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HomeMy WebLinkAboutCD Corporate CenterAgenda Item No: 4b.
Meeting Date: December 5, 2011
NEWS 1%11 will 1111 WO V 11, 11i iii t I
Department: Community Development Department
Opdzzz f)
Prepared by: Paul A. Jensen, Director
City Manager Approvals/ ,' t
SUBJECT: 750-790 Lindaro Street & 781-791 Lincoln Ave (San Rafael Corporate Center) —
Request(s) for amendments to the approved Planned Development (PD -1754) zoning district, Master Use
Permit and Development Agreement for the San Rafael Corporate Center to: a) expand the allowable
uses to include medical use (up to 68,068 square -foot portion of the approved complex), as well as
research and development use; and b) a approve a reduction in the required parking for the medical use
component (5-6% reduction for the office park complex); APN: 013-021-34, 35, 50, 51, 52, 53, 54, & 55;
Planned Development (PD -1754) District; SR Corporate Center Phase 1, LLC, owner/applicant; File No(s):
ZC11-002; UP11-003; DA11-001.
Staff recommends that the City Council introduce the attached, draft resolutions and ordinances
(Attachments 1-4) approving the amendments to the Planned Development District (PD -1754 District)
zoning, Master Use Permit and Development Agreement for the San Rafael Corporate Center.
Background
The San Rafael Corporate Center site encompasses 15.54 -acres of level land located south of Second
Street in Downtown San Rafael, The property is bordered by Second Street (major arterial) to the north,
Mahon Creek to the east and south, and Andersen Drive to the south. 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 east of Lincoln Avenue. The 15.54 -acre site has a long history of former ownership by the PG &
E Company (central and western parcels) and 'the City of San Rafael (eastern parcel). The central and
western parcels are subject to a deed restriction, which prohibits residential and child care land uses.
In 1998, the City approved a master/development plan (Planned Development [PD -1754] District) for the
15.5 -acre site, which permitted the development of an office park for Fair, Isaac & Company, Inc. (now
San Rafael Corporate Center). The office park is approved for the development of five, 3 -4 -story office
buildings on the central parcel (PD -1754 District zoning permits up to 406,000 square feet of office use
sited between Lincoln Avenue and Lindaro Streets) and supportive surface and structured parking (total
of 1,323 parking spaces) on the western and eastern parcels. Land use and planning approvals for the
office park included: a) establishment of a Planned Development zoning district (PD1754 District) solely
applying to the 15.54 -acre office park; b) a Master Use Permit; c) an Environmental and Design Review
Permit approving the project layout, design and architecture; d) a Tentative Map authorizing division of
File No.: f
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
the land to create a separate parcel for each office building; and e) a Development Agreement. The
planning approvals were initially structured for office park occupancy by Fair, Isaac & Company. Inc, as o
single tenant. However, the approvals allowed for multiple -tenancy with administrative and general office
use only.
The City's approval of the San Rafael Corporate Canter included the acceptance and approval of public
benefits inexchange for aheight bonus for several ofthe office buildings. One ofthe public benefits ie
the provision for e publicly -accessible park and path along the southern edge of the office campus
abutting Mahon Creek. This area, which ispartially secured byafence and gata, is required to be open
daily tnthe public from dawn to dusk.
To date, the first two phases of the San Rafael Corporate Center office park have been built (Office
Buildings A. B. C & D totaling 314.000 square feet, the western parking structure and surface parking
totaling 7U7parking apaoeo). The remaining phase nfdevelopment that has yet tobeconstructed isone
office building (Building E. 82.000 square feet sited for the corner ofSecond Street and Lincoln Avenue)
and the eastern parking structure (on the eastern parcel - former Corporation Yard site, total of 618
parking structure spaces) All planning permits and discretionary approvals have been secured for
Building E; hovvever, the eastern parking structure has received preliminary design approval only. The
final design of this parking structure must be reviewed and recommended for approval by the Design
Review Board.
At present, the eastern parcel is striped and used for 220 interim, surface parking spaces for the office
pork. The interim parking plan approved for the eastern parcel is designed to accommodate an additional
112 surface parking spaces (total of 332 spaces). These parking spaces will remain to serve the office
park until construction commences on the eastern parking structure. These interim parking spaces
combined with the permanent parking spaces on the western and central parcel (707 spaces) total 1.039
spaces on the office park campus. This parking can accommodate 9096 occupancy of the currently
developed buildings (Buildings A. B. C & D). An interim valet parking program will need to be
implemented when the 90Y6 occupancy has been reached and during the construction of the eastern
parking structure.
Additional details on the property setting, history and office park approvals are provided in the attached
October 25.2O11 Planning Commission staff report (Attachment 8.staff report pages 2-3).
Project Description
The project proposes to introduce medical and research and development uses to the mix of allowable
office uses for the San Rafael Corporate Center. The expanded uses are described as follows:
Medical Use. Medical use isdefined aomedical office, clinic ormedical laboratory (daytime, testing
services for patients/visitors). Atoba| of 68,068 square feet ofmedical use is proposed as an
eUowance, meaning that of the total 401,000 square feet of office park area currently approved for
general and administrative office use, upho68.0G8 square feet could be used for medical use. The
modification proposes that the medical use allowance begenerally applied tothe office park and
that it not be approved for any one building or concentrated in any one area of the park site.
2. Research and DevelgpMent. Rasaonoh and Development use is defined as use engaged in
sciendfio, 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 useMedical laboratories established for research (as
opposed to labs providing testing services for patients/visitors) would be considered a research and
development use.
The project proposes no physical changes to the approved San Rafael Corporate Center office park, No
changes one proposed to the approved site p|an, architecture, building layout or final construction
phasing.
The proposol includes a parking reduction request for the medical use component, The research and
development use component shares the same City -adopted parking requirement as the currently
approved general and administrative office use (3.3 parking apaces/1000 gross square feet ofbuilding
area). However, the parking reduction for medical use proposes application of the 8.3 parking space per
SAN RAFA0JLCITY COUNCIL AGENDA REPORT /Paee: 3
1.00 gross building square foot standard, which is the parking ratio that is currently required and
approved for multiple -tenant, general and administrative office use at this site. For medical use, the San
Rafael Municipal Code requires m higher parking standard of 4.4 parking spaces per 1.000 gross building
square feet. The proposed general use of the 3.3 space/1000 square -foot parking rate would result in a
parking reduction of 5-6% from that required under the City code for the entire office park complex. The
details of the parking reduction and o table presenting the pa/king calculations are presented in the
attached, October 25.2U11 Planning Commission staff report (Attachment 6, staff report pages 4 and 5).
The project requires an amendment to the adopted Planned Development (PD'1754) Dietriot, an
amendment to the Master Use Permit and an amendment to the executed Development Agreement,
Planning Commission Review
On October 25, 2011. the Planning Commission conducted o public hearing on the proposed project.
The proposed addition of the medical and research and development land uses and the parking reduction
were supported bythe Planning Commission. The public hearing and Commission discussion focused on
the following topic areas:
Public access to the southern portion of the office campus (abutting Mahon Creek). As noted
above and as described in the attached Planning Commission obeff report, the San Rafael
Corporate Center is required to provide and maintain public access to the pedestrian path and
landscaped area along the south side of the campus. abutting Mahon Creek, This access is
provided at various pointe including one access from Lindovo Street and one access from Lincoln
Avenue. At these two access points, the entrance to this area is fenced (open wrought iron fence
and gate) which was required for security by Fair, Isaac & Company. The fence and gate were
allowed with the condition that the gates be opened daily from dawn to dusk to allow for public
access. A sign is posted adjacent to the gate specifying the public access hours. This
requirement and these measures were incorporated into the Master Use Permit (see Attachment
3.page 3-5and 3-8.Condition 4)
As part of the Planning Commission public heahng. U was reported that the access gate at the
Lindaro Street entrance has been regularly locked during the daytime, which is in violation of the
required approvals for eooeoa In oddition, a second sign has been posted noting "private
property," which is perceived to be in conflict with the park access sign. The property owner
reported that there has been a problem with loitering in this area by the homeless and the gate
was locked atthe recommendation ofthe Police Department. The property owner has agreed to
maintain the daytime access as required by the approvals. No modifications are required to the
City approvals to address this concern. As the Maaba/ Use Permit conditions specifically require
that the area be accessible to the public from dawn to dusk, the issue is one of enforcement
rather than the need to modify permit conditions. Regarding the "private property" sign, the
property owners have indicated that posting such a sign is required to protect their liability as the
land area is privately -owned and maintained. This siQn, along with the existing sign that displays
the public access hours presents a mixed message To address this insue, it has been
recommended to the property owner that one sign be made and posted that combines both
messages.
Public use of parking on the western parcel. The terms ofthe Development Agreement require
that the property owner make the western parcel (surface parking) available for public use during
the evenings on Monday through Friday and during all hours on Saturday and Sunday. At
preeent, there is no signage on the western parcel that confirms the public use hours. The
Planning Commission recommended that a sign be posted at the entrance points to the western
parcel stating the public parking hours. This recommendation has been incorporated into the
draft amendments tothe Development Agreement (Attachment 4). |naddition, the provisions for
public use have been added tothe Master Use Permit (Attachment 3.page 3-7.condition G).
On 5-O'2vote (Commissioners Lang and Pick absent), the Planning Commission adopted Resolutions
11-12 through 11'15, recommending to the City Council the adoption of the Negative Declaration and
approval of the planning applications. The Planning Commission action incorporated the
recommendations summarized above. A copy of the Planning Commission meeting (action) minutes is
attached (Attachment 5),
SAN RAFAEL CITY COUNCIL AGENDA REPORT /Pm2e; 4
ANALYSIS:
Relationship hoSan Rafael General Plan 2O20and Zoning
The proposal to introduce medical and research and development land uses to the office park would be
consistent with the San Rafael General Plan 2020 goals and policies that are pertinent to the subject
property. As proposed an as amended, these land uses would be consistent with the PD -1754 District
zoning and the pertinent provisions of Title 19 (Zoning) of the San Rafael Municipal Code (SRK8C), A
complete description and analysis of the project's relationship with the General Plan and zoning
provisions isprovided inthe attached, October 25.2011 Planning Commission staff report (Attachment G.
staff report pages 5-7).
Parking Reduction
Areduction tothe City's parking requirements isauthorized bySRKAC Section 14.18.040B. Aparking
reduction is administered through a Use Permit and must be reviewed and supported bythe City Traffic
Engineer. As Master Use Permit is approved for the office oampue, the parking reduction would be
incorporated into this approved permit. The parking reduction has been studied and is supported by the
City Traffic Engineer. As described on page 7 of the attached. October 25, 2011 Planning Commission
staff report (Attachment 6, staff report page 7). the City Traffic Engineer supports the reduction for the
following reasons: a) the application of 3.3 space/1.008 square foot parking standard for the medical
use would be consistent with the parking standard recommended for this type of land use by the Institute
of Transportation Engineers (ITE); b) the reduction amount is modest (5-096); and o) the immediate
proximity to the 8ettini Transit Center and future SMART rail service reduces parking demand, which
supports lower parking standards. Further, the City Traffic Engineer concludes that the parking reduction
would not be in conflict with evening and weekend public use of the parking on the western parcel in that
the peak parking use periods for medical use are during the weekdays.
Environmental Review
The proposed addition of medical and research and development land uses to the office park requires an
amendment to the Planned Development (PD -1754) District and Development Agreement, which are
subject to environmental review. Per California Environmental Quality Act (CEOA) Guidelines Sections
15083 (initial Study). an Initial Study has been prepared finding that the project will not result in any
potentially significant environmental impacts. Adoption of a Negative Declaration is recommended.
Consistent with CEC}AGuideiinos Section 15073. the Initial Study/Negative Declaration was published in
October 2011 and o 20 -day public review period was observed. The City Council was provided a hand
copy nfthe Initial Study/Negative Declaration under separate cover.
A summary of the topic areas that were analyzed in the Initial Study is provided on pages 7-8 of the
attached Planning Commission staff report (Attachment G) Among the topic areas included inthe Initial
Study is traffic. A traffic study was completed finding that: a) research and development use would
generate the same amount of traffic as the currently approved administrative office use; and b) the
medical use component would generate up to 51 AM and 104 PM peak hour trips if the 68.068 square
foot use allowance isfully realized. While the increase in trips associated with the medical use would not
change the level or service (LC)8) conditions at |ona|, signalized intersections or arterial segmenta, this
use would be subject to payment of citywide traffic mitigation fees. The requirement to pay traffic
mitigation fees is included as a condition of approval in the Master Use Permit (Attachment 3).
NOTICING/CORRESPONDENCE:
ANotice nfPublic Hearing was mailed to all property owners and occupants within a4OO'fnotradius of
the subject site, numerous Homeowners Associations, and all other interested parties. 20 calendar days
prior to the date of all meetings, including this hearing. (Attachment 7) To dahe, no correspondence hes
been received,
FISCAL IMPACT:
The proposed project would have no fiscal impact on the City of San Rafael. The San Rafael Corporate
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
The City Council has the following options toconsider onthis matter:
1. Adopt the resolutions and ordinances aeprnpooed�
2. Continueactionforodditiona|infnnnadonandresponaotoCounoi|cornmenb;andoonoonna�or
3. Deny the proposed project,
|tisrecommended that the City Council:
i. Open the public hearing and accept public testimony onthe project;
2. Close the public hearing;
3. ReviewondoonsiderMhe|niUa|Study/NegativeDao|aradionandpnojectapp|ioations�and
4. Introduce the following asrecommended bythe Planning Commission:
a. Introduce aresolution adopting aNegative Declaration (Attachment 1);
b. Pass an ordinance to print adopting a Rezoning to amend the PD -1754 District (Attachment 2);
c. Introduce a resolution conditionally approving and amendment to the Master Use Permit
(Attachment 3); and
d. Pass an ordinance to print adopting an amendment to the San Rafael Corporate Center
Development Agreement (Attachment 4).
Vicinity/Site Map
im
EM
Attachment 1 - Draft resolution adopting eNegative Declaration 1-1 -1-3
Attachment 2 — Draft ordinance adopting an amendment to the PD -1754 District includes: 2-1-2-5
Exhibit (San Rafael Corporate Center Master Plan) and
Exhibit B(Legal Property Description)
Attachment 3 — Draft resolution approving an amendment to the Master Use Permit 3'1-3-8
Attachment 4 — Draft ordinance adopting an amendment to the approved Development 4-1-4-7
Agreement
Attachment 5—Planning Commission meeting minutes, October 25.2011
AttachmontS—P|anning Commission staff report, October 25, 2011 1-0
Attachment 7—Public Hearing notice and notification list
Initial Study/Negative Declaration distributed to City Council under separate cover
srcc.CCrpt 12-5-11
San Rafael Corporate Center (750-790 Lindaro Street and 781-791 Lincoln Avenue)
SCALE 1 :1,993
100 0 100 200 300
FEET
LI
Tuesday, October 18, 2011 12:43 PM
RESOLUTION NO. 13274
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
ADOPTING A NEGATIVE DECLARATION (IS11-002) PREPARED FOR
AMENDMENTS TO THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO
STREET AND 781-791 LINCOLN AVENUE) PLANNED DEVELOPMENT (PD -1754)
DISTRICT (ZCII-002), MASTER USE PERMIT (UP11-033) AND DEVELOPMENT
AGREEMENT (DA 11-001) TO EXPAND THE ALLOWABLE LAND USES TO
INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT, AND TO
SUPPORT APPROVAL OF A PARKING REDUCTION FOR THE MEDICAL USE
(APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, in 1998, the San Rafael City Council prepared and certified the Fair, Isaac
Final Environmental Impact Report (FEIR), which assessed the potential environmental impacts
for developing a multi -building office complex on the subject 15.54 -acre site; and
WHEREAS, following certification of the FEIR, the San Rafael City Council approved
planning applications for the development of the San Rafael Corporate Center on the 15.54 -acre
site. The project was approved for the development of five buildings (totaling 406,000 square
feet) for administrative and general office use, two parking structures, surface parking, campus
landscaping and publicly -accessible park area along Mahon Creek. The planning approvals for
the office park included the establishment of a Planned Development (PD -1721) zoning district
(later amended to PD -1754 District), a Master Use Permit, an Environmental and Design Review
Permit, a Tentative Map (subdividing the office buildings into individual parcels) and a
Development Agreement; and
WHEREAS, the 1998 City approval of the San Rafael Corporate Center was supported
by Findings of Facts and a Statement of Overriding Consideration as the FEIR determined that
this project would result in the following, unavoidable adverse traffic impacts to US 101 travel
through Central San Rafael:
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 were operating at capacity (LOS E%F); and
Northbound traffic during the PM peak along the US101 segment between 1-580 and
the Central San Rafael exit was operating at capacity (LOS E/F); and
WHEREAS, since the initial 1998 approval, the State of California Department of
Transportation (Caltrans) completed the US 101 Gap Closure Project, which resulted in freeway
widening and the introduction of a commuter IlOV lane through Central San Rafael. This project
improved the LOS conditions along the US 101 segments through Central San Rafael to
acceptable service levels; and
WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael
Corporatc Center Phase I LLC, property owner requesting 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 development use; and
WHEREAS, as required by the California Environmental Quality Act (CEQA)
Guidelines, staff determined that the proposal is defined as a `project,' making 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 reports (traffic study, parking assessment, greenhouse
gas emission assessment); and
WHEREAS, in preparing the Initial Study, the project was reviewed against impacts
identified and mitigation measures included in the certified Fair, Isaac Office Park Final
Environmental Impact Report (FEIR). The purpose of this review was to determine if the project
would result in: new significant impacts; an increase in the severity of impacts; or new or
expanded mitigation measures from those analyzed and determined in the 1998 FEIR; and
WHEREAS, as demonstrated in the preparation of an Initial 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 under the FEIR have changed, nor does the
proposed project result in any significant environmental impacts. Therefore, consistent with
CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a
Negative Declaration; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, on October 5, 2011, the
Initial Study,'Negative Declaration was published and made available for 20 -day public review
period; and
WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public
hearing to review and consider the Initial Study/Negative Declaration. On a 5-0-2 vote
(Commissioners Lang and Pick absent), the Planning Commission adopted Resolution No. 1 I-12
recommending to the City Council the adoption of a Negative Declaration; and
WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing
to review and consider the Initial Study/Negative Declaration and considered all oral and written
public testimony and the written report of the Community Development Department; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the Negative
Declaration (IS 11-002) prepared for the land use changes and parking reduction for the San
Rafael Corporate Center project based on the following findings:
I . The Initial Study/Negative 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.
1-2
The City Council has exercised its independent judgment in evaluating the Initial Study
and has considered the comments received during the public review period and public
hearing, as well as the recommendations of the Planning Commission. Based on this
review, the City Council has determined that the project will: a) not result in potentially
significant impacts for which mitigation measures are required; and b) result in either no
environmental impacts or impacts that are deemed to be less -than -significant.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on the 5`" day of December, 2011, by the 'following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENI: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
1-3
ORDINANCE NO. 1901
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE PLANNED
DEVELOPMENT (PD -1754) DISTRICT ADOPTED FOR THE SAN RAFAEL
CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN
AVENUE) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL
OFFICE AND RESEARCH AND DEVELOPMENT LAND USES
ZC 11-002
(APN 013-012-38 & 29; 013-021-41, 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 15.54 -acre site located south of Second Street in Downtown San
Rafael. The PD -1721 District established zoning and standards for development of the subject
property with five buildings (totaling 406,000 square feet), two parking structures, surface
parking, campus landscaping and publicly -accessible park area along Mahon Creek. The zoning
limits land use of the office park to administrative and general office use only; 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 multi -tenant use of the office park (San Rafael Corporate
Center). The amended Planned Development District (PD -1754) is currently in effect; and
WHEREAS, since 2000, much of the San Rafael Corporate Center office park campus
has been developed and largely occupied by administrative and professional office businesses.
To date, four of the five office buildings and one (western) parking structure have been built,
along with surface parking, campus landscaping and the publicly -accessible park area. When the
remaining phase of the office park is developed (one office building and one [eastern] parking
structure), the San Rafael Corporate Center will be built -out at 401,000 square feet; and
WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael
Corporate Center Phase I LLC, property owner, requesting an amendment to the Planned
Development (PD -1754) zoning district to expand the allowed land uses for the office park to
include medical use and research and development use defined as follows:
➢ Medical Use. Medical use is defined as medical office, clinic or medical laboratory
(daytime, testing services for patients/visitors). A total of 68,068 square feet of medical
use is proposed as an allowance, meaning that of the total 401,000 square feet of office
park area currently approved for general and administrative office use, up to 68,068
square feet could be used for medical use. The modification proposes that the medical
use allowance be generally applied to the office park and that it not be approved for any
one building or concentrated in any one area of the park site.
Research and Develop ent L se. Research and Development use is defined as a use
engaged in scientific, medical or technological research with limited product testing and
production. This use excludes full production industrial -type manufacturing and
generally operates similar to and characteristic of low -intensity, general office use.
Medical laboratories established for research (as opposed to labs providing testing
services for patients/visitors) would be considered a research and development use.
105
WHEREAS, the proposed amendment to the PD -1754 District includes a request to
modify the office park parking requirements included in the Master Plan (Exhibit A). The request
proposes a parking reduction to the City's parking requirements for medical use. While the San
Rafael Municipal Code requires a higher parking standard for medical use (4.4 parking spaces per
1,000 gross square feet of building area) than the standard established and adopted by the Master
Plan (3.3 parking spaces per 1,000 gross square feet for multi -tenant administrative and general
office use), the request proposes to maintain the currently adopted parking standard in the Master
Plan. The request would result in a maximum, potential parking reduction for the office park of
5-6%; and
WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public
hearing to review and consider the proposed amendment to the San Rafael Corporate Center
Planned Development (PD -1754) District (ZC11-002). On a 5-0 vote (Commissioners Lang and
Pick absent), the Planning Commission adopted Resolution No. 1 I-13 recommending to the City
Council the adoption of the amendment to PD -1754; and
WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing
to review the proposed amendment to the San Rafael Corporate Center Planned Development
District and considered all oral and written public testimony and the written report of the
Community Development Department; and
WHEREAS, by separate resolution, the City Council has recommended to the City
Council the adoption of a Negative Declaration (IS 11-002), which adequately addresses the
potential environmental impacts of the proposed amendment to the PD -1754 District; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts an
amendment to the San Rafael Corporate Center Planned Development (PD -1754) District based
on the following findings and subject to the amended Master Plan Land Use and Development
Standards presented in attached Exhibit A:
The amendment to the San Rafael Corporate Center PD -1754 District and accompanying
Master Plan (Exhibit A) to expand the allowable uses to include medical and research and
development uses would be consistent with the applicable goals and policies of the San
Rafael General Plan 2020, specifically:
a. As proposed, the medical and research and development land uses are consistent with
Land Use Element Policies LU -23 (Land Use Map and Categories), LU -10 (Planned
Development), LU -9 (Intensity of Nonresidential Development), LU -14 (Land Use
Compatibility) in that these uses would be: allowable under the adopted Lindaro
Office land use designation; compatible with the current land uses allowed under the
PD -1754 District adopted for this site; and compatible with existing land uses found
in the surrounding area.
b. As proposed, the medical and research and development land uses would be
consistent and not in conflict with Circulation Element Policies C-5 (Traffic Level of
Service 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 set -vice conditions at local
intersections nor would they warrant new transportation improvements; the medical
use component would be subject to the adopted citywide traffic mitigation fees which
W
would be used to fund long-term transportation improvements; and the project would
not change the current City requirement and obligation of the office park owner to
implement transportation demand measures such as encouraging tenants, through
incentives to carpool and use public transit.
As proposed, the medical and research and development land uses would be
consistent with Neighborhood Element Policies NH -15 (Downtown Vision), NH -16
(Economic Success), NH -38 (Lindaro Office District) and NH -8 (Parking) in that it
would: facilitate additional employment and future economic success in the
Downtown area; promote build -out of the San Rafael Corporate Center project by
allowing a land use that is appropriate and marketable; allow compatible land uses
that would fill current and long-term projected vacancies in general and
administrative office space; and promote a reasonable reduction in required parking
supported by the project's proximity to Downtown, the Bettini Transit Center and the
planned SMART rail stations.
As proposed, the medical and research and development land uses would be
consistent with newly -adopted Sustainability Element Policies SU -1 (Land Use) and
SU -2 (Promote Alternative Transportation), and the adopted Climate Change Action
Plan in that: the uses are proposed within an existing and approved development
office park that is close to public transit and Downtown; the project proposes a
reduction in the amount of required parking for the medical use component, thus
reducing thermal gain and shared parking; and the additional mix in land uses would
facilitate the implementation transportation demand measures such as encouraging
tenants, through incentives to carpool and use public transit.
The approval of medical and research and development land uses would be consistent
with Our Vision of Downtown San Rafael in that it would further promote new
businesses and employment in the Downtown area.
2. The proposed addition of medical and research and development uses would not be
detrimental to the health, safety or general welfare of the residents or community in that:
a. These uses would be compatible with the currently approved and operating
administrative and general office use. Medical and research and development uses
are commonly mixed within office complexes that are occupied by administrative
and general office use.
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 currently approved and largely developed San Rafael Corporate Center
complex. The Corporate Center is adequately served by local facilities and utilities.
d. The scope and definition of the medical and research and development land uses
would not allow industrial development, heavy production or laboratory operations
that would be more appropriate for a site that is zoned for light industrial or industrial
land use.
The proposed reduction in parking for the medical use component (68,068 square feet)
authorizes use of the general and administrative office parking standard currently adopted
in the San Rafael Corporate Center Master Plan (3.3 spaces�`1,000 square feet), rather
than the parking standard established by for medical use in the San Rafael Municipal
Code (4.4 spaces/1,000 square feet). The initial approval of the San Rafael Corporate
Center found that this development has been designed to adequately address the
automobile, bicycle and pedestrian traffic systems. Consistent with SRMC Section
RK
14.18.04013, the City Traffic Engineer has studied the parking needs for the medical
office use at this location finding that the use of the currently adopted parking standard
for office park is reasonable, appropriate and adequate in that:
a. The currently adopted standard of 3.3 parking spaces per 1,000 square feet of
building area is consistent with the medical use parking standard studied and
recommended by the Institute of Transportation Engineers (ITE). The ITE standards
are based on case studies of developed medical land uses, and are widely used by
local agencies and licensed traffic engineers.
b. The 5-6% reduction in the parking requirement is a nominal amount, which is far
below the typically requested and approved parking reduction for office projects
(20% reduction is common). Lastly, parking reductions are encouraged when a site
is developed and occupied with a mix of land uses that have different peaks in
parking demand.
c. The approvals and agreements established for the San Rafael Corporate Center
require that the parking lot on the western parcel be made available for public use
during the evening hours and on weekends. The parking reduction would not conflict
with this agreement in that the peak parking use periods for medical use are during
weekdays.
d. The San Rafael Corporate Center is in immediate proximity to the Bettini Transit
Center (mass transit hub for Marin County) and the planned SMART rail station.
The immediate access to mass transit reduces parking demand, which appropriately
supports lower parking standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
If i� (.y Cil►i�
Ordinance No. 1754 (PD -1754 District) is hereby amended to: a) incorporate medical use (a
68,068 square -foot allowance) and research and development use; and b) establish a 3.3 parking
space per 1,000 gross building square -foot parking standard for the San Rafael Corporate Center
Office Park as set forth in attached Exhibit A, incorporated herein by reference.
DIVISION 2.
If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held
to be invalid, such decision shall not affect the validity or the remaining portions of this added
ordinance section.
DIVISION 3.
This Ordinance shall be published once, in full or in summary form, at least five days before its
final passage, in a newspaper of general circulation published and circulated in the City, of San
Rafael, California, and shall be in full force and effect thirty (30) days after its final passage. If
published in summary form, the ordinance shall simultaneously be posted in full in the City
Clerk's office, and the summary shall also be published within fifteen (15) days after the
adoption, together with the names of those Councilmembers voting for or against same, in a
newspaper of general circulation published and circulated in the City of San Rafael, California.
2-4
Within fifteen (15) days after adoption, the City Clerk shall also post in the Office of the City
Clerk, a certified copy of the full text of this ordinance amendment along with the names of those
Councilmembers voting for or against the amendment.
z 6c,
GARY O. PHILLIPS', Nhayor
ATTEST:
C:�- . A?Ltoec'-0 - —
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1901 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on the 5`" day of December 2011, and was ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of
the City Council to be held on the 19'h day of December 2011.
'JS4�,-R :I-- - ?aQ, x..'C
ESTHER C. BEIRNE, City Clerk
ATTACHMENT:
Exhibit A- San Rafael Corporate Center Master Plan
Exhibit 13- Legal Property Description
2-5
EXHIBIT A
San Rafael Corporate Center Master Plan
(Formerly Ordinance 1721 and 1754, Ffdr, !sane Offiee Park Master- Plaft)
k-- ,9 , 210' ZQ 11-002
1-71' 7
INTENT
The San Rafael Corporate Center (formerly Fair, Isaac Office Park) Master Plan is based on the
plans (Development Plan) presented approved for the Environmental and Design Review
Permit (ED -97-24), Master Use Permit (UP 97 10 and UP 97 1 Ob UP11-033) and Tentative Map
(TS -97-1), approved by the City Council on Tuesday, February 17, 1998, and on Monday,
August 7, 2000 and November 2011.
LAND USES
This office park permits a maximum of 406,000 401,000 square feet of building area approved
for the following uses: administfafive and general offiee use. Medieal effiee use is not peffflit4ed.
Uses ineidental te the administ-fative and gener-a4 effiee use shall be pefmitted, as determined to
be appfopr4a4e by the Gemmufiit�, Development Difeeter. Requir-emeffts afid eendifiens for all
uses in the effiee park shall be eensistent with the Use Pefmit (UP 97 10 and UP 97 1 0b),
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 laborato
(daytime testing services. for patients and visitors). A,total of 68,068 square feet of
medical use is approved as an allowance, meaning that of the total 401,000 square feet of
office park area, Lip to 68,068 square feet can be used for medical use. See Master Use
Permit (UPI 1-033) for parking and traffic mitigation fee requirements.
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 (UPI 1-033). Residential and day care land uses are prohibited by recorded deed
restriction.
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: Per Development Plan approved under the office
W
3.
S
5.
L
10
park Use Permit (UP 97 10 UPI 1-033) and
Environmental and Design Review Pen -nit (ED -97-
24).
Building Height:
Maximum 54 feet, except for the building height
bonus granted by City approved office park Use
Permit (UIQ -97 1 ObUP 11-033) and Environmental
and Design Review Permit (ED -97-24). The
building height bonus requires provisions for a park,
which is addressed below.
Landscaping:
Landscaping shall be consistent with the
Development Plan approved under the office park
Environmental and Design Review Permit (ED -97-
24).
On-site Parking:
Minimum of -3-3.3 parking spaces per 1000 gross
square feet of nye-building areq-,-wt&
requirement for- par-kinWlandseape, eensisten4with-
the Developffiefft Plan appfeved faf the effiee pafk-
Envir-ownepAal end Design Review Pefmit (ED 97-
24). Additional pafking, to bring the total up to 1
spaee per- 300 gfess squafe feet of effiee area
be r-equifed, fellowing effiee oeetipaney and
eentinued menitefing. Compliance with and M
monitoring of on-site parking shall be enforced
through the conditions of the approved required by
the office park Use Permit (UP -974 -OUP 11-03 3).
Building coverage:
Building coverage shall be consistent with the
Development Plan approved under the office park
Environmental and Design Review Permit (ED -97-
24).
Development Phasing:
A minimum of two phases, as defined and approved
under the office park Use Permit (UPS 1 OUP 11-
I-0-13)
0-13) and Environmental and Design Review Permit
(ED -97-24).
Park Facility:
The office park development shall provide a
privately maintained park with public access
adjacent to Mahon Creek, as set forth in the office
park use pen -nit (UP 97 1 ObUP 11-03 3).
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).
•,,
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EXHIBIT "B": Legal Description
pdstnds3.fi
EXHIBIT B
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" 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 "A"; thence
(6) north 06138'05" east 273.54 feet
to a point in the southerly boundary line of said Second Street, thence running along said
southerly boundary line
(7) south 83133'00" 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 10, 1985 in
Book 20 of Surveys at page 47, Marin County Records.
Reserving therefrom the following easements over and across those certain portions of the Parcel
Two:
I . The "Exclusive Gas Meter Easement";
2. The "Nonexclusive Gas Meter Easement";
3. The "West Parcel Slurry Wall Easement";
4. The "Area 5A Extraction Trench Easement";
5. The "Area 5B Extraction Trench Easement"; and
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 corner 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 corner of the parcel of land hereinbefore described and
designated Exclusive Gas Meter Easement and running thence
(1) north 81 '07'00 " west 20.00 feet; thence
(2) north 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 08153'00" west 20.00 feet
to the northeast corner of said Exclusive Gas Meter Easement; thence along the northerly
boundary line of said Exclusive Gas Meter Easement
(5) north 81°07'00" west 30.00 feet
to the northwest comer of said Exclusive Gas Meter Easement; thence along the westerly
boundary line of said Exclusive Gas Meter Easement
(6) south 08153'00" west 30.00 feet
to the point of beginning.
Rana R_'7
West Parcel Slurry Wall Easement
A strip of land of the uniform width of 20 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 general northerly boundary line of said PARCEL TWO, from
which said Point "A" bears south 83°33'00" east 216.93 feet; thence leaving said general
northerly boundary line
(1) south 06'29'15" west 206.97 feet; thence
(2) on a tangent curve to the left with a radius of 100.00 feet and tangent at the northerly
terminus thereof to the preceding course, an arc distance of 58.23 feet, more or less, to a point in
the southwesterly boundary line of said PARCEL TWO.
Area 5A Extraction Trench Easement
Beginning at said Point "A" and running thence along the general westerly boundary line
of said PARCEL TWO
(1) north 06°3 8'05" 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 84118'25" 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 feet, more or less, to the point of beginning.
Area 5B Extraction Trench Easement
A strip of land of the uniform 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 corner of PARCEL
TWO bears south 08°53'00" west 157.56 feet; thence leaving said easterly boundary line
(1) north 80'40'14" west 13597 feet
to a point within the boundary lines of PARCEL TWO.
Pane R-1
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 06138'05" west 269.32 feet; thence
(2) south 54138'00" east 125.95 feet, more or less,
to a point in the easterly boundary line of said PARCEL TWO.
"CENTRAL PARCEL"
(APN 013-021-41,519 529 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 therefrom 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 particularly 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 "LS 4545", herein for convenience called Point "B", accepted as
marking the northeasterly terminus 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
INW-W
as shown upon said map has a bearing of S8*53' W and a length of 421.24 feet, bears north
08'53'00" east 364.35 feet; thence leaving said westerly boundary line
(1) south 76144'52" 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 76152'26" east 104.19 feet; thence
(5) north 87055'06" east 104.33 feet; thence
(6) north 62101'36" east 31.14 feet; thence
(7) north 46127'46" east 23.10 feet; thence
(8) north 33'08'08" east 12.71 feet; thence
(9) north 19137'58" east 36.67 feet; thence
(10) north 00'14'58" east 46.69 feet; thence
(11) north 10° 10' 31 " west 41.35 feet; thence
(12) north 0615747" west 97.03 feet; thence
(13) north 04'56'07" west 42.24 feet; thence
(14) north 03°58'51" east 124.15 feet; thence
(15) north 09100'19" east 35.36 feet; thence
(16) north 08°34'17" east 106.14 feet; thence
(17) north 07026'47" 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 uniform width of 16 feet extending easterly from the westerly
boundary line of said PARCEL ONE, and lying 8 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
Point "B" bears north 08153'00" east 249.70 feet; thence leaving said westerly boundary line
(1) south 80'42'05" east 14.39 feet; thence
(2) south 79143'14" east 64.83 feet
to a point within the boundary lines of PARCEL ONE.
Central Parcel Electric Facilities Easement
That portion 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.
pArIA R-5
"EASTERN PARCEL"
(APN 013-021-50)
All that certain real property situate in the City of San Rafael, County of Marin, State of
California, described as follows:
PARCEL ONE:
BEGINNING at a point in the Southerly line of Second Street distant 496.5 feet Easterly
from 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 Turnpike 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 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 TWO:
BEGINNING at the point of intersection of the Southerly line of Second Street, with the
Easterly line of Petaluma Avenue (now known as Lincoln Avenue); thence Easterly along the
Southerly line of Second Street 6110 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 11 043' West 289 feet;
thence continuing along said Westerly bank on the are of a circle having a radius of 441.7 feet,
462.3 feet to the said Easterly line of Petaluma Avenue; thence Northerly along the said Easterly
line of Petaluma Avenue 702.8 feet to the point of beginning.
EXCEPTING THEREFROM all that portion thereof as contained 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 Records at Page 381, and re-
recorded November 29, 1961 in Book 1519 of Official Records at Page 608, Marin County
-cords.
ALSO EXCEPTING THEREFROM all that portion thereof described as follows:
A STRIP 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 Records 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 uniform width of 20 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 70 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 Volume 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 51 ' 00' 00" having a radius of 215.00 feet, an
arc distance of 191.37 feet; thence North 47' 53' East 70 feet, more or less, to the termination of
the casement 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.
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 50010100" East 0.32 feet from a
lead plug and tag RE5561 set in a 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 83033'00" East 140.70 feet to the
southwesterly line of Francisco Boulevard;
thence leaving the southerly line of Second Street and along said southwesterly line of
Francisco Boulevard, South 51037'29" East 98.68 feet to the westerly line of Parcel 4, 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 of 36'01'12", 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 of 01 °17'20", an arc length
of 10.64 feet;
thence Ieaving said easterly Iine of Lincoln Avenue on a curve to the left whose radius
point bears North 31 °36'30" West, a distance of 315.00 feet, through a central angle of
50°24'27", an arc length of 277.13 feet;
thence North 12°06'01" East 102.01 feet;
thence North 06°19'27" East 109.66 feet;
thence leaving the westerly line of said tidal slough North 80050115" West 13.96 feet to
the Point of Beginning.
Said Parcel contains an area of 0.24 acres, more or less.
RESOLUTION NO. 13275
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING AN AMENDMENT TO THE SAN RAFAEL CORPORATE CENTER (750-
790 LINDARO STREET AND 781-791 LINCOLN AVENUE) MASTER USE PERMIT
(UPI1-033)TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL
OFFICE AND RESEARCH AND DEVELOPMENT, AND TO APPROVE A PARKING
REDUCTION FOR THE MEDICAL USE
(APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, in February 1998, the San Rafael City Council adopted a Planned
Development District (PD -1721) approving a Master Plan for the development of a 406,000 square
foot office park on a 15.54 -acre site located south of Second Street in Downtown San Rafael. The
PD -1721 District established zoning and standards for development of the subject property with
five buildings (totaling 406,000 square feet), two parking structures, surface parking, campus
landscaping and publicly -accessible park area along Mahon Creek. The zoning limits land use of
the office park to administrative and general office use only. This action was accompanied by the
approval of a Master Use Permit (UP97-10) for the office complex; and
WHEREAS, in August 2000, the San Rafael City Council adopted an amendment to the
Planned Development (PD -1754), District and Master Use Permit (UP97-1 Ob) to approve changes in
the zoning district development standards in order to accommodate multi -tenant use of the office
park (San Rafael Corporate Center) and to modify public use requirements for office park facilities.
Master Use Permit UP97-10 and UP97-10b are currently in effect; and
WHEREAS, since 2000, much of the San Rafael Corporate Center office park campus has
been developed and largely occupied by administrative and professional office businesses. To date,
four of the five office buildings and one (western) parking structure have been built, along with
surface parking, campus landscaping and the publicly -accessible park area. When the remaining
phase of the office park is developed (one office building and one [eastern] parking structure), the
San Rafael Corporate Center will be built -out at 401,000 square feet; and
WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael
Corporate Center Phase I LIC, property owner requesting an amendment to the Master Use Permit
(UPI 1-033) to expand the allowed land uses for the office park to include medical use and research
and development use defined as follows:
➢ Medical Use. Medical use is defined as medical office, clinic or medical laboratory
(daytime, testing services for patientsi'visitors). A total of 68,068 square feet of medical use
is proposed as an allowance, meaning that of the total 401,000 square feet of office park
area currently approved for general and administrative office use, up to 68,068 square feet
could be used for medical use. The modification proposes that the medical use allowance
be generally applied to the office park and that it not be approved for any one building or
concentrated in any one area of the park site.
Research and Development Use. Research and Development use is defined as 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
3-1
established for research (as opposed to labs providing testing services for patients/visitors)
would be considered a research and development use.
WHEREAS, the proposed amendment to the Master Use Permit (UPI 1-033) includes a
request to modify the office park parking requirements. The request proposes a parking reduction
to the City's parking requirements for medical use. While the San Rafael Municipal Code requires
a higher parking standard for medical use (4.4 parking spaces per 1,000 gross square feet of
building area) than the standard established by the Master Use Permit (3.3 parking spaces per 1,000
gross square feet for multi -tenant administrative and general office use), the request proposes to
maintain the currently adopted parking standard of 3.3 spaces per 1,000 gross square feet of
building area. The request would result in a maximum, potential parking reduction for the office
park of 5-6%; and
WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public
hearing to review and consider the proposed amendment to the San Rafael Corporate Center Master
Use Permit (UPI 1-033). On a 5-0 vote (Commissioners Lang and Pick absent), the Planning
Commission adopted Resolution No. 11-14 recommending to the City Council the approval of the
amendment to the Master Use Permit. The Planning Commission recommended that the conditions
be revised to include and address and incorporate signage for evening and weekend public parking
use of parking lot on the western parcel. The recommendations regarding parking is presented in
condition 6 below and are incorporated herein; and
WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing to
review the proposed amendment to the San Rafael Corporate Center Master Use Permit (UPI 1-033)
and considered all oral and written public testimony and the written report of the Community
Development Department; and
WHEREAS, by separate resolution, the City Council has recommended to the City Council
the adoption of a Negative Declaration (IS 11-002), which adequately addresses the potential
environmental impacts of the proposed amendment to Master Use Permit; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon
which this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves an
amendment to the San Rafael Corporate Center Master Use Permit UPI 1-033 based on the
following findings:
As proposed and as conditioned, approval of this Master Use Permit to expand the
allowable uses to include medical and research and development uses would be consistent
with the applicable goals and policies of the San Rafael General Plan 2020 and in
conformance with the provisions of the PD -1754 District, as amended. Specifically:
a. As proposed, the medical and research and development land uses are consistent with
Land Use Element Policies LU -23 (Land Use Map and Categories), LU -10 (Planned
Development), LU -9 (Intensity of Nonresidential Development), LU -14 (Land Use
Compatibility) in that these uses would be: allowable under the adopted Lindaro Office
land use designation; compatible with the current land uses allowed under the PD -1754
District adopted for this site-, and compatible with existing land uses found in the
surrounding area.
b. As proposed, the medical and research and development land uses would be consistent
and not in conflict with Circulation Element Policies C-5 (Traffic Level of Service
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Standards) C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand
Management) in that: the increase in traffic estimated for these uses would not impact
or change level of service conditions at local intersections nor would they warrant new
transportation improvements; the medical use component would be subject to the
adopted citywide traffic mitigation fees which would be used to fund long-term
transportation improvements; and the project would not change the current City
requirement and obligation of the office park owner to implement transportation
demand measures such as encouraging tenants, through incentives to carpool and use
public transit.
c. As proposed, the medical and research and development land uses would be consistent
with Neighborhood Element Policies NH -15 (Downtown Vision), NH -16 (Economic
Success), NH -38 (Lindaro Office District) and NH -8 (Parking) in that it would:
facilitate additional employment and future economic success in the Downtown area;
promote build -out of the San Rafael Corporate Center project by allowing a land use
that is appropriate and marketable; allow compatible land uses that would fill current
and long-term projected vacancies in general and administrative office space; and
promote a reasonable reduction in required parking supported by the project's
proximity to Downtown, the Bettim Transit Center and the planned SMART rail
stations.
As proposed, the medical and research and development land uses would be consistent
with newly -adopted Sustainability Element Policies SUA (Land Use) and SU -2
(Promote Alternative Transportation), and the adopted Climate Change Action Plan in
that: the uses are proposed within an existing and approved development office park
that is close to public transit and Downtown; the project proposes a reduction in the
amount of required parking for the medical use component, thus reducing thermal gain
and shared parking; and the additional mix in land uses would facilitate the
implementation transportation demand measures such as encouraging tenants, through
incentives to carpool and use public transit.
The approval of medical and research and development land uses would be consistent
with Our Vision of Downtown San Rafael in that it would further promote new
businesses and employment in the Downtown area.
The approval of medical and research and development land uses would be consistent
with the PD -1754 District, as amended by adoption of Zoning Amendment ZC11-002,
which would permit these land uses.
2. The proposed addition of medical and research and development uses would not be
detrimental to the health, safety or general welfare of the residents or community in that:
a. These uses would be compatible with the currently approved and operating
administrative and general office use. Medical and research and development uses are
commonly mixed within office complexes that are occupied by administrative and
general office use. These uses would be compatible with surrounding and immediate
land uses and development.
b. These uses would be consistent and not in conflict with the deed restriction recorded for
the San Rafael Corporate Center, which permits commercial and office land uses but
prohibits use and 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 currently approved and largely developed San Rafael Corporate Center complex.
The Corporate Center is adequately served by local facilities and utilities.
d. The scope and definition of the medical and research and development land uses would
not allow industrial development, heavy production or laboratory operations that would
be more appropriate for a site that is zoned for light industrial or industrial land use.
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The proposed reduction in parking for the medical use component (68,068 square feet)
authorizes use of the general and administrative office parking standard currently adopted
in the San Rafael Corporate Center Master Plan (3.3 spaces/1,000 square feet), rather than
the parking standard established for medical use in the San Rafael Municipal Code (4.4
spaces/11,000 square feet). The initial approval of the San Rafael Corporate Center found
that this development has been designed to adequately address the automobile, bicycle and
pedestrian traffic systems. Consistent with SRMC Section 14.18.04013, the City Traffic
Engineer has studied the parking needs for the medical office use at this location finding
that the use of the currently adopted parking standard for office park is reasonable,
appropriate and adequate in that:
a. The currently adopted standard of 3.3 parking spaces per 1,000 square feet of building
area is consistent with the medical use parking standard studied and recommended by
the Institute of Transportation Engineers (ITE). The ITE standards are based on case
studies of developed land uses, and are widely used by local agencies and licensed
traffic engineers.
b. The 5-6% reduction in the parking requirement is a nominal amount, which is far below
the typically requested and approved parking reduction for office projects (20%
reduction is common). Lastly, parking reductions are encouraged when a site is
developed and occupied with a mix of land uses that have different peaks in parking
demand.
c. The approvals and agreements established for the San Rafael Corporate Center require
that the parking lot on the western parcel be made available for public use during the
evening hours and on weekends. The parking reduction would not conflict with this
agreement in that the peak parking use periods for medical use are during weekdays.
d. The San Rafael Corporate Center is in immediate proximity to the Bettini Transit
Center (mass transit hub for Marin County) and the planned SMART rail station. The
immediate access to mass transit reduces parking demand, which appropriately supports
lower parking standards.
BE IT FURTHER RESOLVED, that the City Council approves the amendments to the
Master Use Permit UPI 1-033 subject to the following conditions which replace, in their entirety
conditions of approval for UP97-10 and UP97-10b:
The Master Use Permit approves office building area for the following uses on the Central
Parcel of the Office Park (bounded by Second Street to the north, Lindaro Street to the
west, Lincoln Avenue to the east and Mahon Creek to the south):
a. Administrative and General Office Use. These uses are defined by the San Rafael
Municipal Code, Title 19 (Zoning),
b. Medical Use. Medical use is defined as medical office, clinic or medical laboratory
(daytime, testing services for patients/visitors). A total of up to 68,068 square feet of
medical use is approved as an allowance, meaning that of the total 401,000 square feet
of office park area, up to 68,068 square feet could be used for medical use. See
condition 5 for parking requirements. Medical use shall be subject to the latest, City -
adopted traffic mitigation fees. Traffic mitigation fees shall be charged for each new
medical use tenant and paid at the time a building permit is issued for tenant
improvements proposed for this use. Traffic mitigation fees shall be charged for new
medical use tenants until the 68,068 -square -foot medical use allowance has been
reached. To monitor incremental fee payment, the property owner shall maintain an
accounting of the fees that have been paid and shall be required to submit this
accounting at the time a building permit is filed for medical use tenant improvements.
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Once this maximum use allowance has been reached, no further traffic mitigation fees
shall be charged. Further, no traffic mitigation fees are required when a new medical
use is replacing an existing, previously approved and occupied medical use.
c. Research and Development Use. Research and Development use is defined as a use
engaged in scientific, medical or technological research with limited product testing and
production. This use excludes full production industrial -type manufacturing and
generally operates similar to and characteristic of low -intensity, general office use.
Medical laboratories established for research (as opposed to labs providing testing
services for patients/visitors) would be considered a research and development use. As
research and development use is similar to and generally less intensive than general
office use, it does not require the payment of any traffic mitigation fees or any
provisions for additional on-site parking (over and above that approved for general and
administrative office use).
d. Uses determined to be incidental or accessory to the above -listed land uses shall be
permitted, as determined to be appropriate by the Community Development Director.
Residential and day care land uses are prohibited by a recorded property deed
restriction, described in condition 3, below.
The Master Use Permit approves surface parking and parking structures on the Western
Parcel (south of Second Street, west of Lindaro Street) and Eastern Parcel (south of Second
Street, east of Lincoln Avenue). These parcels are restricted to parking use and landscaping
only. As required by the subdivision map for the San Rafael Corporate Center (RM 2002-
185, recorded September 2002), a restrictive covenant has been recorded on the subdivision
map to encumber the Western and Eastern Parcels, ensuring that any conveyance of these
parcels shall include a reservation or grant of easement to the benefit of the Central Parcel
(office park described in condition I above) to provide parking required by this Use Permit
and the San Rafael Corporate Center Environmental and Design Review Permit (ED -97-
24).
Use of the Western and Central Parcels are subject to the Covenant of Deed Restriction,
recorded on August 10, 1989, This covenant restricts the uses that are permitted on these
properties and requires continued maintenance and monitoring of on-site groundwater
conditions, The Master Use Permit and the Covenant of Deed Restriction recognize that the
Western and Central Parcels contain utilities and groundwater remediation improvements
that are to remain on these sites in perpetuity.
4. As required by condition 2 of the initial Master Use Permit (UP97-1 0 and UP97-1 Ob), these
permits approved a building height bonus for office Buildings A (750 Lindaro Street), C
(770 Lindaro Street), D (790 Lindaro Street) & E (791 Lincoln Avenue) on the Central
Parcel conditioned upon providing permanent, public access, use and availability of the
landscaped park area located on the south side of the office campus (south of and between
Buildings A (750 Lindaro Street) and B (781 Lincoln Avenue), bordered on the south by
Mahon Creek). The park area shall be owned, in -fee, and permanently maintained by the
property owner andlor 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).
3-5
b. The property owners and/or the association of owners within the office park shall be
responsible for daytime and evening security of the park area.
c. Fencing and security gates shall be provided and permanently maintained at both the
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 room space
provided in Building A for special events and activities shall be scheduled by
appointment, made through the property owner and/or association of owners within the
office park. The property owner and/or association of owners shall designate a property
manager to oversee the management and scheduling of special events and activities.
e. First priority for use of the park area and the 2,500 square foot conference/meeting
room space provided in Building A for special events shall be given to not-for-profit
organizations, homeowners associations and neighborhood groups/associations within
the City of San Rafael, schools within the City of San Rafael, and the City of San
Rafael. No user fee shall be charged for the qualified users for special event use of the
park area and/or the 2,500 square -foot conference/meeting room space, except deposit
fees required for clean-up and security.
f. Use of the park area for special events and activities shall include public access to
restrooms and water fountains located within Buildings A and/or B. If these facilities
are not available, portable restrooms shall be provided in the park area at no cost to the
user.
g. Users of the park area and the 2,500 square foot conference/meeting room space
provided in Building A for special events and activities shall be subject to compliance
with specific rules, regulations and guidelines, which are to be maintained by and
provided to the user by the property owner and'or the association of owners of the
office park development. These rules, regulations and guidelines have been approved
by City staff and the Park and Recreation Commission. The approved rules, regulations
and guidelines are based on the public facility use regulations currently implemented by
the City. The final, approved rules, regulations and guidelines shall be maintained on
file with this Use Permit.
This Use Permit approves an office building parking ratio of 3.3 parking spaces per 1,000
square feet of gross office building area for all approved administrative and general office
uses, medical uses and research and development uses. A parking reduction is approved for
the medical use (up to 68,068 square feet). In the event, through periodic monitoring, it if
found that the demand for medical use parking exceeds the supply, additional measures
may be required of the office park owner(s) to address this demand. Measures may include
but not limited to: a) the development and operation of a parking management program
such as valet parking; or b) construction of additional parking in the parking structure on
the Eastern Parcel.
3-6
materially higher than the amounts charged by the City for City -owned marking facilities in
the Downtown Sari 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 Management Program (TSM). A TSM program has been approved and is on file
with the Department of Community Development. This approved program obligates
tenants to encourage employees, through incentives to implement TSM measures such as
staggered work hours, telecommuting, carpooling, and public transit use. As this TSM
program does not require mandatory monitoring by the City nor does it include any
required performance standards, there is no mandatory monitoring by the City. However,
the building tenantslproperty owners are obligated to provide a good -faith effort in
managing project traffic through implementation of TSM measures.
The Use Permit shall be annually reviewed by the Community Development Department
for a period of five years following full occupancy of the development. The purpose of the
annual review is to determine compliance with conditions of approval for the following:
a. Review the status of project phasing and construction (including conditions
required by ED -97-24).
b. Review project occupancy and phasing to determine adequacy of on-site parking.
C. Review TSM measures imposed by the office park tenants and property owners to
determine success.
d. Review use and operation of the conference/meeting facilities in Building A and
other outdoor use areas available for community use.
Annual review by the City shall be subject to cost recovery fees charged to the project
sponsor. Following the fifth year of full office park occupancy and operation, no annual
review of the use permit shall be required. However, the permit may be brought up for
review by the City at any time should the use: 1) not comply with City regulations; 2)
violate conditions of project approval; and/or 3) should the use become detrimental to the
public health, safety and welfare or materially injurious to properties or improvements in
the vicinity.
This Master Use Permit shall become effective on the date in which the ordinance of the adopted
amendment to the San Rafael Corporate Center Planned Development District zoning (ZC 11-002)
becomes effective.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said
City on the 5"' day of December, 2011, by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES. COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
3-7
ORDINANCE NO. 1902
AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA97-1) FOR THE SAN
RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN
AVENUE) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL
OFFICE AND RESEARCH AND DEVELOPMENT
AND TO UPDATE THE AGREEMENT TERMS
DAI I-001
(APN 013-012-38 & 29; 013-021-41, 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 15.54 -acre site located south of Second Street in Downtown San
Rafael. Concurrent with this action, the City Council adopted Ordinance No. 1722 approving a
Development Agreement with Fair, Isaac and Company, Inc., the initial project developer and
initially -envisioned single -tenant for the office park. The Development Agreement included
specific terms, conditions and requirements agreed by both the City and Fair, Isaac for a 10 -year
build -out of the San Rafael Corporate Center; and
WHEREAS, in August 2000, the San Rafael City Council adopted Ordinance No. 1755,
approving an amendment to the Development Agreement to approve changes in the property
ownership (Wilson/Equity Office, Inc.) and to the development standards in order to
accommodate multi -tenant use of the office park (hereafter, the "San Rafael Corporate Center");
and
WHEREAS, since 2000, the ownership of the San Rafael Corporate Center has changed,
and much of the office park campus has been developed and largely occupied by administrative
and professional office businesses. To date, four of the five office buildings and one (western)
parking structure have been built, along with surface parking, campus landscaping and the
publicly -accessible park area. When the remaining phase of the office park is developed (one
office building and one [eastern] parking structure), the San Rafael Corporate Center will be
built -out at 401,000 square feet. The terms of the Development Agreement, as amended in
August 2000 (hereafter, the "Amended Development Agreement") vest project build -out through
2013, with options for additional extensions through 2015; and
WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael
Corporate Center Phase I LLC, property owner, requesting an amendment to the Planned
Development (PD -1754) zoning district, the Master Use Permit and the Amended Development
Agreement to expand the allowed land uses for the office park to include medical use and
research and development use. It was determined that the proposed addition of these land uses
necessitates an amendment to the Amended Development Agreement; and
WHEREAS, a full and complete copy- of the approved and executed Development
Agreement and the subsequent amendment are on file with the offices of the City Clerk and are
available for public review; and
WHEREAS, new amendments to the Amended Development Agreement have been
drafted by the San Rafael Corporate Center Phase I LLC and the Office of the City Attorney to
incorporate the proposed land uses, to update specific terms and to delete obsolete terms; and
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WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public
hearing to review and consider the proposed amendments to the Amended Development
Agreement. On a 5-0 vote (Commissioners Lang and Pick absent), the Planning Commission
adopted Resolution No. 11-15 recommending to the City Council the approval of the proposed
amendments to the Amended Development Agreement; and
WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing
to review and consider the proposed amendments to the Amended Development agreement, set
forth in a proposed "Second Amendment to Development Agreement" attached hereto as Exhibit
A and incorporated herein by reference, and considered all oral and written testimony and the
written report of the Community Development Department; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act
(CEQA) Guidelines, a Development Agreement is subject to environmental review. By separate
resolution, the City Council adopted a Negative Declaration (IS11-002), which adequately
addresses the potential environmental impacts of the proposed amendments to the Amended
Development Agreement; and
WHEREAS, the custodian of documents which constitute the record of proceedings
upon which this decision is based, is the Community Development Department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1. Findings.
A. California Government Code Sections 65864-65869.5 authorizes cities to enter
into binding development agreements as therein provided. A Development Agreement for the
San Rafael Corporate Center project was approved by the City of San Rafael and executed
between the City and the property owner (formerly Fair, Isaac and Company, Inc.) in February,
1998 (DA97-1), and an amendment thereto was approved and executed in August, 2000
(collectively referred to hereafter as the "Amended Development Agreement". San Rafael
Corporate Center Phase I, LLC, the current property owner has requested an amendment to the
Amended Development Agreement to update its terms and to expand the allowable land uses for
the San Rafael Corporate Center (DAI1-001), as set forth in the "Second Amendment to
Development Agreement" attached hereto as Exhibit A. The City Council finds that the
amendments to the Development Agreement set forth in Exhibit A are consistent with the
California Government Code.
B. As required by the City of San Rafael Municipal Code (Title 14, Zoning), on
October 25, 2011, the San Rafael Planning Commission held a public hearing on the proposed
amendments to the Amended Development Agreement and voted (5-0) to recommend to the City
Council the approval of the amendments (Planning Commission Resolution No. 1 I-15).
C. The City Council finds that, as amended by Exhibit A, the Development
Agreement will be consistent with the San Rafael General Plan 2020 and will be consistent with
the Planned Development District adopted for the subject property.
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DIVISION 2. Approval of Second Amendment to Development Agreement.
The City Council of the City of San Rafael hereby: a) approves the Second Amendment
to Development Agreement for the San Rafael Corporate Center project, in the form attached
hereto as Exhibit A; and b) authorizes the Mayor and City Clerk to sign the amendment on behalf
of the City Council.
DIVISION 3. Severability.
If any subsection, sentence clause or phrase of this ordinance amendment is, for any
reason, held to be invalid, such decision shall not affect the validity or the remaining portions of
this added ordinance section.
DIVISION 4. Publication.
This Ordinance shall be published once, in full or in summary form, at least five days
before its final passage, in a newspaper of general circulation published and circulated in the City
of San Rafael, California, and shall be in full force and effect thirty (30) days after its final
passage. If published in summary form, the ordinance shall simultaneously be posted in full in
the City Clerk's office, and the summary shall also be published within fifteen (15) days after the
adoption, together with the names of those Councilmembers voting for or against same, in a
newspaper of general circulation published and circulated in the City of San Rafael, California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the Office of the
City Clerk, a certified copy of the full text of this ordman e amendment along with the names of
those Councilmembers voting for or against the amend t.
GARY O. PHI> LIPS, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No.1902 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on the 5`h day of December 2011, and was ordered passed to
print by the following vote, to wit:
AYES:
Councilmembers:
Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of
the City Council to be held on the 19`' day of December 2011.
Attachment: Exhibit A ESTHER C. BEIRNE, City Clerk
HE
Recording Requested By,
And When Recorded Please
Return to:
City Clerk
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
A.P.N. 013-012-38;013-012-29,013-021-41,013-021-50
A.P.N. 013-021-51,013-021-52,013-021-53,013-021-54
A.P.N. 013-021-55
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
(San Rafael Corporate Center)
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second
Amendment") is entered into as of ---9 --1 by and between the City of
San Rafael, a California charter city ("City"), and San Rafael Corporate Center Phase One, LLC
and San Rafael Corporate Center Phase Two, LLC (collectively hereafter "SRCC"), with
reference to the following:
RECITALS:
A. On February 17, 1998, City's City Council ("the City Council") adopted Ordinance No.
1722 approving a Development Agreement between the City and Fair, Isaac and
Company, Inc. ("Fair, Isaac") pursuant to the authority of California Government Code
sections 65864 et seq., for development of the property described in the Development
Agreement, now commonly known and referred to hereafter as the "San Rafael Corporate
Center." The Development Agreement, dated February 17, 1998, was recorded in the
Office of the Marin County Recorder on April 9, 1998 as Document No. 98-023245.
13, On August 21, 2000, the City Council adopted Ordinance No. 1755, approving and
authorizing the Mayor to execute an "Amendment to Development Agreement."
C. SRCC is the present owner of, and the successor -in -interest to Fair, Isaac's ownership
interest in the San Rafael Corporate Center, and to the rights and obligations of Fair,
Isaac under the Development Agreement, as amended by the Amendment to
Development Agreement (collectively hereafter "the Amended Development
Agreement").
D. The Amended Development Agreement vests in SRCC the right to develop five buildings
zoned for administrative and general office use, and two parking structures at the San
Rafael Corporate Center. All but one office building and one parking structure have been
constructed, construction has not yet begun on these final structures.
Exhibit A
E. On May 17, 2011, SRCC applied to the City to amend the zoning and the Master Use
Pen -nit for the San Rafael Corporate Center to expand the permitted uses of the office
space to include medical use, and for approval of accompanying amendments to the
Amended Development Agreement.
F. On October 25, 2011, the City's Planning Commission held a public hearing on the
applications for rezoning and for amendment of the Master Use Permit and the Amended
Development Agreement, and recommended approval of those applications to the City
Council.
G. On December 5, 2011, the City Council held a public hearing on the applications to
rezone and amend the Master Use Permit and Amended Development Agreement; and
adopted Resolution No. 13275 approving the amendments to the Master Use Permit.
H. On December 19, 2011, the City Council adopted Ordinance No. 1901 approving the
rezoning for the San Rafael Corporate Center.
1. On December 19, 2011, the City Council adopted Ordinance No. 1902 approving and
authorizing the Mayor to execute the requested amendments to the Amended
Development Agreement, in the form of this Second Amendment.
NOW, THEREFORE, THE CITY AND SRCC AGREE AS FOLLOWS:
Amendment of Development Agreement Section 1.6. Section 1.6 of the Amended
Development Agreement shall be amended to read as follows (shown in
underline/strikeout format):
1.6 Enacting Ordinance and Resolution. Ordinance No. 1722,
enacted by the City Council of the City of San Rafael on February
17, 1998, approving this Development Agreement (attached as
Exhibit F to the Development Agreement); Resolution No, 10026,
adopted by the City Council of San Rafael on September 17, 1998,
authorizing execution of this Development Agreement by the Vice -
Mayor (attached as Exhibit G to the Development Agreement);
Ordinance No. 1755 enacted by the City Council of San Rafael on
August 7, 2000, approving the Amendment to Development
Agreement dated as of July 1, 2000; and Ordinance No. 1902
enacted by the City Council of San Rafael on December 19, 2011,
approving the Second Amendment to Development Agreement
dated as of
2. Amendment of Development Agreement Section 1.20. Upon the effective date of the
City's approval of the May 17, 2011 applications for rezoning and amendment to
Exhibit A
Master Use Permit, the Vested Approvals as defined in Section 1.20 of the Amended
Development Agreement shall be revised to reflect those approvals.
3. Amendment of Development Agreement Section 2.7. Section 2.7 addresses night
and evening parking on the western parcel (referred to as Public Parking Parcel, west
of Lindaro Street). The terms of this section shall be amended as follows (shown in
underline/strikeout format):
2.7 Night Evening and Weekend Parking. On a portion of the property
shown on attached Exhibit D (the "Public Parking Parcel", parcel located west of
Lindaro Street), the property owner shall make available the parking
improvements for public parking on nights and weekends. The public parking
parcel shall be made available from midnight to 6 a.m. and from 6 p.m. to
midnight on Monday through Friday and all hours on Saturdays and Sundays. A
sign shall be posted at the Lindaro Street entrance to the Public Parking Parcel
stipulating public availability of parking during nights and weekends. Such
parking shall be provided at no cost to the City or the Agency. The property
owner shall not charge for the public parking without the approval of the City,
which approval shall not be unreasonably withheld, provided that the proposed
charges are not substantially and materially higher than the amounts the City
charges in the City -owned parking facilities in downtown San Rafael for night
and weekend parking after taking into consideration additional and excess costs to
the property owner of security and other related matters. The public parking shall
be made available for parking beginning with the completion of the First Phase of
Improvements.
4. Amendment of Development Agreement Section 3.2.1. Section 3.2.1 of the
Amended Development Agreement shall be amended to add the following to the
permitted uses included in the Project:
a. Medical Use. Medical use is defined as medical office, clinic or medical
laboratory (daytime, testing services for patients/visitors). A total of 68,068
square feet of medical office use is proposed as an allowance, meaning that of the
total 401,000 square feet of office park area currently approved for general and
administrative office use, up to 68,000 square feet could be used for medical
office use. The modification proposes that the medical office use allowance be
generally applied to the office park and that it not be approved for any one
building or concentrated in any one area of the park site.
b. Research and Development. Research and Development use is defined as 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.
Exhibit A
5. No Other Amendment. Except as set forth in this Second Amendment, the Amended
Development Agreement shall remain in full force and effect and unamended.
6. Recordation. Pursuant to the Development Agreement Legislation (as defined in the
Amended Development Agreement), within ten (10) days following the date that
Ordinance No. 1902 becomes effective, the parties shall record this Second
Amendment. For purposes of recording, a legal description of the San Rafael
Corporate Center is attached hereto as Exhibit I and incorporated herein by reference.
The cost of recording shall be borne by SRCC.
7. Counterparts. This Second Amendment may be executed and acknowledged in
Counterparts.
IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date as
first set forth above.
CITY OF SAN RAFAEL
M
Gary O. Phillips, Mayor
APPROVED ASTO FORM: ATTEST:
By: By:
Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk
SAN RAFAEL CORPORATE CENTER
PHASE ONE, LLC
M
SAN RAFAEL CORPORATE CENTER
PHASE TWO, LLC
0
4
Exhibit A
ATTACHMENT 5
Planning Commission Meeting Minutes (Action)
October 25, 2011
|NTHE COUNCIL CHAMBER OFTHE CITY QFSAN RAFAEL, October 25, 2011
Regular Meeting
San Rafael Planning Commission Minutes
For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
Present: Kate Colin
Larry Paul
Jack Robertson
Dan Sonnet, Chair
VihtoriyaVVise
Absent: Charlie Pick
Maribeth Lang
Staff Present: Paul Jensen, Community Development Director
Nader Mansourian, Public Works Director
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes, June 1/,2O11
Kate Colin moved and Viktoriya Wise seconded to approve the minutes as presented as follows:
AYES: Kate Cohn, Larry Pau[ Dan Sonnet, Chair, VlktohyeVVise. Jack Robertson
NOES: None
ABSENT: K8ohbath Lang, Charlie Pick
2. Minutes, September 27,2U11
Viktoriya Wise moved and Kate Colin seconded to approve the minutes as presented as follows:
/YES: Kate Co|in, Larry Peu|, Den Sonnet, Chair, VikbzriyaVVise. Jack Robertson
NOES: None
ABSENT: Maribeth Lang, Charlie Pick
NEW BUSINESS
3. 750-790 Lindaro Street/781-791 Lincoln Ave (San Rafael Corporate Center) - Request(s) for
amendments to the approved Planned Development (PD -1754) zoning district, Master Use
Permit and Development Agreement for the San Rafael Corporate Center, an approved
and largely -developed 401,000 square -foot, general and administrative office complex.
The amendments propose to expand the allowable uses to include medical use (up to
68,068 square -foot portion of the approved complex), as well as research and
development use. The request includes a reduction from the required parking for the
medical use component (5-6% reduction for the office park complex). The project
proposes no physical changes or improvements to the approved and largely developed
office complex; APN: 013-021-34, 35, 50, 51, 52, 53, 54, & 55; Planned Development (PD -
1754) District; SR Corporate Center Phase 1, LLC, owner/applicant; File No(s): ZC11-002;
UP11-003; DA11-001. Project Planner: Paul Jensen
Staff presented the project and the Commission discussed project parking, signage and public access to
the rear of the office campus (Mahon Creek). The Commission recommended that staff draft revisions to
project conditions to ensure public access to Mahon Creek is maintained and that parking on the western
parking lot is accessible to the public during evening hours and weekends.
Jack Robertson moved and Larry Paul seconded to Approve Motion to approve project as presented by
staff
AYES: Kate Colin, Larry Paul, Dan Sonnet, Chair, Viktoriya Wise, Jack Robertson
NOES: None
ABSENT: Maribeth Lang, Charlie Pick
DIRECTOR'S REPORT
Community Development Director Paul Jensen gave a Director's Report.
COMMISSION COMMUNICATION
ADJOURNMENT:
ANNE DERRICK, Administrative Assistant III
APPROVED THIS DAY OF , 2011
Dan Sonnet. Chair
ATTACHMENT 6
Planning Commission Staff Report
October 25, 2011
CITY OF
(,L Meeting Date: October 25, 2011
Agenda Item:
Community Development Department— Planning Division Case Numbers: ZC11-002, UP11-033; DA11-001;
P. O. Box 151560, San Rafael, CA 94915-1560 IS11-002
PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Paul Jensen —(415) 485.5064
REPORT TO PLANNING COMMISSION
SUBJECT: 750-790 Lindaro Street/781-791 Lincoln Ave (San Rafael Corporate Center) —
Request(s) for amendments to the approved Planned Development (PD -1754) zoning
district, Master Use Permit and Development Agreement for the San Rafael Corporate
Center, an approved and largely -developed 401,000 square -foot, general and
administrative office complex. The amendments propose to expand the allowable uses to
include medical use (up to 68,068 square -foot portion of the approved complex), as well
as research and development use. The request includes a reduction from the required
parking for the medical use component (5-6% reduction for the office park complex).
The project proposes no physical changes or improvements to the approved and largely
developed office complex; APN: 013-021-34, 35, 50, 51, 52, 53, 54, & 55; Planned
Development (PD -1754) District; SR Corporate Center Phase I, LLC, owner/applicant;
File No(s): ZC11-002; UP11-003; DA11-001. _
EXECUTIVE SUMMARY
The project proposes to expand the list of the land uses permitted at the San Rafael Corporate Center,
which is located in Downtown San Rafael. The 401,000 -square -foot multi -building office park, which is
located south of Second Street, is current zoned (PD -1754 District) and approved for general and
administrative office use only. Medical use and research and development use are proposed, which
require an amendment to the Planned Development (PD -1754) zoning district and to the Master Use
Permit approved for the office park. The project proposes a 68,068 -square -foot allowance for the
medical use, along with a 5-6% reduction in the off-street parking that would be required for this use.
The project proposes no physical changes or improvements to the office park development or site.
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, as amended. The City Traffic Engineer has reviewed the projected traffic for the addition of
these uses finding that operational conditions to local intersections and arterials will not be impacted.
Further, the City Traffic Engineer has studied the requested parking reduction for the medical use finding
that it is reasonable and justified. Draft resolutions have been prepared by staff (see Attachments 1-4)
outlining findings and recommended actions.
RECOMMENDATION
It is recommended that the Planning Commission adopt the attached resolutions recommending to the
City Council adoption of a Negative Declaration, and amendments to the PD -1754 District, Master Use
Permit and Development Agreement.
REPORT TOPLANNING COMMISSION -Case Nos: ZC11'002UP11-%3.DA11-001and |S11'0V2 Page
[yro erty Size. 15.54 acres )rhood: Downtown
Site Characteristics
General Plan Designation ignation Existing Land -Use
J P Site Lindaro Office
PD -1754 District
0 ice Park
North: Second/Third Mixed Use
2/3 MUE District
Commercial
East: Park
P/OS District
Mahon Creek
South: Park
Industrial
P/OS District
I District
Albert Park
Industrial
West: Second/Third Mixed use
2/3 MUE District
Resident!a���
Site Dmmoriptiom/Sefting:
The projectSit88Dcornp8SSeS15.54-@cresOf|eVe||Gnd|Oc8ted8OUthOfSeCOOdStneetiDI]UvVntOvvn8aD
Rafael. The property is bordered by GeCODd Street (major arterial) to the north. K88h0n Creek tOthe east
and south, and Andersen Drive to the south. Immediately west of the site is 8 PG & E substation and @
DlU|dp|e-h3Dli|y residential development (Albert Lofts). Lincoln /\veDU8 and LiDd8P0 Street /cO||e[tOr
streets) intersect the project site in 8 north -south direction, splitting the 15.5 -acre property into three large
p8[Ce|S. 8e8 attached Vicinity/Site Map.
As shown on the attached vicinity/site 08p, the property is divided into three main p8[Ce|G: the CeDL[8|
p@[Ce| /CeDtr8| office building C80pUS\; the vV8S[e[n parcel (parking lot and structure west Of UndGrO
Gi[Set); and the eastern p3[Ce| parking east of Lincoln /\veOU8. The CeOt[@| 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 G long-term 0OOi[O[iOg program (order) issued by the Department of Toxic
SUbg[3OCH COAtPD| /DTSC\. In 8SSOCi8tiOO with the []l -8C Order, 8 deed restriction is recorded for the
CeOt[G| and western parcels, which prohibits [BSideDd8| and child C8[e |8Od uses. The eastern parcel
was fO[0e[|y OVVOed by the City of G@D Rafael and OOCe was the Site of the City (|D[pO[8iiOO Yard.
Neighboring USeS include 8 PG &E substation and Albert Lofts Apartments to the west, Albert Park,
Mahon Creek and industrial uses to the south, and commercial uses to the east and north.
BACKGROUND
In 1990. the {}Uv Of San Rafael 8ppFOV8d @ master/development plan for the 15.5 -acre Site, which
permits the development Of 8 401,000-you8Fe-h]0t office park /GGO F<8f8e| Corporate Center). The office
park is approved for the d8Ve|0p[DeOt of five, 3 -4 -story office buildings On the D8ntn3| parcel (PO District
permits up to 406'000 square feet of office use sited between LiDCU|D Avenue and Und8nJ Streets) and
supportive surface and structured parking (total of 1.323 parking Sp8C88) 0Othe western and eastern
parcels (see Exhibit 2for master/development p|8n\. Land use and planning approvals for the office park
included: 8) establishment of Planned Development zoning district /PO1754 [}iGt[iCU SO|e|y applying to
the 15,54-@c[8 office park; b\ 8 K88StHr Use Permit; S\ an EDVinOn0eDt8| and Design Review Permit
approving the project layout, design and 8[Chit8CtUn3; and d\ 8 Tentative W18p authorizing division of the
|GDd to create 8 separate parcel for each office building.
AS project construction was expected to be phased over many years (which has OCCUrned), City
approvals included @ Development Agreement between the City and the property OvvDe[ The
Development Agreement was executed tOensure that land use and planning approvals remain valid for 8
nOiDiDlU[D Of 10 Ve8[S. In 2009. the Development Agreement was extended to vest project build -out to
September 28, 2013. The terms of this extension also include an Op[iOD for an additional extension
REPORT TOPLANNING COMMISSION -Case Nos: 2C11 -0O2 UPI 1-O33 DA11-001and B1i-Dt2 Page
through 2015. Regarding allowable land uses, the P[}1754 District and Master Use Permit approve the
office park for administrative and gemBnR| office use only. K8ediC@| office use is currently prohibited.
To deha, the first two phases of the San Rafael Corporate Center office park have been built (Office
Buildings A. B. C & D totaling 318.000 square feet, the western parking structure and surface parking
totaling yO7parking opacea\. The remaining phase Vfdevelopment that has yet tobeconstructed iaone
office building (Building E, 82,000 square feet) sited for the corner of Second Street and Lincoln Avenue)
and the eastern parking structure /on the eastern parcel - former Corporation Yard site, total of 818
parking Sp3CeG\. All planning permits and discretionary approvals have been secured for Building E.
The eastern parking S[rUCiUre has received p[S|i[DiO8ry design approval. The final design of this parking
structure must be reviewed and recommended for approval by the Design Review Board.
The San Rafael Corporate Center office park was subject to extensive environmental review. Prior to the
1SS8action, acomprehensive Environmental Impact Report was prepared and ultimately certified by the
City (Fair, |s3GC Office P8[h Project Final Environmental |0po[t Report). The FE|R provided the
following conclusions:
The office park development VVOu|d [8SUlt in three significant, unavoidable adverse
8DvinJDDlento| impacts to US101 traffic travel through Central Q8O Rafael, 8DeCJC8Uy' the
office park project would i0p@d: 8) southbound traffic during the AM peak along the US101
segments between North 88n Pedro Road and Lincoln Avenue and between LiDCO|D and the
Central San Rafael exit and b\ northbound traffic during the PM peak 8|ODQ the UG101
segment between 1-580 and the Central 88O Rafael exit. At the time, all three highway
S8g0eDtS Operated at capacity (LOS E/F CODdidOOS). In order to approve the office po[h
project, the City was required to 08k8 "findings of overriding consideration," meaning that the
community benefits of the project were weighed against the SigDific8Dt. unavoidable traffic
iOOp8dS.
2. The office park development would result iD8number 0fpotentially significant env[OD[Oental
impacts associated with GestheticS, geD|OQv/SOi|S' hydrology/water qu8|hv'
transportation/traffic, p8[hiOg. noise, biological nRSOUrceS. air quality, and hazardous
[D8t8ha|G. The FEIR recommended specific mitigation measures to reduce or eliminate these
impacts, which were [Oe[DOh8|ized in the @pprUV8\ of Mitigation Monitoring and Reporting
Program (K8K8RP) and required GG conditions of project approval. Nearly all of the mitigation
measures are linked tOsite development, sOmost have been implemented.
As discussed above, City 8Ctk]n UO the San Rafael Corporate Center included the approval and
execution Uf@Development Agreement. This agreement includes @ number Ofagreed requirements and
obligations Ofthe developer such as:
)� The iOEJ8U8tiOn of needed t[8DSpOrt8ti0D irDp[Vve[DeDtS in the [)OvvDtOVVD area (in GdUibVD to
required traffic mitigation fees). The iO0p[OveDleDtS, which have been iOSta||ed, include the
widening of2»d Street /8ddidOOG| t[8Ve| and turning \an8S\. widening Lind8[O Street and installing
8 mid -block traffic signal and safe -travel r8v�| ped8StriGn CnDSSiDg between 2 Street and Andersen
drive, and 8pedestrian crossing OOLincoln Avenue.
Apublicly-accessible park and trail along the southern edge Ufthe office campus abutting Mahon
Creek. This area is open to the public from dawn to dusk,
)~
Public parking use of the western parking lot and garage during evening hours and weekends.
REPORT TDPLANNING COMMISSION -Case Nos: ZC111'002,UP11-033 DA11VU1and KS11-UU2 Page
Expand Allowable Land Uses
The project proposes tointroduce medical and naeemroh and development uses hzthe mix ofallowable
office uses for the San Rafael Corporate Center. The expanded uses are described as follows:
Medical Use. Medical use is defined as nledkcG| office, clinic Or rnediC@| k3 kjavtOOe,
testing services for patients/visitors). /\total of 68,068 square feet of rnediuoi use is proposed
as an G||OvxaOcR. meaning that of the total 401'000 square feet Of Office p8d« area CUmeOUy
approved for general and administrative office use, up to 68,068 square feet could be used for
medical use. The modification proposes that the medical use allowance be generally applied
to the office p8[h and that it not be approved for any one building or concentrated in any one
area of the park site.
Z. Research and Development. Research and Development use is defined as use engaged in
S[j8OtUiC. medical or technological research with limited product testing and production. This
use excludes full production industrial -type rD@DVf8[tU[iDg and generally operates similar to
and characteristic Of |Qm+inteOSity, general office use. Medical |8bO[GtOrieS established for
neS8@rCh (8S opposed to |@bS providing testing services for patients/visitors) vvVu|d be
considered 8research and development use.
Neither uses are in conflict with the land Use deed restriction recorded on the property. Further, the
project proposes DO physical changes to the approved 88D Rafael Corporate Center office park. NO
changes are proposed to the approved site p|3O' architecture, building |8yOUL or final CODStruCƒ|On
phasing that would trigger and amendment to the approved Environmental and Design Review Permit.
Parking Reduction for Proposed Medical Use
The pn]pOS2| includes @parking reduction request for the medical use component. The research and
development Use component shares the same parking requirement 8Sthe currently approved general
and administrative office use (3.3 SpGceS/1000 QrOSS square feet). The parking reduction for medical
use proposes application of the 3.3 parking space per 1,000 gross building square foot standard, which
is the parking ratio that is currently required and approved for multiple -tenant, general and administrative
office use a[this site. The San Rafael K8UDiCip8| Code requires 84.4 parking 8pGCS per 1,000 gross
building square footage [8do for nnediCG| use. The pn}pOS8d parking rate would F9Su|t in G parking
reduction of 5-6% from that required under the City code for the entire office park CO0p|eX. The following
table provides a breakdown on the current and proposed parking, as well as the reduction amount that is
being requested for approval:
+ San Rafael Municipal Code Chapter 14,18 (Parking)
REPORT TO PLANNING COMMISSION - Case Nos: ZC1 1-002, UPI 1 -033, DA1 1 -001 and ISI 1-002 Page 5
Planning Applications:
The project requires the following actions:
➢ Amendment to PQ District Zoning (ZCII-002). An amendment to the current PD1754 District
zoning is required to allow medical and research and development uses. As noted above, the
current zoning limits the office park use to administrative and general office use.
➢ Amendment to Master Use Permit (UP11-033). An amendment to the Master Use Permit is
required to allow medical and research and development uses. As noted above, the current
Master Use Permit (UP97-10b) limits the approved land uses to administrative and general office.
The amendment would permit a use mix that includes up to 68,068 square feet of medical use in
the office park. Further, the amendment to the Master Use Permit is requested to approve the
proposed parking reduction for medical use.
Amendment to Development Agreement (DA11-001). An amendment to the executed
Development Agreement is proposed to incorporate the currently proposed use mix. In addition,
other terms are proposed to be amended as they are obsolete or need to reflect current
ordinance numbers.
ANALYSIS
San Rafael General Plan 2020 Consistency:
The project has been reviewed for consistency with the San Rafael General Plan 2020. The proposed
medical and research and development uses would be consistent with the General Plan goals and
policies that are pertinent to the site and use. A summary of the project's consistency with key policies
(from the Land Use, Circulation, Neighborhood and Sustainability Elements) is provided as follows:
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. Medical and research and development 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.
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.
NH -38. Lindaro Office District.
This policy encourages a mix of compatible land uses for the office park site, and City -sanctioned
street closures for festivals, parades, and block parties.
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.
REPORT TOPLANNING COMMISSION -Case Nos: ZC11'002 UP11-O33,DA1i-0Dand IS11-VO2 Page
SU -1. Land Use.
Sustainability Element Policy SU -1 encourages land U8e3 that increase commercial intensities (e.g.,
employment) within walking distance of high frequency transit centers and corridors.
Consistent. The projectpropouedtobroodenthemixofe||ovvableumaeatthe Corporate
Center, which is in immediate proximity and xV8|kiOg distance to the 0etiOi Tr8DSU Center and
planned SMART rail station.
Zoning Ordinance Consistency:
Amendment to PD -1754 District
The project site ig SO|e|y nBQU|8Led by the Planned Development (PD -1754) zoning district that is adopted
for the @@O Rafael Corporate Cerd8[ The proposed @0RDd0eOt8 to the PD -1754 District would expand
the allowable uses atthe project eite; these uses are consistent with the San Rafael General Plan 2O2O.
The |8Dd uses and development StGDd8ndG for this zoning district are listed in Exhibit A of the PD -1754
District 0ndiD8DC8. Amendments to Exhibit of this ordinance are proposed (See Attachment 2). which
include the following:
The expanded land uses (medical and research and d8Vel0p[DenA.
2. Revisions h}the development standards for required on-site parking. The revisions proposed to
eliminate the Dl1OiDlUDl parking [eqUineDO8DL Of 3 p@ddnQ spaces per 1'000 SqU8ne feet of gross
building area (initially required for Fair, Isaac Company, 8 single -campus tenant), but maintain the
33 parking space per 1.000 square foot standard required for 8 multiple -tenant campus. The
proposed parking standard would apply tOall allowable uses.
3. Edits to update iDfOnmghOO such as new permit file nunlberS. updated reference dates and
corrected iOfODn8hVD about overall office pad( square footage (bUi|d-oUt814O1.00OSfinstead Of
400.000 sM. Please note that the "Terms" section of Exhibit has been deleted. This section
was prepared and adopted prior to the 8XecudOO of the Development Agreement between the
City and the property owner, SOthis section iSnow moot.
Use Consistency with Zoning
AS amended, the proposed [DHdiC8| and research and development |8Dd uses would be consistent with
the PD -1754 District. Amendments to the Master Use Permit are proposed and presented in the
attached draft resolution (Attachment 3), which include the following:
CODdkiOO 1 (pages 3-4 and 3-E) has been revised to list the three allowable |8Od uses. AS
nlBdiC@| Use VYOU|d result in the generation of new AK4 and PM p88h hour trips, COOdibOD 1b
requires the payment of citywide traffic mitigation fees that would be required for new medical use
tenants as the initial square footage 3\|OVY@Dce is filled. This fee vvOU|d be paid as the first
medical tenants occupy office Sp8Ce' until the 68.068 square feet Cfmedical use occupancy has
been reached. Once the Dl8diCa| use 8||VvvaDCe has been reached, any future change in use
from 8Oexisting medical use tOanother medical use, nOtraffic mitigation fees would berequired.
2. Condition 5 (page 3-7) addresses the revisions in the off-street parking to specify a required ratio
of 3.3 parking spaces per 1,000 gross square feet of building area. AS @ parking [eduCdOD is
proposed for the OUediQ3| use CO0pOOeDt' the condition [eqUi[SS periodic monitoring to ensure
that the parking supply exceeds demand. The condition also includes contingencies measures iD
the event addition parking is needed to meet demand. 88e separate Sub-S8CiiQA below for an
expanded discussion 0fthe parking reduction.
REPORT TO PLANN|NGCOMMISSION-Case Nos: ZC11-002,UPI 1-033, DM1-001and IS11'002 Page
3. Condition 7 (page 3-8) addresses the Transportation Systems Management Program (TSM) that
was required with the initial approval of the office park. Since then, o T8K8 program has been
prepared and approved by the City. Condition 7 has been revised to acknowledge the T-8yW
approval.
4. No changes have been made to the other, presently approved Master Use Permit conditions.
Other conditions vvh\dl neDlgiD uOCh@Og0J include condition 4 (pages 3-5 and 3-0). Condition 4
requires the property owner to: e\ maintain and provide public ucmaee to the private park area
fronting Mahon Creek; and b\ a|{ovv public use of the private park area and 2.500 square feet of
conference and meeting room space in Building A (790 Lindano Street) for special events and
Parking Reduction
Consistent with SRK8C Section 14.18.040B' the City Traffic Engineer has studied the parking needs for
the project fiOdiOgth2t[he5-O96pa[hiDgredVCtiOniSjUstified@nd8ppn}phatefO[LhHh]UOwiDgre8soOS:
1. The currently adopted StGDd8nd 0f3.3 parking gp8C8S per 1.000 square feet Ofbuilding area is
consistent with the medical use parking StGDd3nd studied and [8CODlDl8Dded by the Institute Of
Transportation Engineers /|TE>. The ITE standards are based oncase studies ofdeveloped land
uses, and are widely used bylocal agencies and licensed traffic engineers.
2. The 5-096reduction iDthe parking requirement is8nominal amount. Further, such reductions are
encouraged when 3 large site is developed and occupied with a mix Of |GDd uses that have
different peaks iOparking demand.
3. The approvals and agreements established for the San Rafael Corporate Center require that the
existing vveS[e[D parking lot and structure be made @V8i}Gb|e for public use during the evening
hours and DDweekends. The parking reduction would not conflict with this agreement in that the
peak parking use periods for medical use are during weekdays.
4. The San Rafael Corporate Center is in immediate proximity to the B8ttiDi Transit Center (03SS
transit hub for Marin County) and the planned SMART [8i| station. The immediate access to
mass transit reduces parking demand, which appropriately supports lower parking standards.
Development Agreement
The revisions to the Development Ao[8eFDeOt are outlined in the 8ttaChed, draft r8SO|Uti0D(Attachment
4\. The revisions are hOli[8d to iDc0[pO[@tiOO of the expanded land USeG and minor revisions to t8[[OS.
Nomajor ch8DgeStOth8DeV8|OpmeDtAoree0eD[8[epnOp0Sed.
ENVIRONMENTAL DETERMINATION
The iOib8| review and 8ppn3Va| for the San Rafael Corporate Center deV8|VpnleD[ was subject to a
lengthy and tBChDiC8| eOvirUDnneDia| review process. AS discussed in the B8Ckon0UOd section of this
staff report, in 1998 the Fair, Isaac Final EOVi[000eOt8| Impact Report (FE|R) was prepared /8Dd
certified) assessing numerous issues and topic areas associated with the development of this office park,
The proposed addition of medical and research and development land uses to the office park requires an
amendment to the Planned DeV8|OpnneOt /PD -1754\ District and Development Agreement, which are
subject to 8DVinOn0eDta| review. Per California Environmental Quality Act (CE(]A) Guidelines GeCti0OS
15003 (Initial Study), an Initial Study has been prepared finding that the project will not [eSU|t in GDV
potentially significant eDVir0DnOeDt8i i0p8CtS. nor r8SU|t in new mitigation 0eaSU[eS based QO the
REPORT TO PLANNING COMMISSION -Case Nos: ZC11-002, UP11-033, DA11-001 and IS11-002 Page 8
The project was reviewed against impacts identified and mitigation measures included in the
certified 1998 FEIR. The purpose of this review was to determine if the project would result
in: new significant impacts; an increase in the severity of impacts; or new or expanded
mitigation measures from those analyzed and determined in the 1998 FEIR. This review has
concluded that none of the conditions analyzed under the FEIR have changed, nor does the
proposed project result in any significant environmental impacts that require new or expanded
mitigation measures. In addition, since the 1998 FEIR certification and approval of the
project, the US 101 Gap Closure Project (additional travel lanes, HOV lanes, etc. completed
by Caltrans) has been completed for the US 101 segments through the Central San Rafael.
As a result, the significant, unavoidable traffic conditions for the highway segments have been
corrected and these segments now operate at acceptable service levels. Therefore, no new
or additional findings of overriding consideration are required to approve the proposed land
uses.
2. A traffic study was prepared by the City Traffic Engineer to analyze trip generation and
potential impacts on the local intersections. The City Traffic Engineer focused this study on
the proposed medical use (68,068 square foot allowance) and did not complete traffic
modeling for the proposed research and development use. It was concluded that the
introduction of research and development (as defined above) would result in trip generation
and distribution similar to or less than the currently approved administrative and general office
use; therefore, this use is part of the baseline conditions for study. The traffic study
determined that the allowance for up to 68,068 square feet of building area for medical use
would generate up to 51 AM and 164 PM peak hour trips. The study modeled the projected
traffic finding that the increase in trips would not change the LOS conditions at local,
signalized intersections or arterial segments. As discussed above, the medical use would be
subject to citywide traffic mitigation fees, which is outlined in the amendments to Master Use
Permit UP11-033 (Attachment 3).
3. A quantitative greenhouse gas emissions (GHG) analysis was completed. The analysis
concludes that the collective annual emissions from the project fall below the threshold for
significant GHG emission impacts established by the Bay Area Air Quality Management
District.
Consistent with CEQA Guidelines Section 15073, the Initial Study/Negative Declaration was published
and made available for a 20 -day public review period. The public review period closes with the closure
of the October 25, 2011 Planning Commission public hearing. To date, the City has received no
comments on the Initial Study/Negative Declaration.
NEIGHBORHOOD MEETING / CORRESPONDENCE
No neighborhood meeting was held on this project. 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, 20 calendar days prior to the date of all meetings, including this hearing.
(Exhibit 5). To date, no correspondence has been received.
s
The Planning Commission has the following options:
1. Recommend approval of the applications as recommended.
2. Recommend approval of the applications with certain modifications, changes or additional conditions
of approval.
REPORT TO PLANNING COMMISSION -Case Nos: ZC11-002, UPI 1 -033, DA11-001 and ISII-002 Page 9
3. Continue the applications for additional information or response to the Commission comments or
concerns.
4. Deny the project applications and direct staff to return with a revised resolution.
EXHIBITS
W:/ ... /San Rafael Corporate Center/srcc.PC Staff Report_10 25 11
ATTACHMENT 7
City Council Public Hearing Notice and Notification List
December 5, 2011
Marin Independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415)382-7335
legals@marinij.com
SAN RAFAEL,CITY OF
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
WORKS, 1400 FIFTH AVE
SAN RAFAEL CA 94915-1560
STATE OF CALIFORNIA
County of Marin
FILE NO. 0004236350
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
11/18/2011
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 18th day of November, 2011.
J
Signature
Legal No. 0004236350
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
You are invited to attend the City Council hearing
on the following project:
PROJECT: 750-790 irndaro Sheet / 781.791 Lincoln
Ave (San Rafael Corporate Center) - Request(s) for
amendments to the approved Planned Develop-
ment (PD -1754) zoning district, Master Use Permit
and Development Agreement for the San Rafael
Corporate Center, an approved and largely -
developed 401,000 square -foot, general and a min-
istrative office complex. The amendments propose
to expand the allowable uses to include medical
use (up to 68,000 square -foot portion of the ap-
proved complex), as wen as researcn ano develop-
ment use. The request includes a reduction from
the required parking for the medical use compo-
nent (5-6% reduction for the office park complex).
The project proposes no physical changes or im-
provements to the approved and largely devel-
oped office complex- APN: 013-021-34,35,50,51, 52,
53 54 & 55; Plannea Development (PD -1754) Dis-
trict; SR Corporate Center Phase I, LLC,
owner/applicant; File No(s): ZC11-002; UP11-003;
DA11-001.
As required by state law, the project's potential
environmental impacts have been assessed. An In-
itial Study/Negative Declaration has been pre-
pared to assess the impact of the project, which
meets the provisions of the California Environmen-
tal Quality Act (CEQA). A 20 -day public review and
comment period on the adequacy of the Negative
Declaration has been observed. Copies of the ini-
tial Study/Negative Declaration are available for
review at the Community Development Depart-
ment.
HEARING DATE,
Monday, December 5, 2011 at 8-00 P.M.
LOS,
OCATIN:
San Rafael City Hall - City Council Chambers
1400 Fifth Avenue at "D" Street
San Rafael, California
WHAT WILL HAPPEN:
You can comment on the project. The City Council
will consider all public testimony and decide
whether to approve or deny the project applica-
tions.
IF YOU CANNOT ATTEND.
You can send a letter to the Office of the City
Clerk, City of San Rafael, P.O. Box 151560, San Ra-
fael, CA 84415-1560. You can also hand deliver it
at (415) 485-
5064 or paul4ensenLatyotsanratae6org. You can
also come to the Planning Division office, located
in City Hall, 1400 Fifth Avenue, to review the proj-
ect fife and application materials for the proposed
project. The office is open from 8:30 a.m. to 5:00
p.m. on Monday and Thursday and 8:30 am. to
12:45 p.rrL on Tuesday, Wednesday and Friday.
You can also view the staff report after 5:00 p.m.
on the Friday before the meeting at
http*//www.cityofsanrafael.org/meetings
SAN RAFAEL CITY COUNCIL
/s/ Esther Beirne
Esther Beirne
CITY CLERK
NO. 1824 Friday, November 18, 2011
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CITY OF SAN RAFAEL
ROUTING SLIP 1 APPROVAL FORM
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO.
DATE OF MEETING: December 5, 2011
FROM: Paul Jensen, Director
DEPARTMENT: Community Development Departyment
DATE: November 28, 2011
TITLE OF DOCUMENT: 750-790 Lindaro Street & 781-791 Lincoln Avenue (San Rafael Corporate Center)
Dep*tment Head (signature)
APPROVED AS COUNCIL / AGENCY
AGENDA ITEM:
City Manager (signature)
11.00UWATOM
Kiil!1112 INN si � li * " . •..
APPROVED AS TO FORM:
L- j '1t�
City Attorney (signature) I U