HomeMy WebLinkAboutOrdinance 1981 (999 3rd Street - Adopting a Planned Development Rezoning)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 1981
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING AN AMENDED
PLANNED DEVELOPMENT (PD) REZONING (ZC18-002) FOR THE SAN RAFAEL
CORPORATE CENTER (SRCC) PLANNED DEVELOPMENT, INCLUDING THE
RESCISSION OF THE PD 1936 DISTRICT, BY ADOPTION OF A NEW PD DISTRICT
TO: 1) ALLOW EXPANSION OF THE CURRENT SRCC PD DISTRICT BY
INCORPORATING THE 118,099 SQ. FT. OF THE 999 3RD STREET PROPERTY INTO
THE BOUNDARIES; AND 2) UPDATE PD DISTRICT REGULATIONS TO
INCORPORATE REVISED PARKING STANDARDS AND DEVELOPMENT
REGULATIONS TO ALLOW THE DEVELOPMENT OF TWO 72-FOOT TALL, FOUR-
STORY RESEARCH AND DEVELOPMENT BUILDINGS (APN 011-265-01 AND 013-
021-34, 35, 50, 51, 52, 53, 54 & 55,)
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 23rd day of March 2020;
a SUMMARY of Ordinance No. 1981 was published as required by City Charter in the
MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 6th day of April 2020, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
13th day of April 2020
_______________
LINDSAY LARA
City Clerk
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ORDINANCE NO. 1981
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING AN AMENDED PLANNED
DEVELOPMENT (PD) REZONING (ZC18-002) FOR THE SAN RAFAEL CORPORATE
CENTER (SRCC) PLANNED DEVELOPMENT, INCLUDING THE RESCISSION OF THE PD
1936 DISTRICT, BY ADOPTION OF A NEW PD DISTRICT TO: 1) ALLOW EXPANSION OF
THE CURRENT SRCC PD DISTRICT BY INCORPORATING THE 118,099 SQ. FT. OF THE
999 3RD STREET PROPERTY INTO THE BOUNDARIES; AND 2) UPDATE PD DISTRICT
REGULATIONS TO INCORPORATE REVISED PARKING STANDARDS AND
DEVELOPMENT REGULATIONS TO ALLOW THE DEVELOPMENT OF TWO 72-FOOT
TALL, FOUR-STORY RESEARCH AND DEVELOPMENT BUILDINGS
(APN 011-265-01 AND 013-021-34, 35, 50, 51, 52, 53, 54 & 55,)
WHEREAS, in February 1998, the San Rafael City Council adopted a Planned
Development District (PD-1721) approving a Master Plan for the development of a 406,000
square foot office park on a 15.54-acre site located south of Second Street in Downtown San
Rafael (the “SRCC Property”). The PD-1721 District established zoning and standards for
development of the subject property with the San Rafael Corporate Center office park (SRCC),
consisting of five buildings (totaling 406,000 square feet), two parking structures, surface
parking, campus landscaping and publicly accessible park area along Mahon Creek; and
WHEREAS, in August 2000, the 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 SRCC. The amended Planned
Development District was rezoned to PD-1754; and
WHEREAS, in October 2011, the City Council adopted an amendment to the Planned
Development (PD-1754) District to expand the allowed land uses for the SRCC to include
medical use and research and development and allowed the adopted parking standard of 3.3
parking spaces per 1,000 in the Master Plan (instead of 4.4 parking spaces per 1,000 sq. ft. for
medical office). The amended Planned Development District was rezoned to PD-1901; and
WHEREAS, in October 2015, the City Council adopted an amendment to the Planned
Development (PD-1901) District approving a 72,396 square foot, 54-foot tall, four-story office
building at 755 Lindaro Street on the western parcel surface parking lot (Parcel 1) and a six
story expansion of the previously approved and built parking structure at 788 Lincoln Ave.
(Parcel 8) of the SRCC. The build-out of the approved campus totals 478,396 sq. ft. allowed by
the PD 1936. The amended Planned Development District, PD-1936, is the zoning currently
governing the SRCC Property; and
WHEREAS, between 2000 and today, the SRCC Property has been developed in
various phases. The last office building (5th of 6 entitled) and the second parking garage
approved were constructed in 2015-2016 under the terms of the Planned Development (PD-
1901) District. The build-out of the approved campus totals 400,700 sq. ft., which is 5,300 sq. ft.
less than the 406,000 sq. ft. allowed by the PD 1901; and
WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin) submitted
project applications to the City of San Rafael Community Development Department for a
General Plan Amendment (GPA18-001), Planned Development (PD) Rezoning (ZC18-002),
Zoning Ordinance Text Amendment (ZO18-003), Development Agreement (DA19-001), Master
Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087), Small
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Subdivision (S18-001), and Sign Program Amendment (SP18-006) for the development of two
72-foot tall, four-story Research and Development buildings for BioMarin and a 67-unit, 70-foot
tall, six-story senior center and affordable senior housing building for Whistlestop/EDEN
Housing on a 133,099 sq. ft. parcel at 999 3rd Street (the “Project”); and
WHEREAS, the total development for BioMarin includes a request to incorporate
118,099 square feet of the 999 3rd Street property into the existing SRCC Property’s PD District.
The total site area of the proposed campus would be 795,021 sq. ft.; and
WHEREAS, the application to incorporate the portion of 999 3rd Street into the SRCC
campus and development of the two new buildings at 999 3rd Street, create a blended FAR
amongst all SRCC properties, and use a shared parking arrangement requires an Amendment
to the PD-1936 District; and
WHEREAS, on March 12, 2019, the Planning Commission held an appropriately noticed
public scoping hearing on the Notice of Preparation (NOP) for the preparation of an
Environmental Impact Report (EIR) to assess the impacts of the Project. The Planning
Commission directed staff to prepare an EIR for the Project pursuant to the California
Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to address the
following issues, Aesthetics, Air Quality, Biological Resources, Cultural resources, Geology and
Soils, Greenhouse Gas Emissions, Energy, Hazards and Hazardous Materials, Hydrology and
Water Quality, Land Use and Planning, Noise, Public Services, Recreation, Transportation,
Tribal Cultural Services, Utilities, and Project Alternatives; and
WHEREAS, the DEIR was completed and a Notice of Completion (NOC) was filed and
the DEIR made available and circulated for a 45-day public comment period, beginning on
August 9, 2019 and closing on September 23, 2019; and
WHEREAS, on September 24, 2019, the Planning Commission held a duly noticed
public hearing to accept comments on the DEIR and directed staff to prepare a Final
Environmental Impact Report (FEIR); and
WHEREAS, the Final EIR was prepared and released for public review on January 10,
2020; and
WHEREAS, on January 28, 2020, the Planning Commission held a duly noticed public
hearing on the Project, including this Planned Development Rezoning (ZC18-002), along with a
General Plan Amendment (GPA18-001), Zoning Ordinance Text Amendment (ZO18-003),
Development Agreement (DA19-001), Master Use Permit (UP18-034), Environmental and
Design Review Permit (ED18-087), Small Subdivision (S18-001) and Sign Program Amendment
(SP18-18-006), accepting all oral and written public testimony and the written report of the
Community Development Department Planning staff; and
WHEREAS, on January 28, 2020, the Planning Commission considered the responses
to comments contained in the FEIR and recommended to the City Council, by Resolution No.
20-01, certification of the Final EIR in that it complies with all requirements of CEQA; and
WHEREAS, on January 28, 2020, the Planning Commission adopted Resolution No. 20-
05, recommending to the City Council approval of the proposed Planned Development
Rezoning; and
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WHEREAS, on February 28, 2020, a Notice of Availability for the FEIR/Response to
Comments was mailed to interested persons and property owners and occupants within 500
feet of the property and to all responsible, trustee and other public agencies that commented on
the DEIR, informing them of the City Council hearing for final action. A Notice of Availability was
also published in the Marin Independent Journal on Saturday, February 29, 2020 and the site
was posted with public hearing signs; and
WHEREAS, on March 23, 2020, the City Council held a duly noticed public hearing to
review the application to amend the PD-1936 Zoning District and considered all oral and written
public testimony and the written report of the Community Development Department; and
WHEREAS, on March 23, 2020, by adoption of separate two resolutions, the City
Council certified the FEIR for the Project, adopted CEQA findings of fact, adopted a statement
of overriding consideration and approved the Mitigation Monitoring and Reporting Program
(MMRP); and
WHEREAS, as required by San Rafael Municipal Code (SRMC) Sections 14.07.090
and 14.27.060, in support of amending the Zoning Ordinance to rescind the existing Planned
Development (PD) District (PD-1936) and Second/Third Mixed Use East (2/3 MUE) District, as
shown on the map contained in Exhibit “B” and further described in Exhibit “C,” and to establish
a new PD District as outlined in Exhibit “A” (San Rafael Corporate Center Master Plan), which
exhibits are attached and incorporated herein by reference, the City Council makes the following
findings:
1. As proposed and conditioned, approval of this PD Amendment to expand the allowable
uses to include an additional 207,000 square feet of laboratory and general office uses
in two 72-foot tall, four-story buildings, on 118,099 square feet of 999 3rd Street, 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-1936 District, as amended.
Specifically:
a. As proposed, the laboratory and office land uses are consistent with General Plan
Land Use Element Policies LU-23 (Land Use Map and Categories), LU-10 (i), LU-9
(Intensity of Nonresidential Development), LU-12 (Building Heights), 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-1936 District adopted for this site; and compatible with existing land uses found
in the surrounding area. In addition, by separate action, the City Council has
approved a height bonus and an accompanying General Plan amendment.
b. Although the proposed Project will conflict with Circulation Element Policies C-5
(Traffic Level of Service Standards), the City Council has adopted by separate
Resolution a waiver to the LOS standards for this Project consistent with C-5e,
based on a finding that the benefits of the Project outweigh the impacts.
c. The Project would be consistent with C-7 (Circulation Improvements Funding) and C-
12 (Transportation Demand Management) in that the office use component would be
subject to the adopted citywide traffic mitigation fees which would be used to fund
long-term transportation improvements; and the Project would not change the 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.
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d.As proposed, the laboratory and office land uses would be consistent with General
Plan Neighborhood Element Policies NH-15 (Downtown Vision), NH-16 (Economic
Success), NH-38 (Lindaro Office District) and NH-8 (Parking) in that they 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 SMART rail stations.
e.As proposed, the laboratory and office land uses would be consistent with the
General Plan Community Design Element Policy CD-21(Parking lot landscaping) in
that: the uses proposed will have an approved landscaping plan that will provide
shade cover and adequate screening of vehicles within parking lot areas.
f.As proposed, the laboratory and office land uses would be consistent with the
General Plan 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 of transportation demand measures such as encouraging tenants,
through incentives, to carpool and use public transit.
g.The approval of additional laboratory and office land uses would be consistent with
Our Vision of Downtown San Rafael in that it would further promote new businesses
and employment in the Downtown area.
h.The approval of laboratory and office land uses would be consistent with the PD-
District, as amended by this PD rezoning.
2.The proposed additional laboratory and office 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, laboratory, and general office uses. 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. No
residential uses would be included on the 118,099 sq. ft. land area addition to the
San Rafael Corporate Center.
c.The addition of these land uses would realize the development of a vacant downtown
parcel that is contemplated for laboratory and general office uses. The Corporate
Center is adequately served by local facilities and utilities and the proposed land
uses would be an extension of the ongoing operations.
3.The proposed addition of laboratory and general office land uses will result in a reduction
in parking ratio requirements currently adopted in the San Rafael Corporate Center
Master Plan (3.3 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
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14.18.040B, the Project has been studied for parking needs for laboratory, office, and
amenities uses at this location finding that the use of the proposed parking standard for
the office park is reasonable, appropriate and adequate in that:
a.The proposed parking standard of 3.0 parking spaces per 1,000 square feet of gross
square feet (GSF) for office, 1.5 parking spaces per 1,000 square feet of GSF for
laboratory/research and development, and 1.0 spaces per 1,000 GSF of amenities is
equitable and logical based on the parking study demand and usage on the existing
BioMarin campus and studies and usage for other biotech campuses around the Bay
Area as documented in the parking demand study for the proposed project.
b.The approvals and agreements established for the San Rafael Corporate Center will
require a parking contingency plan should the office park be used for multi-tenants or
converted from laboratory land uses. The project owner will be required to
demonstrate available parking upon sale of the property or conversion from BioMarin
(a single tenant) to multi-tenant uses.
c.The San Rafael Corporate Center is in immediate proximity to t he Bettini Transit
Center (major transit hub for Marin County) and the Downtown San Rafael SMART
rail station. The immediate access to mass transit reduces parking demand, which
appropriately supports lower parking standards.
4.The proposed uses are found to be appropriate in area, location and overall planning
for the purpose intended, and the design and development standards create a non -
residential environment of sustained desirability and stability given that the Project is
located on a centralized , downtown, vacant, infill-parcel contemplated for development
in the General Plan along a major arterial road. The proposed uses are consistent with
the surrounding development and the existing BioMarin campus at the San Rafael
Corporate Center. The proposed Project uses high quality design materials and has
been reviewed by the Design Review Board for recommendation of approval. The
proposed Project will allow for growth of a major employer in the downtown area.
5.The applicant demonstrates that public fac ilities are provided to serve the anticipated
population as documented in the Final EIR for the proposed Project and based on
review by City departments for Code consistency regarding sewer, water, and other
utilities. The proposed project is located in the downtown area of San Rafael where
existing infrastructure is already in place to serve the Project site.
6.The development is improved by deviations from typical zoning ordinance property
development and parking standards given that it functions as a campus for a large
biotechnology company and promotes high quality design, including clustering,
landscaping, and parking sharing across the campus, and allows for flexibility of height
and FAR standards.
7.The auto, bicycle, and pedestrian traffic system is adequately designed for circulation
needs and public safety and emergency vehicle access is provided to serve the
proposed development based on review by City departments including Police and Fire.
The proposed access points have been reviewed by City d epartments for Code
consistency. Improvements to the bike and pedestrian networks in the surrounding
area are included as part of the Project. Although the Project deviates from Level of
Service standards as documented by the Final EIR for the proposal, th e project has
been approved by separate actions, including a Exception to LOS standards and a
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statement of overriding considerations for circulation impacts which remain significant
and unavoidable impacts .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY
ORDAIN AS FOLLOWS:
DIVISION 1. Amendment of Map.
The Zoning Map of the City of San Rafael, California, adopted by reference by Section
14.01.020 of the San Rafael Municipal Code is amended by reclassifying the following real
property from PD-1936 (Planned Development District 1936) and Second/Third Mixed Use East
(2/3MUE) District to PD (Planned Development Ordinance No. District. Said
property so reclassified is located at 999 3rd Street (portion of), 750, 770, 775 and 790 Lindaro
Street and 781, 788 and 791 Lincoln Avenue, designated as County Assessor’s Parcel No’s
(APN): 011-265-01 (portion of) and 013-021-34, -35, -50, -51, -52, -53, -54 & -55, as shown on
the map attached as Exhibit “B” and described in Exhibit “C”, which are attached and
incorporated by reference.
DIVISION 2. Conditions.
Any development of this property shall be subject to the conditions outlined Exhibit “A”, the San
Rafael Corporate Center Master Plan, which is attached hereto and made a part hereof.
DIVISION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or
more section, subsection, sentence, clause, or phrase be declared invalid.
DIVISION 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and shall
be in full force and effect thirty (30) days after its final passage. If published in summary form,
the summary shall also be published within fifteen (15) days after the adoption, together with the
names of those Councilmembers voting for or against same, in a newspaper of general
circulation published and circulated in the City of San Rafael, County of Marin, State of
California.
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_____
GARY O. PHILLIPS, Mayor
ATTEST:
_______________________
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1981 was introduced at a Regular Meeting of the City Council of the
City of San Rafael, held on the 23rd day of March 2020 and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the City Council to be held on the 6th day of April 2020.
__________
LINDSAY LARA, City Clerk
Exhibit A: Development Standards
Exhibit B: PD Map
Exhibit C: Property Description (Meets & Bounds)
Exhibit A-1
Exhibit A
San Rafael Corporate Center Master Plan
(Formerly Ordinance 1721, 1754, 1901, and 1936 Fair, Isaac Office Park Master Plan)
(ZC18-002)
INTENT
The San Rafael Corporate Center (formerly Fair, Isaac Office Park and currently known as
BioMarin San Rafael Campus) Master Plan is based on the plans (Development Plan) approved
for the Environmental and Design Review Permit (ED97-24, ED14-097 and ED18-087), Master
Use Permit (UP14-052 and UP18-034) and Tentative Maps (TS97-1 and S18-001), approved by
the City Council on February 17, 1998, August 7, 2000, December 5, 2011, October 19, 2015, and
March 16, 2020.
LAND USES
This office park permits a maximum of 715,500 sq. ft. of building area within 8 buildings approved
for the following uses: administrative office, general office, research/development uses, an d
accessory uses and parking.
1. Administrative and General Office Use. Administrative and general office uses as defined
by San Rafael Municipal Code Title 19 (Zoning).
2. 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.
3. 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.
In addition to the above buildings, the office park permits accessory parking structures to support
the proposed development. Requirements and conditions for all uses in the office park shall be
consistent with Master Use Permit UP14-052 and UP19-034. Residential and day care land uses
are prohibited by recorded deed restriction.
DEVELOPMENT STANDARDS
The following standards shall apply to all development of the San Rafael Corporate Center
(formerly Fair, Isaac Office Park and currently known as BioMarin San Rafael Campus):
1. Maximum floor area
ratio:
0.90 blended maximum floor area ratio, per Development Plan
approved under the office park Master Use Permit (UP18-034)
and Environmental and Design Review Permit (ED18-087).
2. Building Height:
Proposed buildings - Maximum 54 feet, plus an 20-foot building
height bonus for the two new buildings at 999 3rd St, based on
Exhibit A-2
provision of public benefit as addressed below..
Existing Buildings - Maximum 54 feet plus a 24 foot height bonus
previously granted by City for existing buildings within the
campus (750 Lindaro St, 770 Lindaro St, 790 Lindaro St and
791 Lincoln Ave on the Central Parcel). Master Use Permit
(UP14-052) (applicable to the Original SRC Property in the
Lindaro Office land use district) and Environmental and Design
Review Permit (ED14-097), as shown in General Plan Exhibit 10.
The building height bonuses requires public benefit provisions as
addressed below.
3. Landscaping:
Landscaping shall be consistent with the Development Plan
approved under the office park Environmental and Design
Review Permits (ED14-097 and ED18-087).
4. On-site Parking:
3.0 parking spaces per 1,000 gross square feet of office
area,
1.5 spaces per 1,000 gross square feet of
research/development area, and
1.0 spaces per 1,000 gross square feet of amenity area.
Compliance with and monitoring of on-site parking shall be
enforced through the conditions of the approval required by
the office park Master Use Permit (UP14-097 and UP18-034).
Parking Contingency: BioMarin will incorporate the following
provisions into an enforceable deed restriction for the entire
project site, Western parcels, Central parcels, Eastern Parcel and
northern Parcel (except the portion transferred to
Whistlestop/Eden Housing):
a. Changes in tenancy or use (type of use of change to
multiple tenants, rather than single tenant), expansion of
use(s), or expansion of floor area that create a parking
demand that is more than five (5) percent greater than the
number of required parking spaces approved under the
current Planned Development (PD) District shall provide
additional automobile parking, bicycle parking, and loading
space as required by this Planned Development (PD)
District and/or demonstrate to the satisfaction of the City
that an enhanced Transportation Demand Management
Program will meet the increased parking demand.
b. Existing parking shall be maintained, but may be replaced
in a reconstructed parking facility.
c. A change in occupancy is not considered a change in use if
the parking demand of the new occupant is essentially the
same as that for the occupant approved with Planned
Development (PD) District).
Exhibit A-3
5. Building
Coverage
Building coverage shall be consistent with the Developmen t
Plan approved under the office park Environmental and
Design Review Permit (ED14-097 and ED18-087).
6. Public
Benefits:
The existing SRCC development received height bonus for
four (4) of the buildings noted above in exchange for certain
public benefits, including provision of a privately maintained
park with public access adjacent to Mahon Creek and
conference/meeting room available to the public. (UP14-052)
In addition for the new development of the three buildings
(755 Lindaro, and two buildings at 999 3rd St), subdivision and
transfer of 15,000 sq ft of land to Whistlestop at the 999 3 rd St
site, a 6,000 sq ft “front porch” plaza open to the public and
3,000 sq ft retail space are to be provided in the 999 3 rd St
building as required by the Development agreement set forth
in the office park Use Permit (UP18-034).
Other public benefits required for the Development Agreement,
18 ft height bonus for the two buildings at 999 3rd St, Statement
of Overriding Considerations to CEQA Impacts are required as
described in DA19-001
7. Development
Phasing
The three unbuilt buildings and expansion of the Lincoln Ave
garage are to be phased within the 10-year term of the
Development Agreement (DA). See DA19-001 and UP18-034.
8. 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 Permit (UP14-052 and UP18-034)
9. Minor
Additions/
Accessory
Structures
Minor accessory structures or minor additions to the building that
are determined to be accessory to the primary use and minimal
in impact as determined by the Community Development
Director, may be considered through review and approval of a
Environmental and Design Review Permit, without an
amendment to the PD District.
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.
ED14-097 and ED17-057 shall govern the new building design at 755 Lindaro St
and the expansion to the Lincoln Ave parking garage; and
ED18-087 shall govern the design of the two new buildings at 999 3 rd St.
Exhibit A-4
TERM
This PD District and project approvals include a Development Agreement, as authorized by the
California Government Code Section 65864 et seq., therefore this PD shall be approved for the
term as defined by the Development Agreement, as long as there is compliance with all
requirements and obligations of the Development Agreement.
Exhibit B- 1
Exhibit B
PD Boundary Map
Exhibit C-1
Exhibit C
Legal 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 06°38'05" 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 83°33'00" east 123.00 feet, more or less, to the point
of beginning.
The bearings used are based on the Record of Survey filed for record May
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:
1. The "Exclusive Gas Meter Easement";
2. The "Nonexclusive Gas Meter Easement";
3. The "West Parcel Slurry Wall Easement";
4. The "Area SA Extraction Trench Easement";
5. The "Area SB Extraction Trench Easement"; and
6. The "West Parcel Electric Facilities Easement"; which are more particularly
described as follows:
Exclusive Gas Meter Easement
Exhibit C-2
Beginning at a point in the easterly boundary line of the parcel of land hereinbefore
described and designated PARCEL TWO, being also the westerly boundary line of said
Lindaro Street, from which the southeast comer of said PARCEL TWO bears south
08°53'00" west 329.67 feet; thence leaving said easterly boundary line:
(1) north 81°07'00" west 30.00 feet; thence
(2) north 08°53'00" east 30.00 feet; thence
(3) south 81°07'00" east 30.00 feet to a point in said easterly boundary;
thence along said easterly boundary line
(4) south 08°53'00" west 30.00 feet to the point of beginning.
Nonexclusive Gas Meter Easement
Beginning at the southwest comer of the parcel of land hereinbefore described and
designated 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 08°53 '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 corner of said Exclusive Gas Meter Easement; thence along the westerly
boundary line of said Exclusive Gas Meter Easement
(6) south 08°53 '00" west 30.00 feet to the point of beginning.
West Parcel Slurry Wall Easement
A strip of land of the 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 5-8.23 feet, more or
less, to a point in the southwesterly boundary line of said PARCEL TWO.
Area SA Extraction Trench Easement
Beginning at said Point "A" and running thence along the general westerly
boundary line of said PARCEL TWO
(1) north 06°38'05" east 273.54 feet
Exhibit C-3
to a point in the northerly boundary line of said PARCEL TWO, being also the southerly
boundary line of said Second Street, thence along said northerly boundary line
(2) south 83°33'00" east 19.63 feet; thence leaving said northerly boundary line
(3) south 05°41 '35" west 457.82 feet; thence
(4) north 84°18'25" west 27.16 feet; more or less,
to a point in the southerly prolongation of the general westerly boundary line of said
PARCEL TWO; thence
(7) north 06°38'05" east 184.60 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 comer of PARCEL TWO bears south 08°53 '00" west 157.56 feet; thence
leaving said easterly boundary line
(1) north 80°40'14" west 135.97 feet to a point within the boundary lines of
PARCEL TWO.
West Parcel Electric Facilities Easement and the Substation Access Easement
That portion of said PARCEL TWO lying westerly and southwesterly of a line
described as follows:
Beginning at said Point "A" and running thence along the southerly
prolongation of the general westerly boundary line of said PARCEL TWO
(1) south 06°38'05" west 269.32 feet; thence
(2) south 54°38'001 east 125.95 feet, more or less,
to a point in the easterly boundary line of said PARCEL TWO.
Exhibit C-4
"CENTRAL PARCEL"
(APN 013-021-51, 52, 53, 54 AND 55)
Reference: PARCEL ONE
The 8.280 acre parcel of land as shown upon the Record of Survey filed for
record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records.
Reserving 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 as shown upon said map has a bearing of
S8°53' wand a length of 421.24 feet, bears north 08°53 '00" east 364.35 feet;
thence leaving said westerly boundary line•
(1) south 76°44'52" east 70.89 feet; thence
(2) south 84°17'14" east 32.74 feet; thence
(3) south 79°31'32" east 111.67 feet; thence
(4) south 76°52'26" east 104.19 feet; thence
(5) north 87°55'06" east 104.33 feet; thence
(6) north 62°01'36" east 31.14 feet; thence
(7) north 46°27'46" east 23.10 feet; thence
(8) north 33°08'08" east 12.71 feet; thence
(9) north 19°37'58" east 36.67 feet; thence
(10) north 00°14'58" east 46.69 feet; thence
(11) north 10°10'3 l" west 41.35 feet; thence
(12) north 06°57'47" west 97.03 feet; thence
(13) north 04°56'07" west 42.24 feet; thence
(14) north 03°58'51" east 124.15 feet; thence
· (15) north 09°00'19" east 35.36 feet; thence
(16) north 08°34'17" east 106.14 feet; thence
(17) north 07°26'47" east 107.63 feet, more or less,
Exhibit C-5
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 08°53 '00" east 249.70 feet; thence leaving said
westerly boundary line.
(1)-south 80°42'05" east 14.39 feet; thence
(2) south 79°43'14" 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.
Exhibit C-6
"EASTERN
PARCEL" (APN
013-021-50)
All that certain real property situated 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°41 West 278.3 feet to the point of beginning.
EXCEPTING THEREFROM all that portion there of lying within the lines of Lincoln Avenue.
AND FURTHER EXCEPTING any portion of the above described property which may have
been tidelands in the bed of any tidal slough below the elevation of ordinary 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 6/10 of a foot to the most Westerly comer of that certain
lot or parcel of land which was conveyed by John W. Mackay and James L. Flood to the
City of San Rafael, by Deed dated June 5, 1893 and recorded in Book 26 of Deeds at Page
238, Marin County Records; thence along the Southwesterly line of said lot, South 38°041
East 278.3 feet to the most Southerly corner of said lot; thence along the Easterly line of said
lot, North 14°59 1 East 153.6 feet to the Southerly line of the Toll Road; thence Easterly
along the Southerly line of the Toll Road 6.6 feet to the Westerly bank of the said tidal canal
South 1 I 0431 West 289 feet; thence continuing along said Westerly bank on the arc of a
circle having a radius of 441.7 feet, 462.3 feet to the said Easterly line of Petaluma Avenue;
thence 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
Records.
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
Exhibit C-7
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 7° 15' West and South 8° 15' West, as said courses are
shown upon that map entitled, "Map of a Portion of Lindaro Street, City of San Rafael,
Marin County, California", filed for record March 2, 1937 in 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 510 00' 00" having a
radius of215.00 feet, an arc distance of 191.37 feet; thence North 47° 53' East 70 feet,
more or less, to the termination of the easement and also the Westerly line of Lincoln
Avenue, described as an arc 194.78 feet long in a Deed from the City of San Rafael to the
Pacific Gas and Electric Company, recorded October 18, 1961 in Book 1507 of Official
Records at Page 381, Marin County Records.
PARCEL FOUR
That certain real property situate in the City of San Rafael, County of Marin, State of
California, more particularly described as follows:
COMMENCING at the intersection of the southerly line of Second Street with the easterly
line of Lincoln Avenue, said point being located South 50°10'00" East 0.32 feet from a lead plug
and tag RE5561 set 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 83°33'00" East 1 40.70 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 51°37'29" East 98.68 feet to the westerly line ofParcel4,
conveyed to the San Rafael Redevelopment Agency by deed recorded October 30, 1997,
in Document No. 97-062019;
thence along said westerly line South 11°32'07" West 95.76 feet to the True Point of
Beginning;
Exhibit C-8
thence continuing along said westerly line South 11°32'07" West 189.48 feet; thence on
a curve to the right tangent to the preceding course having a radius of
441.70 feet through a central angle of36°0 I'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 ofO1°17'20", an arc length of 10.64
feet;
thence leaving said easterly line of Lincoln Avenue on a curve to the left whose radius
point bears North 31°36'30" West, a distance of315.00 feet, through a central angle of
50°24'27", an arc length of277J3 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 80°50'15" West 13.96 feet to the
Point of Beginning.
Said Parcel contains an area of 0.24 acres, more or less.
Exhibit C-9
"NORTHERN
PARCEL"
(Portion of APN
011-265-01)
Exhibit C-10
Legal No.
Marin Independent Journal
4000 Civic Center Drive, Suite 301
San Rafael, CA 94903
415-382-7335
legals@marinij.com
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:
03/28/2020
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Dated this 30th day of March, 2020.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
Signature
PROOF OF PUBLICATION
0006474251
2070419
CITY OF SAN RAFAEL
CITY OF SAN RAFAEL
CITY CLERK, ROOM 209
1400 FIFTH AVENUE, SAN RAFAEL, CA 94901
SAN RAFAEL, CA 94915-1560
r.BP7-11/10/16 1
SUMMARY OF ORDINANCE NO, 1981
AN ORDINANCE OF THE CITY OF SAN RAFAEL
ADOPTING AN AMENDED PLANNED DEVELOP·
MENT (PD) REZONING (ZClS-002) FOR THE
SAN RAFAEL CORPORATE CENTER (SRCC)
PLANNED DEVELOPMENT, INCLUDING THE RE·
SCISSION OF THE PD 1936 DISTRICT, BY ADOP.
TION OF A NEW PD DISTRICT TO: 1) ALLOW EX·
PANSION OF THE CURRENT SRCC PD DISTRICT
BY INCORPORATING THE 118,099 SQ. FT. OF
THE 999 3RD STREET PROPERTY INTO THE
BOUNDARIES; AND 2) UPDATE PD DISTRICT
REGULATIONS TO INCORPORATE REVISED
PARKING STANDARDS AND DEVELOPMENT
REGULATIONS TO ALLOW THE DEVELOPMENT
OF TWO 72-FOOT TALL, FOUR-STORY RE·
SEARCH AND DEVELOPMENT BUILDINGS
(APN 011-265-01 AND 013·021·34, 35, 50, 51, 52,
53, 54& 55)
This Summary concerns a proposed Ordinance
of the City Council of the City of San Rafael,
des ignated as Ordinance No . 1981 , which will
amend the City of San Rafa el zoning Map,
adopted by reference by Section 14 .01.020 of
the San Rafael Municipal Code as detailed in
the complete text and accompanying maps of
Ordinance No. 1981. Ordinance No . 1981 is
scheduled for adoption by the San Rafael City
Council at its regular meeting of April 6, 2020.
The City Clerk has been directed to publish
this Summary pursuant to City Charter and
California Gov ernment Code section
36933(c)(l).
SUMMARY OF AMENDMENT TO MUNICIPAL
CODE
This Ordinance amends th e Zoning Map of the
City of San Rafa el to rec lassify certain real
property located at 999 3rd St (APN 011-265-01)
and 750, 755, 770, 775 and 790 Lindaro St and
781, 788 and 791 Lincoln Av e (APN's 013-021-34,
35, 50, 51, 52 , 53, 54 & 55) in the City of San Ra -
fael, Marin County, California, from Second
Third/Mi xe d Use East (2/MUE) zoning District
and Plann ed Deve lopment (PD-1936) District to
Planned Developm ent (PD-1981) District.
PD-1981 establishes de ve lopment standards
and land use regulations that wo uld allow the
ex pansion of the current San Rafael Corporate
Center PD District to the 999 3rd St site and the
construction of t wo new research and
development/office buildings at 999 3rd St,
and maintains th e previously approval of a 1)
new 72 ,396 sq ft office building at 755 Lindaro
St, and 2) 6 story ex pansion to the existing 6
story parking garage at 788 Lincoln Ave.
For a complete copy of the text of the Ordi-
nance amending the Municipal Code, please
contact the City Clerk at (415) 485-3066 or the
Community Deve lopment Department, Plan -
nin~ Di vision at (415) 485-3085 . Co pies of the
Ordinance containing this Municipal Code
amendment are also available for public re -
view by contacting the City Clerk's office by
email to Lindsay.lara@cityofsanrafael .org .
LINDSAY LARA ,
San Rafa el City Clerk
Dated: 03 /26/2020
No. 350 March 28, 2020