HomeMy WebLinkAboutOrdinance 1902 (Corp. Center 2nd Amended Development Agr.)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing:
Charter Ordinance No. 1901 entitled:
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 - ZC11-002
(APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55)
Charter Ordinance No. 1902 entitled:
And
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 - DA11-001
(APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55)
are true and correct copies of Ordinances of said City, and were introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 5th day of December, 2011, a
SUMMARY of Ordinance Nos. 1901 and 1902 were published as required by City Charter in the
MAR1N INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and
passed and adopted as Ordinances of said City at a REGULAR meeting of the City Council of
said City, held on the l9th day of December, 2011, by the following vote, to wit:
AYES
COUNCILMEMBERS:
Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
WITNESS my hand and the official
seal of the City of San Rafael this
23rd day of December, 2011
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1902
AN ORDINANCE OF THE CITY OF SAN RAFAEI. APPROVING A SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA97-1) FOR THE SAN
RAFAEI. 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
DA11-001
(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
Rafacl. 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. "file 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 ofthe 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 halve 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 I..LC, 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 t11e SUbsegUent amendment are on file with the offices of the City Clerk and are
available 101- 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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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 COUnCllmembers 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 ordinance amendn lit along with the names of'
those Councilmembers voting for or against the amendi ent.
A O. PH L/k,,y116S, 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°i day of' December 2011, and was ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Connolly, I leller, 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'x' day of December 2011.
Attachment: I.xhibit A ESTHER C. BEIRNE, City Clerk
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Recording Requested By,
And When Recorded Please
Return to:
City Clerk
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
FKORD WITHOUT
FEE PER G.C. 27383
Recorded I REC FEE
Official Records I
County of I
Marin I
RICHARD N. BENSON I
Assessor -Recorder I
Ce,.i Clerk I
is
10:50AM 08-t=eb-2012 I Gage 1 of 4
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 Janim ry 1C) , 2=_ _ , 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.
B. 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.
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Exhibit A
0.00
E. On May 17, 2011, SRCC applied to the City to amend the zoning and the Master Use
Permit 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.
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
underlinei'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 Apareement Section 1.20. Upon the effective date of the
City's approval of the May 17, 2011 applications for rezoning and amendment to
2
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 Develop_ Ment 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.
3
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.
G. 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 1 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.
APPROVED AS TO FORM:
By: L Q _— _ E
Robert F. Epstein, Ci y Attorne
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CITY OF SAN RAFAEL
By:
OA,VO. P. iIS s, Mayor
ATTEST:
Esther C. BeirjteT. Cle'r'k
SAN RAFAEL CORPORATE CENTER
PHASE ONE, LLC
By:
SAN RAFAEL CORPORATE CENTER
PHASE TWO, LLC
By: --
Exhibit A