (ies) is (are) enclosed. If this comment package is not in ordefl please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly. Please note t~lat Section 21104(c} of the Califoinia Public Resources Code states that: LOA responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carded out or approved by the agency. Those comments shall be supported by specific documentation." These comments 1l1'e forwm'ded for use in preparing your final environmental document. Should you.need more infonnation or clarification' of the enclosed comments, we recommend that YOll contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghollse review requirements for draft environmental documents\ pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions regarding the envil'Onmental review process. Sincerely ~ .. /? ¥~fr''- Scott Morgan Dil'ectol'. State Clearinghouse Enclosures cc: Resources Agency 1400 10th Stt'eet P.O. Box 3044 Sacram,entol California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov EXHIBIT 12 Document Details Report State Clearinghouse Data Base SCH# 2015062006 Project Title Lead Agency Type Description San Rafael Corporate Center: 755 Lindaro St and 788 Lincoln Ave. San Rafael, CA San Rafael, City of MND Mitigated Negative Declaration The proposed project Is the development of a new office facility on Parcel 1 (755 Undaro St) of the existing San Rafael Corporate Center (SRCC) campus and a Phase 2 extension is proposed to the entl1led and under construction Lincoln Parking Garage on Parcel 8 of the SRCC at 788 Lincoln Ave. The project includes a four-story. 72,400 sf oftice building (known as 755 Lindaro St) with related office and support spaces. The Lincoln Parking Garage Phase 2 would develop approximately 257 structured parking stalls In a 6 level addition to the currently under construction 6 level parkIng structure and 43 on grade parking spaces. Lead Agency Contact -Name Sean Kennlngs Agency City of San Rafael P}}one 4155332111 Fax email Address P.O. Box 15160 1400 Fifth Avenue City San Rafael Slate CA Zip 94915-1560' Project Location county Marin City San Rafael 3]0 581 1111 N /1220 31'36" W Region Lat/Long Cross Streets Second St and Anderson Dr. from Lincoln Ave 10 Llndaro'St Parcel No. 013-031-38 J 39, 013-021-50-53, 55 Township iN Range 6W Section 4 Proximity to: Highways US 101 Airports Railways Waterways Schools Land Use Sonoma~Marin Area RT Mahon Creek (San Rafael Creek) Davidson MS, Short ES . Parking Lot Areas / Planned Development 1901 / Llndaro Office District Base MDB&M Project Issues Aesthetlc/visual; Air Quality; Archaeologic-Hlstoric; Flood Plain/Flooding: Geologic/Seismic; Noise; Public Services; Traffic/Circulation; Water Quality: Landuse Reviewing . Resources Agency; Department of Fish and Wildlife, Region 3; Department of Parks and Recreation; Agencies Department of Water Resources; California Highway Patrol; Caltrans, District 4; Air Resources Board; Regional Water Quality Control Board, Region 2; Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities Commission Date ReceIved 06/30/2015 Start of Review 06/30/2015 End. of Review 07/29/2015 RECEIVED 87/22/2a15 16:16 14154853184 Jul 22 2015 3t48PN HP LASERJET FAX EXHIBIT 12 Mr. Sean K.enningslCity of San .Rafael July 22. 2015 Page 2 CITYOFSANRAFAELBLDG p.2 development, and offho vehicle miles traveled l'eduotloos that could be achieved thL'Ollgh the various travel domand management measures it may incorpOl'ate. If it is found that a lIS is not reqnired, please provide a verifiable explanation for this fmding. 1. The project would generate ovel' 100 peak hour trIps ufidgned to a .tate higltway facility. 2. The projec.t would genei'ate 50 to 100 peak hour trips 89signed to a stam highway faciHty t and the affected highway fo.eiUties are experiencing noticeable delay; approaohing unstable traffic flow (level of service (LOS) "Cft or '·D") conditions. ~. The projBct would generate 1 to 49 peak hour trips 8S1Ji,gned to a state hlghway facility, and the affeoted highway facilities are experiencing signlficontdelay: unstable or·furced tro.ffi.e flow (LOS uEu 01' "F") conditions. We reoommend using the Caitrans GIIlde for the Prepal'ation ojTl'qffic ImpQClSIUdies for detenninlng whlch scenarioy and mcthodologlcs to use in the analysis. It 1& ava:llt'lblo at the follow.log webpage: http://dm.ctl.gov/hg/tpp!offices/ocpliSf_cegA fiL6s/tisguide.pdf. Jleldele TrIp Reductlo,,' CrutJ.'8nS el\courages you to looate any needed p:t'ojec1-relotcd ~ervices. near ml\ior masH tl'ansit centepJ, with connecting streets oonflgul'cd to facilitate watklng a:nd blldng, as 8 means of promoting:mass u'81lslt use, &ltd reducinfi refiional VMT and traffic hnpElots tD the SHS. In panlcu1ru6 , i1npl'ovlng hCEldways on ncarby Golden Gate Transit Unes should be considered in order to l'educe vehicle 11'lps gonert'lteci by the project. Caln'ans also enoouraaes the City to develop mid 888~SS the benefits of specifio Travel Demand Management measures that promote walking, bicycling and ttUlSit to reduce oongestion on State ffl~ilitiesl These mCa"ll1"05 could inolude lower parking rati6s, car-sharIng p1'Ogt'aruS, bicycle parking and ShO\wfS for employees, and ptOvidillg ttftllsit P09S0S to elnployees, among others_ Please fcel free to call or omail Greg Curt'ey at (510) 286-5623 or gregory.currey@dot.cft.goV with any questions regarding this letter. . Sincerely. PA TRlCIA MAURICE Bl'anoh Chief Local Development .• Intergovernmental Review "Ptovtda Q liqfo, 1I1/#taIJlnbff.l. '"tegrolful mid tdJl(Jittllt tra,updna/ihh 1I)'.t/'HlIcI tnht:nc/J Cnl;fol'nio.,/!GOOt.om)'ntJd IfwrZ,tIII)'H Print https:llus-mgS.mail.yahoo.com/neo/iaunch#mail Subject: RE: BioMarin -SRCC: 755 Lindaro Street From: Dunlap, Jim (JADa@pge.com) To: sean@lakassociates.com; Date: Thursday, August 13, 2015 1 :58 PM Hello Sean, As a follow up to my email yesterday regarding BioMarin's fOlmal planning application, my only comment to the San Rafael Corporate Center Initial Study/Mitigated Negative Declaration follows; Page 2, Building D~sign, 755 Lindaro Building, 1st paragraph "the building has been designed to maintain adequate separation (40-foot minimum) between the building and the overhead distribution lines connecting to the PG&E substation". This configuration would have created a 65+/-foot encroachment into PG&E's electric transmission easement and was not allowed. It appears that that BioMarin redesigned their building to be completely outside of our easement which is approximately liS-feet between the building and the overhead transmission lines. Figure 2 Vicinity Map shows the old building footprint with the encroachment All surface, subsurface and landscaping improvements on Parcell within PG&E's electric transmission must be approved by PG&E. Thank you for the this opportunity to review this proposal. Jim Dunlap Land Agent Land Rights Services - N 011h Coast 707-577-7257 Print h ttps:1 lus-mg5 .mail. yah 00. C orn/neo/laun ch#mai I 2of3 E.J<-\-\\BlT \1 From: Sean Kennings [rnailto:sean@lakassociates.com] Sent: Wednesday, August 12,20152:41 PM To: Dunlap, Jim Snbject: BioMarin -SRCC: 755 Lindaro Street Jim- Per your request, please find the a link to the City of San Rafael website for the 755 Lindaro Street project. http://www.cityofsam·afael.org/conlllldev-planning-proi-biolnari111 The file I have on hand is too big for me to email you. You should be able to navigate to the April 2015 planning application (at the bOttOlTI of the page) to see the survey and easement sheets from the submittal. Please let me know if you have questions or comments. Thanks - Sean (FYI - I started typing your address and it autopopulated - I did some work for PG&E in Danville a couple of years ago - I wonder if we connected then) Sean Kennings planning consu1tant please note our new address LAK Associates, LLC PO Box 7043 Corte Madera, CA 94976 8/13/20152:03 PM EXHIBIT 12 Alny Likover Mayl To sean@lakassociates.com CC esther.beirne@cityofsanrafae1.org bod@gerstlepark.com Gerstle Park' Neighborhood Association PO Box 150644, San Rafael, CA 94915-0644 www.gerstlepark.com To: Sean Kennings, The Community Development Department, City of San Rafael Re: BioMarin SRCC development plan, 755 Lindaro st. and 788 Lincoln Parking Garage Phase II Cc: Gerstle Park Neighborhood Assqciation (GPNA) Board, Esther Beirne, City Clerk Thank you for including our neighborhood association in the culling of city- wide input on this important proposal. Please tell me why this submittal requires Planned Development Re-zoning. Below is a list of comments from GPNA members for your consideration: 1. There is much concern about yet another big block building at BioMarin: "Too big," IIWhy does BioMarin need another building?," "It will alter the sight lines from the Lofts," "O ur city is starting to look like an industrial park," "Businesses fail, and if BioMarin moves out, the City is stuck with another big empty structure." 2. There is concern that City Council Resolution #13275 (Master Use Permits UP97-10 and UP97-10b)/ that guarantees public meeting access to SR Corporate Center/ along with parking might be jeopardized. 3. -rhere was a question about the archway entrance to the west parking lot, and egress from Anderson: "there is the perception that th"e public is no longer welcome to park here in the evenings" 4. There was the suggestion that the area west of parking structure extension under consideration be landscaped with native species since it borders Mahon Creek. EXHIBIT 12 5. There was the suggestion that a public access path through the campus be extended along Mahon Creek where the parking lot is under construction. A porous surface might work there in case of flooding. 6. There was the suggestion that a portion of the extended garage be set aside for public parking. This is extremely important given the needs of SMART commuters. 7. One commentator indicated he had no objections. Yours truly, Amy Likover GPNA President EXHIBIT 12 ~:)?H :;sTAINABiESanRafael"org San Rafael Community Development Department 1400 Fifth Avenue San Rafaet CA 94901 May 1, 2015 RE= BioMarin Lindaro Street Office and Lincoln Avenue Phase 2 Parking Garage Dear Planners, According to its April 8 planning application, BioMarin is proposing to exceed the established development capacity of the Corporate Center campus by 72 /396 square feet of offices and 182 cars. Although there may be economic benefits to this proposal, the City must condition any such significant additional entitlements on measures that reduce the impact of the new development and assure its positive contribution to the surrounding area. These measures include; Reducing area traffic impacts through a proactive employee transit program incentivizing all campus employees to arrive via bus and train, for example by providing free transit passes. Consolidating area-wide parking demand (and offsetting the costs of employee transit benefits) by providing for public parking in the newly combined parking structures, for example by setting aside the 100 ground floor spaces for paid public use. With such a commitment in place, the City could expand the downtown parking district throughout the Station Area, reducing traffic, improving site designs, and enhancing street level retail and pedestrian activity in accordance with the Downtown Station Area Plan. SUPllorting workforce housing to further reduce commuter impacts, for example by contributing substantially more than required to the City's affordable housing fund and/or by assisting the construction of nearby affordable housing developments. Providing adequate visitor p-arking to support the public meeting room uses required by the original Corporate Center approval, for example by dedicating the surface parking east of Lincoln and at Lindaro and Andersen for visitor use. Continuation and formalization of the evening us~ of the Andersen surface parking for Albert Park patrons should also be required. Completing the Mahon Creek greenway between Lincoln and Second Street [at Tamalpais), extending the public amenity and access previously required and established north of the creek between Lincoln and Lindaro and helping humanize the east walls of the garages. The plans appear to misrepresent the property line in this area and omit any landscape treatment of the 'top of bank' setback zone that seems ideal for native plantings and a simple pathway. We encourage both the City and its new anchor corporate citizen to (think outside the box' to elegantly integrate this huge additional development into the fabric of downtown San Rafael. Sincerely) William Cmney) President, Sustainable San Rafael Jun 1 To: Raffi Boloyan CC: <sean@lakassociates.com> Thanks Raffi, I hope you are feeling better. I actually asked Sean before I asked you. Similar answer. No problem I got a copy. EXHIBIT 12 I don't know what it means for a project to be IIcon tinued to date certain. It 1 do think it1s inconceivable that you think people who took the original flyer donTt think you have left the boards there in error since that meeting is already over. That's what I thought and that1s what the newspaper people thought too. I gue.ss we are all VERY stupid, huh? NOTHING leads me to believe this is a different flyer than the one I got out of my car to take, a few weeks ago. It might be "nice" to let people know this is an updated flyer. This one also has a typo in it. NEXT: Now I want to know how the toxins under the asphalt of the parking lot are going to be taken care of. Can you tell me who can get me that info? Lori On Jun 1,2015, at 2:16 PM, Raffi Boloyan <RaffLBoloyan@cityofsanrafael.org> wrote: I believe you are asking about the Master Use Permit, which is the city approval that memorialized the meeting room for the community and the after hours parking You are more than welcome to review thee planning files for the Bio Marin project at any time during open planning counter hours, which is M and Th from 8:30 to 5:00 or T, Wed and Friis from 8:30 to 12:45 If you want us to go through the files and find those for you, r will need to know and assign it to someone to do the file research the find the document you are asking about. It may take up to a week for us to gt to it. live copied he EXHIBIT 12 project plannerJ Sean Kennings, and if you want a copy of the Master Use Permit, you can let him know and he can go through the files and pullout a copy for you and leave it at will call. like I said, it can take up to a week if you want us to do the work The BioMarin project was continued to date certain, therefore} mailing of public notice is not required and thus was not mailed out. The notice boards installed at the site were updated with the continued meeting date of June 16th Thank you Raffi Boloyan -----Original Message----- From: Lori [mailto:LorLSch@att.net] Sent: Wed 5/27/2015 12:23 PM To: Raffi Boloyan Subject: Fair lsaac/BioMarin Can you please point me to the documents that discuss the free parking and meeting rooms that Linda Bellatore and I negotiated for as part of the Fair Isaac or Corporate Center buildings. I believe these were negotiated for a height bonus. I probably didn1t ask this properly so I hope you understand what I am looking for. In addition, I was wondering if you have sent out notices for the June 16th meeting? Lori Schifrin Lori May 27 To: Sean Kennings Thanks Sean. I think I have it covered. Lori On May 271 2015, at 5:13 PM, Sean Kennings <sean@lakassociates.com> wrote: EXHIBIT 12 Lori - I need to s'peak with staff - I imagine it requires copying the original and whatever fee might be required. If you go to the Counter -ask to look at the original Master'Use Permit for the SRCC. Sean Sean Kennings LAK Associates 3030 Bridgeway Blvd, Suite 103 Sausalito, CA 94964 {415} 533-2111 On May 27,2015, at 4:23 PM, Lori <LorLSch@att.net> wrote: That would be great if you could get me a copy. How long do you think that would take? Also, if I go to the counter, what exactly do I ask for? Lori On May 27, 2015, at 2:40 PM, Sean Kennings <sean@lakassociates.com> wrote: Hi Lori- Unfortunately - I do not have electronic copies of the original Master Plan for the SRCC. I do know the project files at the City have copies -and I imagine you can go to the counter and request to look at the file. In the meantime, I can inquire about how we can get you your own copy. EXHIBIT 12 Thank you, Sean -----Original Message----- From: Lori [mailto:LorLSch@att.net] Sent: WednesdaYI May 27/ 2015 2:2~ PM To: sean@lakassociates.com Subject: Previous height bonus' Hi Sean l Can you please send me the documents regarding the height bonus and subsequent free parking and meeting rooms for the current buildings? Many thanks l Lori Schifrin To Paul Jensen] Nancy Mackie] Gary Phillips, Kate .Colin] Raffi Boloyan] sean@lakassociates.com I am curious who actually writes and approves these notices of Public Meetings? This one, which you can find at the 2 entrances to the parking lot on the corner of Lindaro and Anderson says: "PROJECT: 755 Lindaro St (Bio Marin at San Rafael Corporate Center -SRCC) -Request for Environmental and Design Review Permit review of a 48 ft. -tall, 4 story, 72,396 sq ft office building on Parcel I of the SRCC and a Phase II, 6-story expansion of the recently approved 6 story parking, structure at 788 Lincoln to accommodate ..... " EXHIBIT 12 By this statement one is supposed to know that the area you are speaking of is the corner of Lindaro and Anderson l right? . I was invited to a meeting to speak about this tonight so I decided to look thru the document cited below dated April 2015. The ONLY page I read was page 6. I could read no further as my blood pressure was about to go through the roof. Here's what I found: "BUILDING HEIGHT The proposed office building is located within the Lindaro Office District and has a mandated building height of limit of 54 feet for the primary structure . . . . The design also includes rooftop mechanical equipment housed in tower structures and roof screens. The midpoint of the highest tower roof expands approximately 13 feet above the 54' heigh limit. PLEASE NOTE THIS IS NOW 67 FEET FOR A STRUCTURE THAT SAYS IT WILL BE 48 FEET TALL IN THE 3 SENTENCE PUBLIC MEETING NOTICE. In addition, there is no excuse for why I didn't receive a copy of the planning application dated April 8th nor the meeting notice that you say was sent out on May 1st. I can't imagine what other inconsistencies I am going to find if I decide to look this over. Oh wait, that's not my job. I would appreciate hearing back from all of you, if you have a moment. Lori Schifrin On May 13, 2015, at 7:25 AM, Raffi Boloyan <Raffi.Boloyan@cityofsanrafael.org> wrote: Thank you for your email In response to your questions/comments, see below in red Raffi Boloyan CITY OF SAN RAFAEL Planning Manager COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION P.O. BOX 151560 SAN RAFAEL, CA 94915-151560 TEL: (415) 485-3095 FAX: (415) 485-3184 From: Lori [mailto:LorLSch@att.net] Sent: Tuesday, May 12, 2015 12:34 PM To: Raffi Boloyan; Nancy Mackie Cc: Paul Jensen Subject: BioMarin -City of San Rafael EXHIBIT 12 I am curious why the link at the bottom of the page which says BioMarin Formal Planning application plans -April 2015, is not working. Please explain. I cannot explain, as when I tried to click that link, a new window showing the project plans open up. So, it works for me. As you are probably aware, putting plans on line can be difficult, as plan files can be larger than just text, so depending on your internet co'nnection, network traffic, etc there may have been a lag or it may take some time to load. There could also be an array of issues with personal computers, so there are many variables for which I cannot explain why it didn't work for you and your machine. The plans are posted and the plans open up with I click the link Also, how do I find out if these buildings are planned on areas where the contaminants were removed or covered/enclosed? i am not clear exactly on what you mean by that question. The site remediation was all addressed, evaluated as part of the original EIR for the corporate center project and the remediation work was done as part of the original development of the campus. So, that sort of information on what was done would be in the prior EIR. I would suggest that if you have project specific question, you contact the project planner assigned to the case and provide more info to them as to what you are specifically looking for. Sean Kennings} whom I have copied on this email} is the contract planner and his information can be found on the web site for this project that you referenced above. He can answer the question or point you to the resources that you may want to read in order to find the answers EXHIBIT 12 In addition, Raffi, could you please tell me why I have received NOTHING from San Rafael regarding BioMarin since the September of 2014 notice? The reason you have received NOTHING since September 2014 is that there has been NO public hearing or meeting since that time. A meeting on this project was recently scheduled and is going to occur on May 19, 2015. A public notice for this upcoming meeting was mailed out on Friday, May l st to over 353 persons/groups on our mailing list. In addition, the site was posted with 2 public hearing signs and the matter will be put on the ORB agenda that will be posted the Friday before the meeting and the project web site was updated in later April to include the upcoming ORB meeting date The public hearing notice was mailed out in accordance with our notification procedures, which includes mailing to property owners, residents and businesses within 300 feet of the site, as well as the neighborhood or business associations within 300 feet or immediately surrounding neighborhood associations/business groups. In addition, he mailing list included those people who have previously spoken at a hearing or asked to be added to the mailing list. So} in addition to the property owners, residents, tenants within 300 feet of the site, the list of those other entities that received notice included Chamber of Commerce, Downtown BID, and the following neighborhood associations (Montecito are Residents Assn, Fairhills, Gerstle Park, Bret Harte Community Assn and the SR Federation). Lastly, there were 4 people who had previously spoken at the ORB meeting (one of which was you) that had been added to our mailing list and were sent a notice So} in reviewing the mailing list that was sent for the September 14, 2014 ORB meeting as well as this upcoming 5/19 ORB meeting, your name was listed on there, with the address you provided ........ So notice was mailed to you on Friday, May 1st Lastly, I think you were aware of this upcoming ORB meeting s'ince just last week you notified the project planner that the notice handouts in the public hearing notice board were out. Again, the point of the notification boards being posted on a site is to notify the greater public outside the 300 feet and once again, that worked since you became aware of the project in that manner Thank you for your comments Thank you, Lori Schifrin http://www.cityofsanrafael.org/commdev-planning-proj-biomarin EXHIBIT 12 On May 19, 2015, the Design Review Board will be reviewing the formal Design Review Permit application. Please visit www.cityofsanrafael.org/meetings and click on the May 19, 2015 DRB agenda on to view the staff report (it will be available and posted by Friday May 15th, after 12pm). Additional DRB meetings (potentially) and Planning Commlsison and City Council hearings will follow this scheduled DRB meeting at a later date Key Planning Documents: BioMarin Preliminary Planning Application and Conceptual Design Review -September 2014 BioMarin Formal Planning Application plans -April 2015 San Rafael Planning Commission 1400 Fifth Avenue San Rafael, CA 94901 August 17,2015 RE: BioMarin New Office and Garage Proposal and CEQA Document Dear Commissioners, According to its Project Summary, BioMarin is proposing to exceed the established development entitlement for the Corporate Center campus by 72,396 square feet of offices and 182 cars. Although there may be economic benefits to this proposal, the City should condition any such significant additional entitlements on measures that reduce the impact of the new development and assure its positive contribution to the surrounding area. These measures include: Reducing area traffic impc.tG1s. through a proactive employee transit program incentivizing all campus employees to arrive via bus and train, for example by providing free transit passes. Consolidating area-wide parking demand (and offsetting the costs of employee transit benefits) by providing for public parking in the newly combined parking structures, for example by setting aside the 100 ground floor spaces for paid public use. With such a commitment in place, the City could expand the downtown parking district throughout the Station Area, reducing traffic, improving site designs, and enhancing street level retail and pedestrian activity in accordance with the Downtown Station Area Plan. Supporting workforce housing to further reduce commuter impacts, for example by contributing substantially more than required to the Citys affordable. housing fund and/or by assisting the construction of nearby affordable housing developments. Providing adequate visitor parking to support the public meeting room uses required by the original Corporate Center approval, for example by dedicating the surface parking east of Lincoln and at Lindarb and Andersen for visitor use. Continuation and formalization of the evening use of the Andersen surface parking for Albert Park patrons should also be required. Completing the Mahon Creek greenway between Lincoln and Second Street (at Tamalpais), extending the public amenity and access previously required and established north of the creek between Lincoln and Lindaro and helping humanize the east walls of the garages. The plans appear to misrepresent the property line in this area and omit any landscape treatment of the 'top of bank' setback zone that seems ideal for native plantings and a simple pathway. We encourage both the City and its new anchor corporate citizen to 'think outside the box' to elegantly integrate this huge additional development into the fabric of downtown San Rafael. Sincerely, William Catlley, President, Sustainable San Rafael \