HomeMy WebLinkAboutPlanning Commission 2020-01-28 Agenda Packet
AGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, January 28, 2020, 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE
SAN RAFAEL, CALIFORNIA
• Any records relating to an Agenda Item, received by a majority or more of the board or commission less than 72 hours before the meeting, shall be available for inspection in
the CDD Dept, at 1400 Fifth Ave, Third Floor, San Rafael, CA
• Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3066 (voice), emailing Lindsay.lara@cityofsanrafael.org, or using the
California Telecommunications Relay Service by dialing “711” at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
• Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para-transit is available by calling Whistlestop Wheels at (415) 454-0964.
• To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented
productsTo allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing
scented products.
.
THE PLANNING COMMISSION WILL TAKE UP NO NEW BUSINESS AFTER 11:00 P .M. AT REGULARLY SCHEDULED MEETINGS. THIS SHALL BE INTERPRETED
TO MEAN THAT NO AGENDA ITEM OR OTHER BUSINESS WILL BE DISCUSSED OR ACTED UPON AFTER THE AGENDA ITEM UNDER CONSIDERATION AT 11:00
P.M. THE COMMISSION MAY SUSPEND THIS RULE TO DISCUSS AND/OR ACT UPON ANY ADDITIONAL AGENDA ITEM(S) DEEMED APPROPRIATE BY A
UNANIMOUS VOTE OF THE MEMBERS PRESENT.APPEAL RIGHTS: ANY PERSON MAY FILE AN APPEAL OF THE PLANNING COMMISSION'S ACTION ON
AGENDA ITEMS WITHIN FIVE BUSINESS DAYS (NORMALLY 5:00 P.M. ON THE FOLLOWING TUESDAY) AND WITHIN 10 CALENDAR DAYS OF AN ACTION ON A
SUBDIVISION. AN APPEAL LETTER SHALL BE FILED WITH THE CITY CLERK, ALONG WITH AN APPEAL FEE OF $350 (FOR NON-APPLICANTS) OR A $4,476
DEPOSIT (FOR APPLICANTS) MADE PAYABLE TO THE CITY OF SAN RAFAEL, AND SHALL SET FORTH THE BASIS FOR APPEAL. THERE IS A $50.00
ADDITIONAL CHARGE FOR REQUEST FOR CONTINUATION OF AN APPEAL BY APPELLANT.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the
Community Development Director in advance.
CONSENT CALENDAR
1. Minutes, January 14, 2020
PUBLIC HEARING
2. 999 3rd Street (BioMarin R&D buildings / Whistlestop Senior Center / Senior Housing) –
Request for General Plan Amendment, Planned Development (PD) Rezoning, Environmental
and Design Review Permit , Master Use Permit and Sign Program amendment for the
development of two 72-foot tall, four-story Research and Development buildings on a 3.05-
acre parcel, currently developed as a vacant lot, and a 67-unit, 70-foot tall, six-story senior
center and affordable senior housing building on a 15,000 sq. ft. portion of the northwestern
corner of the parcel; APN’s: (APN’s: 011-265-01, 013-012-38 and -39 and 013-021-50, -51, -
52 -53, -54, -55) ; Second/ Third Mixed Use (2/3 MUE) & Planned Development (PD1936)
Districts; Shar Zamanpour, Applicant; BioMarin / CCCA, LLC, Owner; Downtown Activity
Center neighborhood area; GPA18-001/, ZO18-003/ZC18-002/ ED18-087/UP18-034/SP18-
006/IS18-001/DA19-001. Project Planner: Sean Kennings
3. 190 Mill Street– Request for General Plan (GP) and Zoning Map Amendment and Use
Permit (UP) and Initial Study/Mitigated Negative Declaration. The site currently has a light
industrial (LI/O-GP & CCI/O zoning) classification. The amendments would extend the
existing High Density Residential (HDR) GP Land Use Classification and High Density
Residential (HDR1) Zoning district boundary to include this site. The project also includes
construction of a 24,042 square foot building to accommodate expansion of the existing
emergency shelter to allow 60-beds and add 32 permanent supportive housing units. APN:
014-192-12;Core Canal Industrial/Office (CCI/O) District; Homeward Bound owners/applicant;
File No(s).: GPA19-001/ZC19-001/UP19-001
(THIS ITEM IS CONTINUED TO A DATE CERTAIN OF FEBRUARY 11, 2020)
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I. Next Meeting: February 11, 2020.
II. I, Anne Derrick, hereby certify that on Friday, January 24, 2020, I posted a notice of the January 28,
2020 Planning Commission meeting on the City of San Rafael Agenda Board.
In the Council Chambers of the City of San Rafael, January 14, 2020
Regular Meeting
San Rafael Planning Commission Minutes
For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings
CALL TO ORDER
Present: Barrett Schaefer
Jeff Schoppert
Sarah Loughran
Berenice Davidson
Shingai Samudzi
Mark Lubamersky
Absent: Aldo Mercado
Also Present: Alicia Giudice, Senior Planner
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes, December 10, 2019
Jeff Schoppert moved and Mark Lubamersky seconded to approve Minutes as presented. The vote is as
follows:
AYES: Barrett Schaefer, Jeff Schoppert, Sarah Loughran, Berenice Davidson, Shingai
Samudzi, Mark Lubamersky
NOES: None
ABSTAIN: None
ABSENT: Aldo Mercado
PUBLIC HEARING
2. Los Gamos Drive (VACANT LOT) – Study Session for a request for General Plan Map
Amendment, Zoning Map Amendment, and Environmental and Design Review. The
General Plan Amendment request is to reclassify the property’s land use designation from
Hillside Resource Residential (HRR) to allow a higher density residential as well as the
retail and community building. The Zoning Map Amendment request is to subsequently
rezone the property to a Planned Development (PD) District to allow a high -density
residential development with limited retail and community service facilities. The
Development proposal includes:1) a 180-unit residential development contained within 5
buildings; 2) a 1,368 square foot Community Center; and 3) a 1,671 square foot
commercial building; APN: 165-220-06 &-07; Planned District PD-Hillside (PD-
H)/Residential -Hillside (R2a-H) District; First CA. Lending Solutions-owner/Collin Russell-
applicant; File No(s).: CDR19-00. Project Planner: Alicia Giudice
Staff Report
No Action: This was a study session and no action was taken. The Commission provided staff and the
Los Gamos Drive Project Applicant with comments indicating a general support but advising them to
address a number of items as part of their formal application.
3.
Annual Meeting of Planning Commission for 2019 to include: a) election of officers; and b)
review of Planning Commission “Rules and Procedures”; and c) selection of liaisons to
DRB meetings
Staff Report
Mark Lubamersky moved and Berenice Davidson seconded to approve the following
appointments: Chair: Schoppert, Vice Chair: Mercado.
The vote is as follows:
AYES: Barrett Schaefer, Jeff Schoppert, Sarah Loughran, Berenice Davidson, Shingai
Samudzi, Mark Lubamersky
NOES: None
ABSTAIN: None
ABSENT: Aldo Mercado
Mark Lubamersky moved and Berenice Davidson seconded to act on two separate items concerning the
Planning Commission "Rules and Procedures" as follows:
a) The Planning Commission voted on one change to Section 11.F to add rules allowing meeting for
informational Presentations to be convening without a quorum.
b) The Planning Commission voted to continue discussion of what exparte commun ication is
required to be reported
The vote is as follows:
AYES: Barrett Schaefer, Jeff Schoppert, Sarah Loughran, Berenice Davidson, Shingai
Samudzi, Mark Lubamersky
NOES: None
ABSTAIN: None
ABSENT: Aldo Mercado
Selection of Liaisons to DRB meetings - the Commissioners volunteered to be Liaisons for the
Design Review Board for 2020.
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
___________________________________
ANNE DERRICK, Administrative Assistant III
APPROVED THIS _____DAY OF_______, 2020
_____________________________________
Sarah Loughran, Chair
Community Development Department – Planning Division
Meeting Date: January 28, 2020
Agenda Item:
Case Numbers:
GPA18-001/ZO18-
003/ZC188-002 /
ED18-087 /UP18-
034/ SP18-006 /
S18-001/DA19-001
Project Planner:
Sean Kennings
(415) 533-2011
REPORT TO PLANNING COMMISSION
SUBJECT: 999 3rd Street (BioMarin R&D buildings / Whistlestop Senior Center / Senior
Housing) – Request for General Plan Amendment, Planned Development (PD)
Rezoning, Environmental and Design Review Permit , Master Use Permit and Sign
Program amendment for the development of two 72-foot tall, four-story Research and
Development buildings on a 3.05-acre parcel, currently developed as a vacant lot, and
a 67-unit, 70-foot tall, six-story senior center and affordable senior housing building on
a 15,000 sq. ft. portion of the northwestern corner of the parcel; APN’s: (APN’s: 011-
265-01, 013-012-38 and -39 and 013-021-50, -51, -52 -53, -54, -55) ; Second/ Third
Mixed Use (2/3 MUE) & Planned Development (PD1936) Districts; Shar Zamanpour,
Applicant; BioMarin / CCCA, LLC, Owner; Downtown Activity Center neighborhood
area; GPA18-001/, ZO18-003/ZC18-002/ ED18-087/UP18-034/SP18-006/IS18-
001/DA19-001.
EXECUTIVE SUMMARY
The City of San Rafael is the lead agency responsible for overseeing environmental review for a project
proposing 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. In addition, BioMarin would maintain the rights to
build the previously 72,396 sq. ft office/research and development building on a portion of the parking lot
at 755 Lindaro St and a six (6) story expansion to the existing Lincoln Ave garage. The required and
submitted applications for Planning entitlements include a General Plan amendment (GPA18-001) to
adjust the maximum floor area limits for this the campus create a new height bonus applicable to the 999
3rd St property, Zoning Text amendment (ZO18-003) and create a new height bonus for this area. The
Planned Development (PD) Rezoning (ZC18-002) and Master Use Permit (UP18-034) is proposed to
incorporate the BioMarin portion of 999 3rd St into the rest of the San Rafael Corporate Center campus
and create a single PD District with appropriate standard for this this project, a Development Agreement
(DA18-001) to establish a 10 year time frame for the entitlements and freezing of impact fees an
Environmental and Design Review Permit (ED18-087) for the design of the new BioMarin and
Whistlestop structures and site improvements, a Small Subdivision (S18-001) to subdivide the 15,000 sq.
ft site for the Whistlestop portion of the project from the remainder of the 133, 099 sq. ft. 999 3rd St site
and a Sign Program Amendment (SP18-006) to add additional signage for the entire campus.
The project's potential environmental impacts have been assessed. A Draft Environmental Impact
Report (DEIR) (SCH # 2019029046) was previously prepared and made available for public review on
August 9, 2019, for a 45-day public review and comment period concluding on September 24, 2019 at
the Planning Commission meeting. The City received six written comments during this review period.
Only one member of the public provided verbal comments at the Commission hearing, in addition to
comments provided by the Planning Commission.
REPORT TO PLANNING COMMISSION
Case No’s: GPA18-001/ZO18-003/ZC188-002 / ED18-087 /UP18-034/ SP18-006 / S18-001/DA19-001
Page 2
A Final Environmental Impact Report/Response to Comments (FEIR) has been prepared. In addition to
reviewing the merits of the project, the Planning Commission will be asked to certify the FEIR, adopt a
Statement of Overriding Considerations for the significant, unavoidable impact to
transportation/circulation and approve a Mitigation Monitoring and Reporting Plan (MMRP). Draft
resolutions to certify the FEIR, adopt a Statement of Overriding Considerations and approve a MMRP
are attached as Exhibits 2a and 2b.
The FEIR concludes that the project will result in a “Potentially Significant Impact” on Land Use and
Planning and Transportation. Recommended mitigation measures are proposed to reduce Transportation
impacts to a less-than-significant level. As such, the City of San Rafael requires the adoption of a
Statement of Overriding Considerations needed to implement the improvements if the Commission elects
to approve the project. Adopting a Statement of Overriding Considerations would mean that the
Commission finds that, on balance, the public benefits of the project outweigh the significant unavoidable
environmental impacts.
In consideration of the request for a statement of overriding considerations, the project sponsor is
proposing a variety of public benefits included in the Development Agreement Term Sheet, (Exhibit 5) to
offset the significant and unavoidable impact related to implementation of mitigation measures for
intersection improvements and the Development Agreement to freeze the entitlements for the BioMarin
portion of the project for a period of 10 years. These public benefits are presented as, generally, the
project itself, implementation of City Goals and Policies, redevelopment of an existing infill site,
significant community benefits in the donation of land and monetary funding to Whistlestop for
development of the Healthy Aging Campus, pedestrian/ infrastructure investments in the form of
intersection and circulation improvements and increased economic impacts to the City of San Rafael.
The project design for both the BioMarin and Whistlestop portions of the project were reviewed by the
Design Review Board (DRB) on three occasions (once as a pre-application design and twice as a formal
application) and received a unanimous recommendation for approval with suggested minor
modifications. The Commission has also reviewed this project on four prior occasions, twice as
Conceptual review and stud session, and twice for the EIR process (NOP and Draft EIR hearing)
As discussed in this report, staff concludes that the project, as proposed and as conditioned, is
consistent with the San Rafael General Plan 2020, with the requested amendments, and all applicable
zoning development standards as revised, and complies with all applicable review criteria and guidelines.
The project would, generally, further long-term goals of the City by promoting the continued employment
of over 500 local workers, allowing the growth of a major downtown employer, redevelopment of an infill
property, featuring a modern, centralized, fully sustainable, office and laboratory facility, and facilitate the
relocation of Whistlestop to create a modern healthy aging campus as well provided needed senior
affordable housing in a transit-oriented location. Draft resolutions have been prepared (see attached
Exhibits 2a-g) outlining findings that support a recommendation for project approval.
RECOMMENDATION
It is recommended that the Planning Commission take the following actions:
1. Open the Public Hearing and accept public testimony on the project;
2. Close the Public Hearing and review and discuss the Final Environmental Impact Report (FEIR),
including the significant impacts and whether a Statement of Overriding Considerations should be
granted, and the planning, merits and issues; and
3. Adopt the following Draft Resolutions recommending to the City Council:
a. Certification of the FEIR
REPORT TO PLANNING COMMISSION
Case No’s: GPA18-001/ZO18-003/ZC188-002 / ED18-087 /UP18-034/ SP18-006 / S18-001/DA19-001
Page 3
b. Adoption of CEQA Findings, a Statement of Overriding Considerations, and approval of a
Mitigation Monitoring and Reporting Program (MMRP); and
c. Adoption General Plan Amendments to establish text and map amendment to 1) modify
Exhibit 6 FAR Maps to add 0.90 FAR for SRCC site and the BioMarin portion of the 999
3rd St site and 2) Amend Exhibit 10 – Height Bonuses – to create a new 20 ft. height
bonus for this site; and
d. Adoption a Zoning Text Amendment to establish new height bonus provision for the
BioMarin portion of the site for projects which meet specific criteria; and
e. Adoption of a PD Rezoning to allow for the BioMarin portion of the 999 3rd St property to
be combined with existing SRCC parcels with appropriate and revised land use
regulations; and
f. Approval a Development Agreement for the BioMarin portion of the site to vest the
entitlements for a 10-year period, freeze impact fees at current rates and modify terms of
the prior Development Agreement; and
g. Approval, with conditions, an Environmental and Design Review Permit, Master Use
Permit Small Subdivision and Sign Program Amendment for the project.
PROPERTY FACTS
Address/Location: 999 Third St Parcel Number(s): 011-265-01
Property Size: 133,099 (3.05 acres) Neighborhood: Downtown
Site Characteristics
General Plan Designation Zoning Designation Existing Land-Use
Project Site: Second/Third St. Mixed-Use
(2/3 MU)
Second/Third St. Mixed-
Use East (2/3 MUE)
Vacant/surface parking
North: 2/3 MU/ 4SRC 2/3 MUE Parking structure / commercial
South: 2/3 MU/ P/QP 2/3 MUE / P/QP Parking structure / PG&E corp
yard. Multi-family residential
East: 2/3 MU 2/3 MUE Commercial
West: 2/3 MU 2/3 MUE Commercial / office
Site Description/Setting:
The project site is comprised of a 133,099 sq. ft. parcel. The project site has four frontages: Third St. on
the north and Second St. to the south, Lindaro St. on the east, and Brooks St. to the west. It is a
relatively flat (<1% average cross-slope) and located within the Downtown Parking District. It is currently
undeveloped, as two, multi-story office buildings (PG&E) were recently demolished. The majority of the
site previously underwent a soils remediation project by PG&E, prior to the sale of the property to
BioMarin. BioMarin has recently completed a subsequent soil remediation project on the portion of the
site under the former buildings to complete the remediation of the remaining project area. The property is
currently a vacant paved parking lot.
BACKGROUND
BioMarin, a global biotechnology company, was founded in Marin County in 1997. In 2013, BioMarin
moved its headquarters to the SRCC, a campus of over 400,000 sq . ft. on approximately 15.5 acres. In
2015, BioMarin completed construction of its first new research laboratory building at 791 Lincoln
REPORT TO PLANNING COMMISSION
Case No’s: GPA18-001/ZO18-003/ZC188-002 / ED18-087 /UP18-034/ SP18-006 / S18-001/DA19-001
Page 4
Avenue. In 2015, BioMarin received entitlements to complete build out of the existing SRCC campus for
construction of a 72,396 sq ft laboratory/office building on a portion of 755 Lindaro Street and construct
an extension of the 788 Lincoln Avenue parking structure. This building, and parking structure addition,
have not yet been constructed.
In 2015, BioMarin purchased the approximately three-acre 999 3rd St. property in downtown San Rafael
from PG&E. This site, located adjacent to SRCC, was once used by the historical Manufactured Gas
Plant (MGP) for support activities and is currently vacant and awaiting completion of environmental
remediation. Soil and groundwater onsite conditions containing polynuclear aromatic hydrocarbons
(PNAs) and volatile organic compounds (VOCs) have been remediated in accordance with the DTSC
and continue to be monitored. The remediation process, when completed, will allow for residential
development as proposed.
BioMarin is one of the largest and fastest growing employers in San Rafael and Marin County, and a
significant share of its workforce resides locally. BioMarin is planning for future space needs by
addressing San Rafael's goals of economic development, downtown vibrancy, affordable senior housing,
and transit-oriented development.
Project History:
BioMarin submitted a Pre-Application in August of 2016. Pre-Application provided an opportunity for
technical review of major code requirements by City departments. Following subsequent City comments,
BioMarin modified its project by reducing the requested total development square feet on 999 3rd Street
as well as the requested height bonus.
The Conceptual Design was reviewed by the Design Review Board at a regular hearing on February 6,
2018 and again by the Planning Commission at a regular hearing on February 27, 2018. In general, the
DRB and the Planning Commission were generally supportive of the proposed project including the
design aesthetics, the overall height, and intensity of use. Comments were provided to
Whistlestop/EDEN Housing requesting the project design meet the requirements for front setbacks and
suggested the proposal could include more height (and more units) to compensate for meeting the front
setback requirements. Comments regarding parking included understanding the applicant’s survey and
existing conditions assessment.
Following those two meetings, the applicants revised the project and submitted a formal application to
the City in October 2018. The project has subsequently been reviewed by the Planning Commission at a
Study Session public hearing on May 14, 2019 to understand and evaluate the development program
and entitlement requests. The Commission was generally supportive of the project. The DRB has also
formally reviewed the project design on June 19, 2019 and again on August 20, 2019, with ultimate
recommendations to the Commission to approve the design review.
Following the DRB review, the Draft EIR was prepared and published and reviewed by the Planning
Commission on September 24, 2019 and since then, the Final EIR has been prepared and the Final EIR,
along with the project merits and applications are before the Commission for review and
recommendation.
PROJECT DESCRIPTION
The applicant, BioMarin, intends to develop the parcel to increase laboratory and research and
development space. The proposed buildings would satisfy the R&D and lab functionality f or BioMarin in
conjunction with the existing SRCC campus to the south of the project site. Preliminary details of the
proposal are reflected in the design package
REPORT TO PLANNING COMMISSION
Case No’s: GPA18-001/ZO18-003/ZC188-002 / ED18-087 /UP18-034/ SP18-006 / S18-001/DA19-001
Page 5
Requested Entitlements: The initial applications that will be required would include:
General Plan Amendment is requested to 1) modify Exhibit 6 FAR Maps to a new blended rate of
0.90 for SRCC site and the BioMarin portion of the 999 3rd St site, and 2) Amend Exhibit 10 –
Height Bonuses – to create a new 20 ft. height bonus for this site
The proposed amendments to Exhibit 6 and Exhibit 10 are included as Attachment A and B in
Exhibit 2c at the end of this staff report.
Zoning Text Amendment to modify the height bonus provisions in Section 14.16.190(A) to add a
new subsection 4) which adds add a new 20 ft. height bonus for this site. The new height bonus
will read as follows:
4. On the 999 3rd Street Property, a twenty-foot (20’) height bonus for any of the following:
a. Affordable housing (minimum 60 units)
b. Privately owned public plaza (5,000 sq. ft. or more in size)
c. Community facility (e.g. senior center, 10,000 sq. ft. or more in size)
d. Pedestrian crossing safety improvements at adjacent intersections
e. Donation of funds for development of bike lanes;
The resolution for the proposed Zoning text amendments is included as Exhibit 2d at the end of
this staff report.
Planned Development Rezoning is requested to rezone the BioMarin portion of the 999 3rd St
campus from the current zoning of Second/Third St Mixed Use East (2/3MUE) to a PD, and to
consolidate and update the existing San Rafael Corporate Center campus (currently PD 1936)
District such that the 118,099 square feet of the 999 3rd Street property would be included,
including specific parking standards for the entire campus, development standards and land use
allowances.
The resolution for the proposed amendments to PD-1936 is included as Exhibit 2e at the end of
this staff report.
Development Agreement to vest the approvals for an extended period of time (10 years) and
freeze the development impact fees in exchange for provision of certain public benefits,
Major Environmental and Design Review Permit is required for both components of the [project
for the design, site improvements and landscaping for the new R&D buildings for BioMarin and
the Whistlestop senior center and residential units;
Use Permit is requested to allow: 1) Residential uses in a commercial (2/3 MUE) zoning district or
the Whistlestop component of the project, and 2) update the Master Use Permit for the San
Rafael Corporate Center Campus, to include the BioMarin portion of 999 3rd St and update it to
reflect the current proposal.
Small Subdivision is requested to subdivide 15,000 sq. ft of the 999 3rd St site from the greater
133,099 sq. ft lot, to accommodate the Whistlestop component of the project
Sign Program amendment to modify the existing Sign Program for the San Rafael Corporate
Center campus to add the new signs associated with the BioMarin buildings
REPORT TO PLANNING COMMISSION
Case No’s: GPA18-001/ZO18-003/ZC188-002 / ED18-087 /UP18-034/ SP18-006 / S18-001/DA19-001
Page 6
The proposed project would be constructed by two different entities in different phases, but will be
entitled as one contiguous development site and includes the following:
• Expansion of the existing Planned Development (PD) zoning designation that applies to the
SRCC to encompass the 999 3rd St. property. Within the expanded PD, BioMarin is requesting a
General Plan amendment to allow for a new FAR/development intensity to govern the entire
SRCC as one project site.
• 15,000 sq. ft. of the 999 3rd Street property will be allocated to Whistlestop/EDEN Housing project
in the northwest corner of the subject property for development of a senior center and senior
affordable housing in a six-story building which includes a Healthy Aging Campus on the first and
second floors (approx.18,000 sq. ft.) and 67 affordable residential units on the third through sixth
floors.
• The remaining 118,100 sq. ft. of the site will be developed as an extension of the Bio Marin
campus that is currently located at the SRCC. Bio Marin proposes to develop a total of
approximately 207,000 sq. ft. of laboratory/research and development (R&D) and office space
(split about equally between the two uses) in two, 72-ft tall, four-story buildings. The ground floor
will also house amenities to support the BioMarin campus, which may include: lobbies, an
auditorium, conference rooms, a small cafe, and dining space. A useable roof top deck (above
the ground floor between the two buildings) is proposed for employee use as noted in the concept
drawing package.
• As part of the amended SRCC PD, BioMarin is requesting a height bonus of 1820-ft (above the
54-ft maximum) for the 999 3rd Street property to allow construction of research laboratory
buildings. As laboratory buildings require additional floor to floor space to support the required
infrastructure, BioMarin is seeking the minimum required additional height for this development.
BioMarin is requesting the height bonus pursuant to the provision of land for senior housing and a
community facility (e.g. senior center, 10,000 sq. ft. or more in size), a privately-owned public
plaza (5,000 sq. ft. or more in size), pedestrian crossing safety improvements at adjacent
intersections, and the donation of funds for development of bike lanes in accordance with Section
14.16.190 of the Zoning Ordinance.
• The Whistlestop/EDEN Housing portion of the project would include a requested 4-ft height
increase as a concession consistent with the State Density Bonus Law.
• The Whistlestop/EDEN Housing project is requesting three concessions under the State Density
Bonus law pursuant to providing at least 30% affordable housing. The project requests the
following two concessions:
o Increased Density bonus to allow up to 67 units (Where 25 units is the maximum allowed
by 2/3 MUE zoning for the 15,000 sq. ft site;
o Increased height from allowed 66’ to 70’.
• Whistlestop/EDEN Housing is proposing no on-site parking for residents of the senior housing
portion of the development. Pursuant to California Government Code Section 65915 (e)(1) and
(2), the request to reduce on-site parking to one space is an additional development standard
reduction.
• Overall site parking at ratios appropriate to the proposed uses. Parking ratios for specific uses,
such as R&D laboratories, are not specified in the Zoning Ordinance. Proposed parking ratios will
be based on industry standards and utilization surveys and evaluated through the PD rezoning
and Use Permit, as discussed below.
REPORT TO PLANNING COMMISSION
Case No’s: GPA18-001/ZO18-003/ZC188-002 / ED18-087 /UP18-034/ SP18-006 / S18-001/DA19-001
Page 7
New BioMarin R&D Buildings:
Use: BioMarin proposes two 72-foot tall four-story research and development buildings connected by a
common ground floor “amenity” space with rooftop garden/open area. Each R&D building would include
a combined office/laboratory spaces on the ground floor with three stories of laboratory spaces above.
Site Plan: The proposed project would provide a setback and green space along Lindaro to enhance
pedestrian experience and strengthen the entry to the site. A visitor drop-off and parking area at the
corner of 2nd and Lindaro is designed to provide a clear entry to the BioMarin buildings. An architectural
cantilever feature for the north R&D building at the corner of Lindaro and Third Street would create a
“Front Porch” of open space used for employee activities. This open area is designed to connect the site
to downtown. The North BioMarin building would include upper floor setback to provide natural light and
separation for residents of the senior housing. Both buildings would be setback from 2nd and 3rd Streets
to enhance pedestrian experience and provide a landscaped street edge. A proposed rooftop deck
between the two R&D buildings (above the first floor) would be used for employee gatherings and
daytime activities including seating for eating periods. The R&D buildings would be oriented with the long
east/west axis of the project site to maximize energy savings.
Architecture: The design of the building emphasizes corner and cantilever elements that frame the site.
The design intent is to create a state of the art research and development facility in the heart of San
Rafael office district. Buildings would be clad with glass, with white metals mullions and screens, to
maximize natural light and views outward from the site. Window overhangs on south facades would
create shading over windows and glass areas. An architectural “shading skin” would be proposed on
east and west facades to protect these areas from heat gain.
The proposed buildings are located within the 2/3 MUE District and has a mandated building height limit
of 54-ft for the primary structure as measured by 1997 UBC standards. The preliminary design includes
extra tall floorplates of 17-ft to accommodate the specific needs of laboratory spaces for BioMarin.
Therefore, the proposed design is requesting a height extension to 72-ft. Additional architectural features
including mechanical enclosures and towers are designed to extend above the 72-ft height limit to a
maximum of 85-ft. This additional height is not counted in the requested height bonus. Rooftop
equipment would be screened according to City of San Rafael requirements.
Landscaping: The BioMarin landscape plan would introduce new landscaping site features, paving,
ground covers, and trees for continuity throughout the project site. Although prelim inary in nature, the
plant palette would be required to consist of trees, shrubs, ground covers, grasses and perennials that
conform to Marin Municipal Water District requirements, the California water efficient landscape
ordinance (WELO) and Marin County Storm Water Pollution Prevention Plan (MCSTOPPP) practices.
Bioretention areas appear to be proposed in pedestrian areas in the Lindaro street plaza. The tree
palette would be a continuation of street and shade trees consistent with the SRCC campus
development and include zelkova and ginkgo varietals.
Lighting: The lighting plan included in the application details specific light fixtures for wayfinding and
security purposes. Light fixtures would be required to comply with San Rafael standards for nighttime
glare. The photometric study regarding light exposure included in the formal application is indicated on
Sheet L5.
Parking: The R&D buildings are proposed to be constructed in two phases. After completion of Building
“A”, BioMarin would provide approximately 70 parking spaces at the south side of the project site. After
completion of Building “B” in Phase II, the project would include only 29 spaces located in the southwest
and southeast corners of the site. The Project is within the downtown business parking district which
exempts parking requirements for the first 1.0 FAR. Per the San Rafael Municipal Code Section
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14.18.040, parking requirements for laboratory uses are not specifically listed. Assuming general office
use for the project site, the proposed project would require a 3.3/1000 (3.3 auto spaces to 1,000 sq. ft, of
occupied space) requirement for general office. The BioMarin portion of the project would entail 207,000
sq. ft. of total R&D/lab space, but with the 1.0 FAR reduction for the Downton Parking District, would be
required to provide parking for 88,901 sq. ft.
Lot Size Project Size 1.0 FAR Exemption
Total Site: 133,099 sq. ft.
225,000 (18,000 sq. ft. for
Whistlestop; 207,000 for
BioMarin)
225,000 sq. ft. – 133,099 sq. ft. (1.0
FAR) = 91,901 sq. ft.
BioMarin Portion: 118,099 sq. ft.
(minus 15K sq. ft for Whistlestop)
207,000 sq. ft. (BioMarin) 207,000 sq. ft. – 118,099 (sq. ft. 1.0
FAR) = 88,901 sq. ft.
Whistlestop Portion: 15,000 sq. ft. 18,000 sq. ft. (Whistlestop/EDEN) 18,000 sq. ft. – 15,000 sq. ft. (1.0 FAR)
= 3,000 sq. ft.
As such, the proposed laboratory/R&D buildings would require approximately 293 surface parking
spaces. However, BioMarin is presenting a ratio based on evaluation of the existing and proposed uses
that would “blend” the parking requirements for the entire site. For example, laboratory spaces tend to
be used by on-site staff who also have dedicated office space. BioMarin is requesting that these spaces
should not be double-counted pursuant to the San Rafael Municipal Code requirements. To ensure no
double counting of parking needs while offering an overall conservative amount of parking, BioMarin
proposes the following parking ratios for each building type:
• Office: 3.0 spaces per 1,000 gsf
• R&D Labs: 1.5 space per 1,000 gsf
• Amenities: 1.0 space per 1,000 gsf
Per the applicant’s project description, and based on the blended parking ratio request, the following
table documents the proposed parking for the project site and the SRCC:
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The SRCC at full build-out, would be owned and operated by one tenant, BioMarin. The City has
requested a contingency plan based upon sale (and potential different types of users or multi-tenant
uses) of all parcels. As such, the applicant has proposed the following language that could be included
as a condition of the overall project approvals (and part of the development agreement):
BioMarin will incorporate the following provisions into an enforceable deed for the project site:
Changes in tenancy or use, 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 PD permit (# to be added) shall provide additional automobile parking, bicycle
parking, and loading space as required by the San Rafael Municipal Code and/or demonstrate to
the satisfaction of the City that an enhanced Transportation Demand Management Program will
meet the increased parking demand. Existing parking shall be maintained but may be replaced in
a reconstructed parking facility. 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 PD permit amendment (# to be inserted).
As proposed, the sale or expansion of existing uses would be required to show adequate parking supply
prior to entitlement approvals.
Whistlestop Senior Center / EDEN Senior Housing
Use: A six-story senior center and affordable senior housing is proposed on the northwest portion of the
subject property. The proposed use includes 12 total parking spaces (ground floor within the footprint).
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Whistlestop, in partnership with EDEN Housing, is proposing a new facility that will include 67 units of
onsite affordable senior housing to complement the onsite Healthy Aging Campus.
Site Plan: The proposed building footprint would utilize the entire 15,000 sq. ft. allotment for the
Whistlestop project provided on the subject property. The approximately 18,000 sq. ft. area on the first
and second floors for Whistlestop's adult service program includes meeting rooms, classrooms, and
service offices within a contemporary facility. There are 11 parking spaces for the Whistlestop facility with
a single parking space for the resident manager; the senior housing is proposed as a car-free community
and no parking spaces are included. Internal vehicle and van circulation would access the parking/drop-
off area via the south entrance off Brooks Street. Cars would circulate counterclockwise and exit the
parking area onto Brooks Street via the north exit.
The proposed affordable housing is located on the third through sixth floors and provides low, very low
and extremely low-income units for seniors, aged 62 and older and who earn less than 60% of the Area
Median Income. The housing, which will be a mix of one bedroom and studio apartments, will also
include high quality amenities such as a community room, residential courtyard for gatherings and
gardening, a computer center and exercise room, central laundry facility and furnished lobbies for casual
social interaction and an on-site resident manager.
Architecture: The building’s design is a contemporary/traditional building form of base/middle/top. The
building’s two-story base will be a solid form and material, with commercial storefronts on the ground
floor, with decorative grilles that allow the parking garage to be well lit and ventilated. There will be
similar larger windows for classrooms offices on the main Whistlestop floor. There will be a more
vertically proportioned and scaled middle for the four residential stories; with the corner mass highlighted
by a change in material and accented by a trellis or framing element which adds a top and visual
importance to the buildings corner.
The accented entrance and lobby created by an arcaded walk allows for a ramp to ease the walk to the
raised floor elevation above the areas flood plain. The lobby has a glassy storefront entry which extends
through each floor of the building providing a sunlit lobby as one walks up the stairs to the Whistlestop
Center or walks out of the elevator to the residences above. The building will be designed to meet
Green-Point Rated or LEED standards of sustainability, with reduced energy and water use.
Density Bonus Concessions: Whistlestop/EDEN Housing is requesting approval of 67 housing units,
equivalent to approximately 224 lot area sq. ft. per dwelling unit for the 15,000 sq. ft. portion of the 999
3rd Street development site. Pursuant to Govt. Code Section 65915(f), a “base” 35 percent density
bonus may be applied to the allowed maximum residential density, resulting in “base” total of 34 units. To
reach the 67 units proposed for this building, a Concession under the State’s Density Bonus Law is also
requested. Since 100% of the units will be for low-income seniors, the project qualifies for three
concessions (Govt. Code § 65915(d)(2); SRMC, Table 14.16.030-1). Consistent with the San Rafael
Municipal Code, Whistlestop and EDEN Housing submitted a project pro forma that demonstrates that
the concessions will result in identifiable and actual cost reductions for the project, including construction
and operating costs (SRMC, § 14.16.030(H)(3)(b)(v)). Whistlestop/EDEN Housing is also requesting the
use of two concessions to build at the proposed density and height.
Landscape: A 2,800 sq. ft. courtyard rooftop garden above the second floor would provide private
outdoor space for the affordable housing residents. The formal landscaping plan is coordinated with the
BioMarin plan to create a cohesive site aesthetic.
Parking: The proposed project includes 11 ground level spaces for users of the senior center on the first
and second floor. Per the parking requirement, the Whistlestop senior center would be required to
provide 10 spaces (18,000 – 15,000 (1.0 FAR) = 3,000 sq. ft.). One space would be allocated for the on-
site residential manager’s unit. As noted above, pursuant to Gov’t Code 69515 (e)(1) and (2),
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Whistlestop is requesting a waiver/reduction of an additional development standard specific for senior
residential parking requirements. The proposed project is thus requesting a waiver under the State’s
Density Bonus Law to reduce the required parking to one space for the on-site residential manager and
no spaces for the residential units.
ANALYSIS
General Plan 2020 Consistency:
The General Plan land use designation for the project site is Second/Third Street Mixed Use (2/3 MU).
The 2/3 MU designation allows office and office-support service uses, and residential as part of mixed-
use development. The proposed senior residential use, with the senior center as an office-support
service, would therefore be consistent with Land Use Policy LU-23 (Land Use Map and Categories).
Recent BioMarin projects at the SRCC classified laboratory uses as research and development and
included it as part of the master Use Permit for the entire SRCC campus. As discussed below,
laboratory uses are conditionally allowed in the 2/3 MU Zoning District, so this use is consistent with the
current zoning. However, to accommodate the FAR, parking, and height considerations for the proposed
project, amendment would be required: a PD Amendment, a General Plan Amendment, and a Zoning
text Amendment to allow for the use on the subject property.
The FEIR assesses the environmental impacts of the proposed amendment to San Rafael General Plan
2020 to allow for the FAR modification and Height Bonus for the subject property. Staff finds that the
proposed amendment to the General Plan will not be in potential conflict with San Rafael General Plan
2020 Land Use Element Policies LU-23 (Land Use Map and Categories), LU-10 (Planned Development),
LU-9 (Intensity of Nonresidential Development), LU-14 (Land Use Compatibility), Neighborhood Element
Policies NH-15 (Downtown Vision), NH-16 (Economic Success), NH-38 (Lindaro Office District) and NH-
8 (Parking), which are adopted for the purpose of avoiding or mitigating the physical, environmental
effect of new development.
However, as analyzed by the Project EIR, the proposed project is in conflict with the San Rafael General
Plan 2020 Land Use Element Policy LU-2 (Development Timing) and Circulation Element Policy C-5
(Traffic Level of Service), because of the significant and unavoidable traffic impacts to the local
circulation network, which would result from the proposed project. As set forth in the CEQA findings for
this project, the analysis has conservatively found that the project will lead to significant and unavoidable
impacts related to the potential consistency issue. The City, however, has determined that deviations
from these policies, including Policies LU-2 and C-5 are warranted. Specifically, Policy C-5 allows the
City to approve projects that exceed the level of service (LOS) standards if it finds that the benefits of the
project to the community outweigh the resulting traffic impacts. The project, therefore, meets the traffic
standards set forth in the San Rafael General Plan 2020. Further, because the project meets the traffic
standards set forth in Policy C-5, and other infrastructure such as water and sewer are in place, the
project is consistent with Policies LU-2. As explained in the EIR, per CEQA Guidelines Section 15063, in
order to adopt the proposed amendment to the San Rafael General Plan 2020, the City must weigh the
benefits of the project against the unavoidable, adverse environmental (traffic) effects of the project and
adopt a statement of overriding consideration. Similar findings are required by San Rafael General Plan
2020 Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c (Exception
Review), which permits the City to approve a project that exceeds the LOS standards if the City finds that
the project’s benefits to the community outweigh the project’s traffic impacts.
The project’s consistency with the General Plan is evaluated in the General Plan Consistency table
attached at Exhibit 3 at the end of this staff report.
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BioMarin Component
Height - As proposed, the BioMarin portion of the project would not be in accordance with Land Use
Policy LU-13 (Height Bonuses) with the granting of a concession under the State Density Bonus law as it
technically does not include housing within the R&D buildings. Furthermore, the proposed height
increase is greater than the allowed 12-ft extension. Staff has determined that a General Plan Map and
Zoning Text Amendment is required to allow for the greater height. This would include a new maximum
height bonus of 20-ft, plus a text provision that would allow for the bonus (see proposed General Plan
Exhibit 10 below).
Location Maximum
Height
Bonus
Amenity
(May provide one or more of the following)
Fourth Street Retail Core Zoning
District
12 feet Affordable housing
Public courtyards, plazas and/or passageways
(consistent with Downtown Design Guidelines)
Public parking (not facing Fourth Street)
PG&E site in the Lindaro Office land
use district
24 feet Park (privately maintained park with public access,
adjacent to
Mahon Creek; an alternative is tennis courts tied to
Albert Park.)
Community facility (10,000 sq. ft. or more in size)
Second/Third Mixed Use East Zoning
District
12 feet Affordable housing
Public parking
Overhead crosswalks Mid-block passageways between
Fourth Street and parking on Third Street
999 Third St
20 feet Affordable housing (minimum 60 units)
Privately owned public plaza (5,000 sq. ft. or more
in size)
Community facility (e.g. senior center, 10,000 sq. ft.
or more in size)
Pedestrian crossing safety improvements at
adjacent intersections
Donation of funds for development of bike lanes
Second/Third Mixed Use West
District, north of Third Street and east
of C Street
18 feet Public parking
West End Village 6 feet Affordable housing
Public parking
Public passageways (consistent with Downtown Design
Guidelines)
Lincoln Avenue between
Hammondale and Mission Avenue
12 feet Affordable Housing See NH-120 (Lincoln Avenue)
Marin Square
12 feet Affordable housing
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North San Rafael Town Center
24 feet Affordable housing
Citywide where allowed by zoning. 12 feet Hotel (1)
This provision would be the fact that BioMarin is providing a development space for the
Whistlestop/EDEN Housing project and serving a public benefit though facilitating the relocation of
Whistlestop in addition to other public benefits for open space and pedestrian amenities. By providing the
space for Whistlestop, BioMarin is giving up a portion of the site in which they could build. In addition, the
proposed building is a Research and Development (R&D) building for BioMarin, which has greater height
needs to accommodate the mechanical equipment necessary for a laboratory/R&D space.
The proposed BioMarin project would comply with the General Plan because the required public benefits
would all be provided by the project applicant, most notably the donation of the project site for affordable
housing and public spaces. As the proposed General Plan Amendment is specific to the 999 3rd Street
parcel, there would be no potential for other properties in the downtown to also qualify for the 20-ft height
bonus. However, a future project could theoretically renovate the project site and qualify for the same
height bonus provided these benefits were also included in any future project.
Floor Area Limits (FAR) - Furthermore, in order to allow for the larger development FAR, an additional
General Plan Amendment would be required to change the maximum FAR for the project site to
accommodate the total development. The rationale behind the increased FAR is that BioMarin is
facilitating the relocation of Whistlestop and giving up a portion of their site to accommodate the
Whistlestop project. The General Plan land use element includes Policy LU-9 regulating floor area ratio
(FAR) (Intensity of Non-residential Development) and Exhibit 6, which depicts the appropriate FAR for
downtown properties. The maximum FAR for the subject property is 1.50 for this area of downtown San
Rafael. At 133,099 sq. ft size property, the project would carry a maximum development intensity of
199,649 sq. ft. As proposed, the project includes 207,000 sq. ft. for the two BioMarin buildings and an
additional 18,000 sq. ft. for the Whistlestop Senior Center (the three floors of residential units are not
counted as FAR). The Whistlestop development of 18,000 sq. ft. on 15,000 sq. ft. parcel results in a 1.20
FAR and would be consistent with the existing maximum FAR. However, as proposed, the remaining
118,099 sq. ft. for the BioMarin portion of the project is 25,351.50 sq. ft. over the maximum 1.50 FAR
allowed for the property.
BioMarin is requesting that the two R&D buildings, on the remaining 118,099 sq. ft. of the property, be
rezoned to be included as part of the Planned Development District for larger SRCC campus property.
Currently, the SRCC campus has a land area of 676,923 sq. ft. with a maximum FAR of 0.75, or 507,692
sq. ft. of FAR allowed. The SRCC has existing entitlements for 473,096 sq. ft. of total development.
Therefore, the applicant is proposing to add the 118,099 sq. ft. of 999 3rd St to the overall 676,923 sq. ft.
of the SRCC for a total land area of 795,022 sq. ft. Therefore, the proposed project would require a Map
amendment based on the following:
Proposed Blended FAR Rate
The applicant is proposing a blended rate to allow the requested 207,000 sq. ft. on 999 3rd St. while still
retaining the development potential of the SRCC parcels (507,000 sq. ft.). Added together, the total
development would be 714,000 sq. ft. (or a 0.89 FAR for all BioMarin owned parcels). Staff has
suggested this FAR ratio be rounded up to 0.90 to be consistent with other FAR designations in the City.
As such, the following breakdown would be allocated to all parcels:
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Land Area FAR Allowed (Current
Rules)
FAR Allowed (Proposed Blended
rate)
SRCC site 676,922 sq. ft. 507,692 sq. ft. (0.75 FAR) 609,230 sq. ft. (0.90 FAR)
BioMarin portion
of 999 3rd St
118,099 sq. ft. 177,149 sq. ft. (1.5 FAR) 106,289 sq. ft. (0.90 FAR)
Total 795,021 sq. ft. 684,841 sq. ft. 715,519 sq. ft.
Net difference
+ 30,678 sq. ft. increase above
current allowance
The applicant is thus requesting a total development of 715,519 sq. ft. for the new SRCC PD. which will
create additional development potential of the current SRCC PD of 30,678 sq. ft. more than the current
General Plan allows.
Accordingly, staff has identified the potential development control to create consistency for the project: a
General Plan amendment to modify Exhibit 6 in the Land Use Element to create a new FAR for the total
revised SRCC campus. Staff has determined that BioMarin has provided a development area for the
Whistlestop / EDEN Housing project, which could be considered a significant public and community
benefit. The proposed modified Exhibit 6 is shown below (new SRCC boundary in red):
Whistlestop Component
The proposed Whistlestop portion of the project would also not be in accordance with Land Use Policy
LU-13 (Height Bonuses), however, the Whistlestop portion of the project can achieve height with the
granting of a concession under the State Density Bonus law. The proposed Whistlestop/EDEN portion
includes a residential use, with the senior center as an office-support service, would be consistent with
Land Use Policy LU-23 (Land Use Map and Categories). The proposed Whistlestop/EDEN portion of the
project would technically exceed the height bonus for affordable housing afforded for this site per Land
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Use Policy LU-13 (Height Bonuses) because the project height is four feet greater than allowed via the
12 ft. bonus afforded to affordable housing projects. Therefore, Whistlestop/EDEN is requesting a major
concession to allow a 16 ft. height bonus (4 ft. above the height bonus identified in General Plan) to
make the 100% affordable housing project economically viable. This project also would exceed Housing
Policy H-18 (Inclusionary Housing Requirements) by providing 100% affordable housing units or 67 units.
Zoning Ordinance Consistency:
Chapter 5 – Commercial and Office Districts
The project site is located within the Second/Third St. Mixed Use East (2/3 MUE) District, a Downtown
zoning district. The proposed project will require consistency with the property development standards for
the 2/3 MUE District, including maximum density (600 sq. ft. of lot area/unit), building height (54-ft + 16-ft
height bonus) and parking requirements (0.75 spaces / unit). Those property development standards
applicable to the project are identified in the Property Facts summary above. Overall, the site would be
developed with many uses, including a senior center, general office and research and development uses.
BioMarin Component
As proposed, it appears that the applicant may be requesting to rezone the BioMarin portion of the site to
Planned Development and combine it with the current Planned Development District for the SRCC
campus and that the Whistlestop portion would remain under the conventional zoning of 2/3 MUE
Whistlestop Component
As designed, the Whistlestop portion of project would comply with the maximum density and height
standards for the 2/3 MUE District with a 12-ft height bonus and concessions under the State Density
Bonus law for a height bonus and a density bonus above the 35% allowed and as allowed per SRMC
Section 14.16.030(H)(2). (see discussion below).
The project would be consistent with Section 14.05.022 of the Zoning Ordinance, which allows residential
uses in the 2/3 MUE District as part of mixed-use projects.
Chapter 16 – Site and Use Regulations - Affordable Housing and Density Bonus Requirement
BioMarin Component
The BioMarin component of the project would be required to comply with the inclusionary housing
requirement for non-residential development. The Zoning Ordinance includes a category and affordable
housing requirement for office or Research and Development uses, however, given that the traffic study
and employee calculations for the project used in the EIR demonstrate that the two buildings would
effectively be used by the same employees (ie engineers would have an office space in one building, but
then do their laboratory work in the other building), staff has recommended that it is more equitable and
appropriate to use a different category to establish the affordable housing requirement. SRMC
14.16.030.I.2 prescribes the process and standards and also allows the Community Development
Director to determine the number of affordable employees based on comparable employee densities.
Therefore, based on the employment densities proposed in these new buildings, the standard used to
determine the number of affordable units is 0.01625/1,000 sq. ft. of gross floor area. For this particular
project, that would result in the requirement for 3.36 affordable units to be provided by the 207,000 sq. ft.
of new building (207 * .01625 = 3.36 affordable units). The current in-lieu fee for one affordable unit sis
343,969.47, therefore the in-lieu fee amount that would be required is $1,155,737.42
Whistlestop Component
Pursuant to Section 14.16.030 (Affordable Housing Requirements) of the Zoning Ordinance, projects
proposing 21 or more housing units are required to provide 20% of the proposed units as ‘affordable’
housing units.
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The entire 999 3rd St site, 133,099 sq. ft. property would be allowed up to 221 units (based on the 1
unit/600 sq. ft. land area), however since the Whistlestop portion of the project is being subdivision into a
15,000 sq. ft. lot, the density is based on the new 15,000 sq. ft. lot. The base density for the Whistlestop
site (15,000 sq. ft. lot/600 sq. ft. density standard) allows the project up to 25 units. The project proposes
all 67 units as affordable and is therefore eligible for a 35% density bonus (or 8.75, rounded up to 9
bonus units). That would make the total of 34 units. However, SRMC Section 14.16.030(H)(2) allows the
City the ability to grant a greater density than allowed under the State Density Bonus if a project includes
more affordability than the minimum required. Given that the project proposes a 100% affordability, the
project can seek the maximum allowable density bonus, plus the additional concession and density
bonus (168% or 42 units) and a concession for an additional 4-ft height bonus under the State Density
Bonus law.
The applicant provided a financial pro forma demonstrating that the additional density bonus results in
“identifiable, financially sufficient and actual cost reductions” (underline added) to the project. This
concession requesting a density bonus above the maximum allowed under the State Density Bonus law
is discretionary, allows the City to review the pro forma. Given that this is a 100% affordable housing
project, the pro forma clearly demonstrates that the additional units are needed to make the project
economically viable, and would result in actual cost reductions
Chapter 17 – Performance Standards – Residential Uses in Commercial Districts
Whistlestop Component
Pursuant to Section 14.17.100 (Residential Uses in Commercial Districts) of the Zoning Ordinance, Use
Permit approval is required to allow residential uses in commercial zoning districts, which is subject to
performance standards. The project has been reviewed for these standards and found to be compliant,
including the location, access, lighting and refuse and storage locations. In terms of the parking, a
specific parking study has been presented that demonstrates that the proposed parking for the senior
center and senior units as proposed, is adequate as discussed further below.
Chapter 18 – Parking Standards
BioMarin Component
Based on existing development and proposed project, there are 1,346 spaces on campus and 243
additional net new spaces that would be accommodated through a previously approved expansion of
Lincoln Ave garage, for a total of 1,589 parking spaces provided on the new campus. When evaluating
the parking demand for the total proposed SRCC campus the total development area as discussed
above is 715,519 sq. ft. The 999 3rd Street property is located within the downtown area which allows for
a parking exemption for the first 1.0 of FAR (118,099). Therefore, utilizing the existing parking rate of
3.3/1,000 sq. ft. for the whole campus (including the new buildings at 999 3rd St) the parking requirement
is based on a total floor area of 597,420 sq. ft. Applying the current parking rates for the existing SRCC
PD (597,420 / 3.3/1,000) the actual parking demand would be 1,971 total spaces. However, as
discussed above, BioMarin has conducted a parking demand study of the existing campus and other
biotech campuses and conducted research of other municipalities in the Bay Area and has concluded
that a “blended” parking demand for the proposed development is more appropriate. The parking
demand analysis is included in the applicant’s project description (on file at the Community Development
Department).
Using the new proposed parking rates, a parking ratio of 3.0 parking spaces per 1,000 square feet of
gross square feet (GSF) for general office uses, 1.5 parking spaces per 1,000 GSF for
laboratory/research and development uses, and 1.0 spaces per 1,000 GSF of amenity uses for the newly
expanded SRCC PD District and applied to the new building and existing buildings, the demand is 1,446
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parking spaces. BioMarin is proposing a total of 1,589 parking spaces throughout the SRCC (with the
majority existing in the two parking structures south of 2nd Street), resulting in a proposed “surplus” of
143 spaces based on the applicant’s calculations and parking analysis.
It is important to note that the City completed the San Rafael Downtown Parking/W ayfinding Study in
July 2017. The summary of that report indicated that even during times of highest use on typical
weekdays and typical Saturdays, the Downtown area, as a whole, has more than enough parking to
accommodate the existing demand. Although both portions of the project provide less parking than what
is typically required, the results of the Wayfinding Study would support a finding that there is excess
parking supply in the project area.
As proposed, the new parking rates assume that many of the existing spaces for SRCC are double
counted (i.e. a lab technician/scientist who has office space but also frequently uses the lab). Parking for
a campus of this size, with a worldwide footprint and Transportation Demand Management Plan, does
not result in all employees being present on campus at all times. Most of the parking for the SRCC is on
the main campus, which would require users of 999 3rd Street to cross 2nd Street. The proposed parking
for the BioMarin component has been reviewed by the Department of Public Works and planning staff
and found to be appropriate for the entire campus and use of the site as a single tenant. Finally, as
discussed above, BioMarin is required to include a contingency as part of the new PD District in the
event that the property is opened up to multiple tenants or a change of use.
Whistlestop Component
The Whistlestop portion of the project includes 12 total spaces, 11 spaces for the senior center, and one
space for the on-site residential manager. The City of San Rafael calculates parking requirement based
on amount of floor area for the commercial component, and by unit for the residential component. The
Whistlestop proposal includes 18,000 sq. ft. for the senior center. Based on requirements in the SRMC
Section 14.18.040, the senior center would require 3.3 spaces / 1,000 sq. ft. However, the project site is
within the Downtown Parking District which discounts 1.0 FAR (or 15,000 sq. ft). Therefore, the
Whistlestop project would only be required to provide 10 total spaces.
Pursuant to SRMC Section14.18.040, senior housing is required to provide 0.75 spaces per unit for a
total of 40 spaces, or as specified by a parking study and Use Permit). The project is requesting a
development standard concession and a parking reduction as part of the formal application because
residents of the senior housing do not own cars and would not be active drivers. Furthermore, because
the project is located in the downtown parking district, visitor parking is adjacent at public lots and street
parking is readily available.
The amount of parking for the Whistlestop component has been reviewed by Department of Public
Works and planning staff and found to be adequate for the site and use of the site as a senior center with
senior housing.
Chapter 22 – Use Permits
BioMarin Component
As discussed earlier in staff’s report, the project will require Master Use Permit approval to allow the
BioMarin component of this site, to be combined into the Planned Development District and master Use
Permit for the main San Rafael Corporate Center: The Master Use Permit provides more specificity on
the mixture of uses, intensity of uses and parking requirements for the proposed new BioMarin campus,
including the 999 3rd St Site.
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Findings to grant the use permit can be made, given the analysis throughout this report and have been
provided in Draft Resolution approving recommending approval of the planning entitlements Exhibit 2g
(at the end of this staff report)
Whistlestop Component
The residential component of the Whistlestop project meets the performance standards listed above and
therefore findings to grant the Use Permit for residential use in commercial District have been made in
Exhibit 2g (at the end of this staff report)
Chapter 25 – Environmental and Design Review Permit
This project would require Environmental and Design Review Permit approval by the Planning
Commission (Commission), given that; it proposes to construct two new R&D (office) buildings and a
new multifamily residential structure. However, the City Council will have final decision on the project,
based on the recommendations of both the Board and the Commission, due to the General Plan and
Zoning Amendments and the concessions requested (additional 42-unit density bonus and 4-ft height
bonus) under the State Density Bonus law.
The pertinent review criteria for Environmental and Design Review Permits, pursuant to Section
14.25.050 (Review Criteria; Environmental and Design Review Permits), are as follows:
• Site Design. Proposed structures and site development should relate to the existing development
in the vicinity. The development should have good vehicular and pedestrian circulation and
access. Safe and convenient parking areas should be designed to provide easy access to
building entrances. The traffic capacity of adjoining streets must be considered. Major views of
the San Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tamalpais and the hills should be
preserved and enhanced from public streets and public vantage points. In addition, respect views
of St. Raphael’s Church up “A” Street.
• Architecture. The project architecture should be harmoniously integrated in relation to the
architecture in the vicinity in terms of colors and materials, scale and building design. The design
should be sensitive to and compatible with historic and architecturally significant buildings in the
vicinity. Design elements and approaches which are encouraged include: a) creation of interest in
the building elevation; b) pedestrian-oriented design in appropriate locations; c) energy-efficient
design; d) provision of a sense of entry; e) variation in building placement and height; and f) equal
attention to design given to all facades in sensitive location.
• Materials and colors. Exterior finishes should be consistent with the context of the surrounding
area. Color selection shall coordinate with the predominant colors and values of the surrounding
landscape and architecture. High-quality building materials are required. Natural materials and
colors in the earth tone and wood tone range are generally preferred. Concrete surfaces should
be colored, textured, sculptured, and/or patterned to serve design as well as a structural function.
• Walls, Fences and Screening. Walls, fences and screening shall be used to screen parking and
loading areas, refuse collection areas and mechanical equipment from view. Screening of
mechanical equipment shall be designed as an integrated architectural component of the building
and the landscape. Utility meters and transformers shall be incorporated into the overall project
design.
• Landscape Design. Landscaping shall be designed as an integral enhancement of the site and
existing tree shall be preserved as much as possible. Water-conserving landscape design shall
be required. A landscaped berm around the perimeter of parking areas is encouraged. Smaller
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scale, seasonal color street trees should be proposed along pedestrian-oriented streets while
high-canopy, traffic-tolerant trees should be proposed for primary vehicular circulation streets.
The review criteria for Environmental and Design Review Permits require that the proposed design
(architecture, form, scale, materials and color, etc.) of all new development ‘relate’ to the predominant
design or ‘character-defining’ design elements existing in the vicinity. The project design would create a
signature design, along a major arterial corridor in the heart of Downtown. The proposed BioMarin
building would create a major architectural entry statement at a key intersection, with a plaza/front porch
feature, unique and high-quality architectural materials. The proposed Whistlestop building provides a
well design building, with adequate articulation, setback and stepacks, to minimize perceived bulk and
mass. The design of both components of the project were previously reviewed in detail by the Design
Review Board and modifications were recommended and made to address DRB comments and the
design has been further improved through these modifications The DRB ultimately found that the design,
architecture and site planning was appropriate, well designed and the DRB recommended approval of
the project design.
San Rafael Design Guidelines:
The San Rafael Design Guidelines (City Council Resolution No. 11667; adopted November 15, 2004)
strive to improve the design of all residential and non-residential development. Overall, staff has
reviewed the proposed project for compliance with the non-residential design guidelines, and finds that
the project generally conforms to the Design Guidelines. Planning staff requests the Board’s guidance in
evaluating the project for consistency with the following applicable Downtown Design Guidelines:
Second/Third and Environs
Second and Third Streets are to be attractive, landscaped major transportation corridors. While
increased pedestrian safety and comfort is desired on Second and Third, greater pedestrian use
of the cross streets is encouraged. The project site is located within the boundaries of the
Second/Third and Environs area of the Downtown, where the following specific design guidelines
apply:
• To provide visual interest, long and monotonous walls should be avoided.
• Building walls should be articulated;
• To create a boulevard effect along Second and Third Streets, varied landscape setbacks
are appropriate;
• Additional high-canopy, traffic-tolerant street trees are strongly encouraged;
• Where possible, residential buildings in this area should orient to the more pedestrian-
friendly side street; and
• Driveway cuts and widths should be minimized to prevent vehicular conflicts.
Downtown Vision.
• The proposed project should be consistent with as many of the applicable policies in the
adopted Our Vision of Downtown San Rafael; Second/Third Corridor Vision, including:
• Capitalize on the proximity to the freeway, Transportation Center and vitality of the
Lindaro District, in the area east of B Street with housing in mixed use projects with
ground-floor retail uses to support the needs of the residents and surrounding office uses.
• Make Second and Third Street more attractive and safe for pedestrians by: A) Planting for
street trees; B) creating a visual buffer between pedestrians and the street; and C)
Reducing the number of driveways which interrupt sidewalks.
• Encourage safe and efficient auto transportation to and through the Downtown on Second
and Third Streets and respect the needs of pedestrians. Second and Third Streets are the
county access streets.
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• Vary building heights and densities, concentrating the most intense development towards
the east, closest to the freeway and Transportation Center, including building heights of
two to five stories and higher densities east of B Street and heights of one to three stories
and lower densities west of B Street
The proposed project would be consistent with most of the applicable policies in the Downtown Vision
document. The review criteria for Environmental and Design Review Permits require that the proposed
design (architecture, form, scale, materials and color, etc.) of all new development ‘relate’ to the
predominant design or ‘character-defining’ design elements existing in the vicinity. The DRB reviewed
the project and determined that the project design is consistent with the applicable San Rafael Design
Guidelines.
Development Agreement:
State planning law authorizes cities to engage into binding agreements with property owners of allowing
and vesting development right for property. The City has established it’s own procedures and
requirements for Development Agreements (DA), which are outlined in City Council Resolution No. 6089.
Because a DA allows a legal vesting of development rights, it provides the City the opportunity to request
and negotiate improvements that would not normally be allowed or required through the typical
development review process. A DA can vest City approval for up to 10 years.
DA’s are legislative act, and therefore requires ultimate adoption of an Ordinance by the City Council,
following review and recommendation that the DA is consistent with the General Plan. Action on a DA is
also subject to CEQA.
The original development of the San Rafael Corporate center in the late 1990’s included a DA which
established 1) 10-year term on the approvals, and 2) height bonus for some of the buildings in the
campus. The additional amenities obtained through the DA included provision of a conference room
accessible to the public, Mahon Park, street widening, and other enhancements. Over the next 10 years,
ownership of the SRCC campus changed multiple times and the DA was amended two times. Between
2004 and 2013, the approved project was built-out in phases, and the SRCC is now composed to five (5)
buildings (four office and one lab) totaling 400,700 sq. ft. with two parking structures.
BioMarin has requested a DA for this project. The primary purpose of the requested DA is to establish a
longer timeframe to maintain their planning approvals. Rather than the typical 2 years granted for
planning entitlements, BioMarin is requesting a 10-year term. The reason for this request is that BioMarin
does not have the need to build the two additional buildings, but in order to facilitate the Whistlestop
component of the project and facilitate the moving of the Whistlestop/EDEN project form the previously
proposed location at 930 Tamalpais to another site, they had agreed to submit their development plans
in conjunction with Whistlestop, but are requesting a 10 year term to build out their component of the
project.
The specific term sheet for the DA is included as part of Exhibit 2f, but in summary, the DA requests the
terms and offers the following public benefits.
Terms Requested
• 10-year timeframe to vest their approval and build their portion of the project
• Freezing of impact fees at current rates.
• Removal of a prior requirement from an earlier approval that requires a new path be provided
from Lincoln Ave to 2nd St, along the back side of the Lincoln Ave garage.
• Relocation of the conferences rooms that are available to the public after hours from their current
location (750 Lindaro building) to one of the new main building at 999 3rd St, once built. The conf
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rooms would be of equal size and functionality and operate under the same rules for public use
as now.
• Continued public use of park along Mahon Creek, behind 750 Lindaro St and 781 Lincoln Ave, as
required by original Development Agreement for construction of San Rafael Corporate Center.
Public Benefits Offered
• Donation of $1.2 million to Whistlestop through 1) Providing Whistlestop a 15,000 sq. ft. lot on a
portion of the 999 3rd St site; and 2) BioMarin acquiring Whistlestop's corporation yard on Lindaro
St. The net exchange results in a $1.2 million donation towards Whistlestop.
• Remediation of 999 3rd St site to allow for residential use which will cost BioMarin $16 million to
complete, and $2 million of which is BioMarin’s out of pocket costs.
• Provision of a public plaza front porch in front of the new building at 999 3rd St.
• Provision of 3,500 sq ft retail space in new building at 999 3rd St.
• $400,000 contribution to City toward 1st last mile initiatives, or for other traffic/circulation/parking
improvement measures as determined by the City. (1st/last mile relates to transit options or other
bicycle/pedestrian improvements to get people to and from the transit station to work, for
commuters who take the bus or train).
• $500,000 contribution toward synchronization of traffic lights along the 2nd and 3rd Street
corridors to improve traffic flow or for other traffic/circulation/ parking improvement measures as
determined by the City.
• Addition of class II bike lane along Lindaro, From Anderson Dr to 3rd St.
• Improvement of intersection of 2nd St//Lindaro.
• Allow city to use 70% of the BioMarin portion of the 999 3d St site for public parking and ancillary
uses until such time as construction begins on the two BioMarin buildings.
• Certain commitments if the two new buildings are not built within certain timeframes within the 10-
year Development Agreement term.
Executive City staff has met and conferred with the BioMarin team to negotiate a draft DA. Furthermore,
the City Council appointed a sub committee of two members (Mayor Phillips and Councilmember
McCullough) to further negotiate the draft terms of the DA. Based on these negotiations, staff
recommends that the DA provides an adequate offer of public benefit to offset the extended 10-year term
to freeze the entitlements and recommends approval of the DA.
The proposed public benefit package included in the DA, also contemplates and accounts for the public
benefits required for the City to grant a Statement of Overriding Considerations to significant,
unavoidable impacts identified int eh DEIR, as well as the public benefits needed for the City to grant
Exception to the LOS standards in the General Plan and the General Plan amendments to height bonus
and FAR
DESIGN REVIEW BOARD RECOMMENDATION
The Design Review Board (DRB) has reviewed this project on three (3) separate meetings; once as a
pre-application design (February 6, 2018) and two times as a formal Design Review (June 18, 2019 and
August 21, 2019).
On February 6, 2018, the Board (Commissioner Lubamersky as PC liaison) reviewed the proposed
conceptual project and was generally supportive of the conceptual designs including the bulk, mass,
height and design aesthetic and provided comments for the applicants to consider prior to the formal
application. In general, the Board was receptive to the overall project, and even suggested allowing for
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additional height of the senior residential in exchange for additional units and the required setbacks to
street frontages. The BioMarin architecture was well received with minor suggested tweaks.
The applicant refined the project design to address prior comments and submitted their formal
applications. The Board reviewed the formal applications for this project at a regular meeting on June 18,
2019 (former Commissioner Robertson as PC liaison). The Board was in general agreement for the
majority of the design elements. As with previous review of the project design, the Board was in general
agreement of the overall project design, but requested some minor changes to the Whistlestop/EDEN
Housing fenestration and upper story articulation. The Board also requested minor changes to the
Lindaro/3rd Street corner of the BioMarin project, suggesting improved landscaping, pedestrian access
and other minor edits to the architecture. The Board preliminarily recommended approval of the project
pending a consent calendar return to the Board for final approval.
Finally, the project was referred to the Board as a consent calendar item on August 20, 2019
(Commissioner Schoppert as PC liaison) for its final recommendation to the Planning Commission on the
proposed site and building design revisions. The proposed revisions to building facades were deemed in
keeping with Board suggestions and are consistent with the overall site plan and proposed project.
Similarly, the proposed landscaping revisions for the project were deemed consistent with the overall
landscape plan for the project site.
Therefore, the DRB has completed the review and ultimately recommended approval of the project
design. The review by the DRB has resulted in refinements to both the BioMarin and Whistlestop
buildings and the site improvements and landscaping to better the project.
ENVIRONMENTAL DETERMINATION
This hearing is for the Commission to complete their review and provide their recommendation on the
project to the City Council. The CEQA process has been completed and as part of the Commission’s
consideration of the requested entitlements, the Commission will also be considering whether to
recommend to the Council certification of the Final EIR. The following outlines the CEQA process that
has been completed for this project.
Notice of Preparation (NOP):
On February 8, 2019, a Notice of Preparation (NOP) was mailed and published for a 30-day public
review and comment period, consistent with the CEQA Guidelines. On March 12, 2019, the Commission
held a scoping meeting during the 30-day comment period to hear public comment on the scope of the
Draft Environmental Impact Report (DEIR). The purpose of the DEIR is to identify potential impacts to
various environmental topics and analyze the extent to which the project design and alternatives would
result in significant environmental impacts and will identify appropriate project modifications or mitigation
measures to reduce or eliminate these impacts. Issues that were determined to be examined include the
following: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards,
Noise, Public Services, Recreation, Greenhouse Gases, Hydrology and Water Quality, Land Use and
Planning, Transportation/Traffic, Energy, Utilities, cumulative effects and a reasonable range of
alternatives.
The NOP made determined that the following topic areas would not require discussion in the EIR:
Agriculture and Forestry Resources, Mineral Resources, and Population and Housing. There are no
agricultural or forestry uses, mapped mineral resources, or existing housing on the site.
Growth inducement would be addressed as its own topic in the DEIR. Verbal comments were accepted
at the NOP scoping meeting, and were combined with submitted written comments. The Commission
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ultimately voted 7-0 (Motion by Commissioner Schoppert/Second by Commissioner Schaefer) to direct
staff to prepare the DEIR with the additional topic areas identified by the Commission.
Notice of Completion (NOC) and Publication of DEIR:
The City’s environmental consultant, Amy Skewes-Cox, completed the DEIR and a NOC was distributed
on August 9, 2019, pursuant to Section 15372 of the CEQA Guidelines. A Notice of Availability and
public hearing notice was also mailed to all interested parties, including property owners, businesses and
residents, within 500 feet of the site, as well as appropriate neighborhood groups (Gerstle Park
Neighborhood Association, Bret Harte Community Assn, Montecito Area Residents Assn, Lincoln./San
Rafael Hill Neighborhood Assn and the Federation of San Rafael Neighborhoods), interested parties and
other governmental and quasi-governmental agencies. Additionally, notice was posted on the site, at
both the existing building and proposed parking structure location and published in the Marin
Independent Journal newspaper on Saturday, August 10, 2019.
The DEIR was mailed to the State Clearinghouse (SCH# 2019029046) and responsible State agencies
at the start of the public review period. The DEIR was also made available for review online at the City of
San Rafael website (http://www.cityofsanrafael.org/999-3rd/, at the San Rafael Public Library, and at San
Rafael City Hall Planning Division offices. A limited number of printed copies have also been available for
loan, and electronic CD copies of the document have been available for purchase.
Pursuant to the CEQA-mandated 45-day public review period from receipt of the NOC, the City accepted
written comments on the DEIR until the Commission hearing on September 24, 2019. Verbal comments
were also be accepted at the Commission meeting, although the public was encouraged to submit
comments in written format so that they can be accurately and adequately responded to in the Final EIR.
Draft DEIR Summary and Conclusions:
The DEIR concludes levels of impact to the following topical areas: :
• Less-than-Significant Impact: Potential impacts to the following topical areas were determined to
be less-than-significant and would not require further mitigation: Aesthetics, Energy, Greenhouse
Gas Emissions, Public Services, Recreation, Tribal Cultural Resources, and Utilities and Service
Systems
• Less-than-significant, with mitigation: Potential impacts to the following topical areas were
determined to be reduced to less-than-significant levels with recommended mitigation measures
that incorporate best management practices consistent with the City of San Rafael General Plan
and Zoning Ordinance:
• Air Quality, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology
and Water Quality, Noise and Transportation (ten impact issues)
• Significant and Unavoidable Impacts: The DEIR concluded that the project would result in four
potentially significant and unavoidable impacts to Land Use and Planning (one impact) and
Transportation (three impact issues).
All impacts must be mitigated to the extent feasible. The City would be required to adopt a Statement of
Overriding Considerations pursuant to Section 15093(a) of the CEQA Guidelines before approving any
project having unavoidable significant effects.
The following is a summary of the potential impacts that are less-than-significant with mitigation or
significant and unavoidable:
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Air Quality
Air Quality impacts were analyzed in Chapter 4.2 (pages 4.2-1 – 4.2-24) of the DEIR. The DEIR
determined that the Project would not exceed the temporary or operational period emissions Bay Area
Air Quality Management District (BAAQMD) significance thresholds. Construction activities, particularly
during site preparation and grading, would temporarily generate fugitive dust in the form of particulate
matter: PM10 and PM2.51. Sources of fugitive dust would include disturbed soils at the construction site
and trucks carrying uncovered loads of soils. Unless properly controlled, vehicles leaving the site would
deposit mud on local streets, which could be an additional source of airborne dust after it dries. The
BAAQMD CEQA Air Quality Guidelines consider these impacts to be less-than-significant with mitigation,
if best management practices are implemented to reduce these emissions.
Recommended Mitigation Measures for Air Quality
Implementation of Mitigation Measure AIR-1 would reduce Fugitive dust emissions during project
construction that could adversely affect a substantial number of people. (page 4.2-22):
Mitigation Measure AIR-1: During project construction, the contractor shall implement a dust
control program that includes the following measures recommended by the BAAQMD:
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders
are used.
6. A publicly visible sign shall be posted with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The Bay Area Air Quality Management District (BAAQMD) phone number
shall also be visible to ensure compliance with applicable regulations.
Cultural Resources
Cultural Resources impacts were analyzed in Chapter 4.3 (pages 4.3-1 – 4.3-12) of the DEIR. The
project would have less-than-significant impacts on human remains, including those interred outside
formal cemeteries. As noted above under “Pre-Contact Archaeological Resources and Human Remains,”
Native American human remains could be encountered below the engineered fill at the project site.
Should human remains be unearthed during project construction, these would be treated in accordance
with existing state laws, including California PRC Section 5097.98 and California Health and Safety Code
Section 7050.5. With enforcement and implementation of these state laws, project impacts on human
remains would be Less-than-significant, and no mitigation measures are required.
Recommended Mitigation Measures for Cultural Resources
Implementation of the following Cultural Resources mitigation measures CULT-1 and CULT-2 would
reduce construction level impacts to a less-than-significant level, with mitigation (pages 4.3-8 and 4.3-9):
Mitigation Measure CULT-1: Should an archaeological deposit be encountered during project
subsurface construction activities, all ground-disturbing activities within 25 feet shall be redirected
and a qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications
1 PM10: Particulate matter less than 10 microns in diameter, about one-seventh the thickness of a human hair. PM2.5: Particulate matter 2.5
microns or less in diameter.
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Standards for Archeology contacted to assess the situation, determine if the deposit qualifies as a
historical resource, consult with agencies as appropriate, and make recommendations for the
treatment of the discovery. If the deposit is found to be significant (i.e., eligible for listing in the
California Register of Historical Resources), the applicant shall be responsible for funding and
implementing appropriate mitigation measures. Mitigation measures may include recordation of the
archaeological deposit, data recovery and analysis, and public outreach regarding the scientific and
cultural importance of the discovery. Upon completion of the selected mitigations, a report
documenting methods, findings, and recommendations shall be prepared and submitted to the City
for review, and the final report shall be submitted to the Northwest Information Center at Sonoma
State University. Significant archaeological materials shall be submitted to an appropriate curation
facility and used for public interpretive displays, as appropriate and in coordination with a local Native
American tribal representative.
The applicant shall inform its contractor(s) of the sensitivity of the project area for archaeological
deposits and shall verify that the following directive has been included in the appropriate contract
documents:
“The subsurface of the construction site may be sensitive for Native American archaeological
deposits. If archaeological deposits are encountered during project subsurface construction, all
ground-disturbing activities within 25 feet shall be redirected and a qualified archaeologist
contacted to assess the situation, determine if the deposit qualifies as a historical resource,
consult with agencies as appropriate, and make recommendations for the treatment of the
discovery. Project personnel shall not collect or move any archaeological materials.
Archaeological deposits can include shellfish remains; bones; flakes of, and tools made from,
obsidian, chert, and basalt; and mortars and pestles. Contractor acknowledges and understands
that excavation or removal of archaeological material is prohibited by law and constitutes a
misdemeanor under California Public Resources Code, Section 5097.5.”
Mitigation Measure CULT-2: Mitigation Measure CULT-1 shall be implemented.
Geology and Soils
Geology and Soils impacts were analyzed in Chapter 4.5 (pages 4.5-1 – 4.5-18) of the DEIR. The
potential impacts related to these hazards are analyzed, including impacts from strong ground
shaking, liquefaction, differentiated settlement, and unstable or expansive soils. The DEIR concluded
that there would be no substantial adverse impacts related to surface rupture, landslides, or topsoil
erosion and would be Less-than-significant with no mitigation required. The project could potentially
create a risk to structures and human lives due to ground shaking and corrosive soils and potentially
damage unknown unique paleontological resources.
Recommended Mitigation Measures for Geology and Soils
Implementation of Mitigation Measure GEO-1 and GEO-2, which would ensure adherence to
geotechnical report recommendations and California Building Code design criteria, would reduce
potential impacts to a less-than-significant level. (page 4.5-13 and 4.5-14):
Mitigation Measure GEO-1: The project applicant shall implement all of the recommendations of the
design-level geotechnical investigation, including design criteria, plan review, and construction period
monitoring recommendations. Prior to the issuance of a grading permit and building permit, the
applicants shall demonstrate to the satisfaction of the City Engineer that the recommendations of the
design-level geotechnical investigation have been incorporated into the project grading plans and
building plans.
Mitigation Measure GEO-2: The project applicant shall implement Mitigation Measure GEO-1.
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The implementation of Mitigation Measure GEO- 3, which requires that excavation activities be halted
should a paleontological resource be encountered and the curation of any substantial find, would
reduce this impact to a less-than significant level.
Mitigation Measure GEO-3: Should paleontological resources be encountered during project
subsurface construction activities located in previously undisturbed soil and bedrock, all
ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to
assess the situation, consult with agencies as appropriate, and make recommendations for the
treatment of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an
individual with the following qualifications: 1) a graduate degree in paleontology or geology and/or a
person with a demonstrated publication record in peer-reviewed paleontological journals; 2) at least
two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in
the field and determining their significance; 4) expertise in local geology, stratigraphy, and
biostratigraphy; and 5) experience collecting vertebrate fossils in the field.
If the paleontological resources are found to be significant and project activities cannot avoid
them, measures shall be implemented to ensure that the project does not cause a substantial
adverse change in the significance of the paleontological resource. Measures may include
monitoring, recording the fossil locality, data recovery and analysis, a final report, and
accessioning the fossil material and technical report to a paleontological repository. Upon
completion of the assessment, a report documenting methods, findings, and recommendations
shall be prepared and submitted to the City for review. If paleontological materials are recovered,
this report also shall be submitted to a paleontological repository such as the University of
California Museum of Paleontology, along with significant paleontological materials. Public
educational outreach may also be appropriate.
The project applicants shall inform its contractor(s) of the sensitivity of the project site for
paleontological resources and shall verify that the following directive has been included in the
appropriate contract specification documents:
“The subsurface of the construction site may contain fossils. If fossils are encountered during project
subsurface construction, all ground-disturbing activities within 25 feet shall be halted and a qualified
paleontologist contacted to assess the situation, consult with agencies as appropriate, and make
recommendations for the treatment of the discovery. Project personnel shall not collect or move any
paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of
past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails,
clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea
lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse,
and bison. Contractor acknowledges and understands that excavation or removal of paleontological
material is prohibited by law and constitutes a misdemeanor under California Public Resources
Code, Section 5097.5.”
Hazards and Hazardous Materials
Hazards and Hazardous Materials were analyzed in Chapter 4.7 (pages 4.7-1 – 4.7-22) of the DEIR. The
project site is currently undergoing remediation pursuant to requirements of the Department of Toxic
Substances Control (DTSC) related to the historical use of the site as a Manufactured Gas Plant from
1875 to 1930. The project does not have the potential to create a significant hazard through transport,
use or disposal of hazardous materials nor would it release hazardous materials or emissions during
construction or near a school. Short-term and operational impacts related to hazardous materials as a
result of the project construction would be reduced to Less-than-significant levels. However, accidental
release of hazardous materials during operation could be potentially significant.
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Recommended Mitigation Measures for Hazards and Hazardous Materials
Implementation of Mitigation Measure HAZ-1 will ensure that post-remediation conditions of the project
site and ensure the engineering controls are operated and maintained (page 4.7-20), therefore would be
Less-than-significant with mitigation:
Mitigation Measure HAZ-1: Prior to the approval of building permits, the applicant shall provide the
City of San Rafael with a letter from the Department of Toxic Substances Control (DTSC) indicating
that the project site has been appropriately remediated and appropriate engineering controls (e.g.,
vapor mitigation systems and contaminated soil caps) have been incorporated into the project
design, as necessary, to ensure that future occupants of the project site would not be exposed to
unacceptable health risks from hazardous materials in the subsurface of the project site. The
Covenant and Agreement to Restrict Use of Property (Covenant) and Operation and Maintenance
(O&M) Plan for the project site shall be amended to account for post-remediation conditions of the
project site and ensure the engineering controls are operated and maintained such that conditions at
the project site remain protective of human health and the environment.
Implementation of Mitigation Measure HAZ-1, compliance with the requirements of the Covenant
and O&M Plan as required by DTSC, and compliance with existing regulations related to
hazardous materials that would be handled during operation of the project would ensure that the
proposed project would result in less-than-significant impacts related to accidental releases of
hazardous materials during operation.
Hydrology and Water Quality
Hydrology and Water Quality were analyzed in Chapter 4.8 (pages 4.8-1 – 4.8-22) of the DEIR. The
project is generally consistent with local water quality control plans and would not result in construction or
operational impacts related to erosion, flood flows, or flood hazards and tsunamis. Development of the
proposed project could substantially degrade surface and groundwater quality. Changes in drainage
patterns on the project site could result in localized flooding due to the exceedance of the local
stormwater drainage system capacity.
Recommended Mitigation Measures for Hydrology and Water Quality
Implementation of Mitigation Measure HYDRO-1 and HYDRO-2 will ensure that development of the
project would not degrade surface or groundwater quality and not substantially change drainage patterns
that would impact the local stormwater drainage system (page 4.8-17 and 4.8-18), therefore would be
less-than-significant with mitigation:
Mitigation Measure HYDRO-1: Prior to the approval of building permits, the applicant shall provide
the City of San Rafael with a letter from the Department of Toxic Substances Control (DTSC)
indicating that the infiltration proposed by the post-construction stormwater management plans would
not lead to the spread of existing groundwater contamination or interference with the effectiveness of
the groundwater extraction and treatment system located adjacent to the south and southeast of the
project site. If DTSC indicates that restrictions to infiltration are necessary, then the post-construction
stormwater management plan shall be modified, as appropriate, to limit infiltration. For example, the
pervious pavements and bioretention facilities could be underlain by a low permeability liner that
would limit infiltration to the subsurface. Any changes to the post-construction stormwater
management plan must be approved by DTSC and the City Engineer prior to approval of building
permits.
Mitigation Measure HYDRO-2: The project applicant shall incorporate the recommendations of the
preliminary hydrology study into the project design, and shall complete a final hydrology study based
on the final design of the proposed project. The final hydrology study shall verify that peak flows to
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individual points of drainage around the project site would be limited to at or below existing levels
under the final project design, or shall provide recommendations to achieve these limits. The project
applicants shall implement all of the recommendation of the final hydrology study. Prior to the
issuance of a grading permit and building permit, the applicants shall demonstrate to the satisfaction
of the City Engineer that the recommendations of the final hydrology and hydraulic study have been
incorporated into the project grading plans and building plans.
Land Use and Planning
Land Use and Planning impacts were analyzed in Chapter 4.9 (pages 4.9-1 – 4.9-10) of the DEIR. In
general, the proposed project would be consistent with federal, state, and local regulations and policies.
However, impacts related to transportation and vehicle trips would degrade levels of service at nearby
intersections with no possible mitigation measures available to reduce to the level of significance to less
than significant levels. Therefore, the following is a significant, unavoidable impact.
Impact LAND-1: The project could result in a conflict with San Rafael General Plan 2020 Policy LU-
2, which specifies that new development should only occur when adequate traffic conditions and
circulation improvements are available. Refer to Impacts TRANS-2, TRAN-3, and TRANS-4 (see
Section 4.13, Transportation, of the DEIR). As shown for these three potential impacts, no mitigation
measure would be available to reduce these impacts to less-than-significant levels. Thus, this
potential impact would remain significant and unavoidable.
No feasible mitigation measures are available, and therefore this impact would be significant and
unavoidable on both a project and cumulative basis.
Noise
Noise impacts were analyzed in Chapter 4.10 (pages 4.10-1 – 4.10-26) of the DEIR. Noise impacts were
evaluated in the DEIR specific to temporary (construction) and long -term (operational) periods for the
proposed buildings and site improvement. The DEIR concluded that permanent noise increases from the
project would neither violate the City’s noise ordinance thresholds nor result in substantial permanent
noise increases.
Noise impacts specific to temporary construction activities would however require mitigation. The Noise
impacts resulting from temporary construction depend upon the noise generated by various pieces of
construction equipment, the timing and duration of noise-generating activities, and the distance between
construction noise sources and noise-sensitive areas. Construction noise impacts primarily result when
construction activities occur during noise-sensitive times of the day (e.g., early morning, evening, or
nighttime hours), the construction occurs in areas immediately adjoining noise-sensitive land uses, or
when construction lasts over extended periods of time.
Recommended Mitigation Measures for Noise
Implementation of the following Noise mitigation measures would reduce construction level impacts to a
less-than-significant level (pages 4.10-16 to 4.10-22):
Mitigation Measure NOISE-1a: The BioMarin project applicant shall require use of noise-reducing
measures that may include the following and that shall be described and included in applicable
contract specifications: After the Whistlestop/EDEN Housing project is completed and housing
residents, require that the construction contractor for BioMarin Building A and BioMarin Building B not
operate more than one piece of noise-generating equipment (listed in Table 4.10-10) within 40 feet of
the Whistlestop/EDEN Housing project. This would ensure that the 90 dBA Lmax is not exceeded at
the Whistlestop/EDEN Housing project.
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Mitigation Measure NOISE-1b: The BioMarin and Whistlestop/EDEN Housing project applicants
shall require use of noise-reducing measures that may include the following and that shall be
described and included in applicable contract specifications:
1. Equip internal combustion engine-driven equipment with intake and exhaust mufflers that are in
good condition and are appropriate for the equipment.
2. Locate all stationary noise-generating equipment, such as air compressors and portable power
generators, as far away as possible from noise-sensitive land uses. Muffle the stationary
equipment, and enclose within temporary sheds or surround by insulation barriers, if feasible.
3. To the extent feasible, establish construction staging areas at locations that would create the
greatest distance between the construction-related noise sources and noise-sensitive receptors
during all project construction.
4. Use "quiet" air compressors and other stationary noise sources where technology exists.
5. Construct or use temporary noise barriers, as needed, to shield on-site construction and
demolition noise from noise-sensitive areas to the extent feasible. To be most effective, the
barrier should be placed as close as possible to the noise source or the sensitive receptor.
Examples of barriers include portable acoustically lined enclosure/housing for specific equipment
(e.g., jackhammer and pneumatic-air tools, which generate the loudest noise), temporary noise
barriers (e.g., solid plywood fences or portable panel systems, minimum 8 feet in height), and/or
acoustical blankets, as feasible.
6. Control noise levels from workers’ amplified music so that sounds are not audible to sensitive
receptors in the vicinity.
7. Prohibit all unnecessary idling of internal combustion engines.
Mitigation Measure NOISE-1c: The BioMarin and Whistlestop/EDEN Housing construction
contractors shall develop a set of procedures that are described and included in applicable contract
specifications for tracking and responding to complaints received pertaining to construction vibration
and noise, and shall implement the procedures during construction. At a minimum, the procedures
shall include:
1. Designation of an on-site construction complaint and enforcement manager for the project.
2. Protocols specific to on-site and off-site receptors for receiving, responding to, and tracking
received complaints. The construction complaint and enforcement manager shall promptly respond to
any complaints and work cooperatively with affected receptors to ensure that the source of the noise-
or vibration-generating activity is discontinued or determine an acceptable schedule to resume the
activity when the receptor is not present in the residence.
3. Maintenance of a complaint log that records what complaints were received and how these
complaints were addressed.
Mitigation Measures NOISE-1d: Nearby residents shall be informed by posting informational
notices on the fence line of the construction site. The notice shall state the date of planned
construction activity and include the contact information of the construction complaint and
disturbance coordinator identified in Mitigation Measure NOISE-1b.
The above measures shall be included in contract specifications. In addition, an independent
construction monitor shall conduct periodic site inspections, but in no event fewer than four total
inspections, during the course of construction to ensure these mitigation measures are implemented
and shall issue a letter report to the City of San Rafael Building Division documenting the inspection
results. Reports indicating non-compliance with construction mitigation measures shall be cause to
issue a stop work order until such time as compliance is achieved.
The combination of the four mitigation measures above would reduce the impact to a less-than-
significant level.
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Mitigation Measure NOISE-2: The project applicant shall use mechanical equipment selection and
acoustical shielding to ensure that noise levels from the installation of mechanical equipment do not
exceed the exterior noise standards of 60 dBA Lmax/50 dBA Leq during daytime or 50 dBA Lmax/40
dBA Leq during nighttime at the nearest residential land uses, and do not exceed the exterior noise
standards of 65 dBA Lmax/55 dBA Leq during both daytime and nighttime at the nearest commercial
land uses. Controls that would typically be incorporated to attain this outcome include locating
equipment in less noise-sensitive areas, when feasible; selecting quiet equipment; and providing
sound attenuators on fans, sound attenuator packages for cooling towers and emergency generators,
acoustical screen walls, and equipment enclosures.
Mitigation Measure NOISE-3: Mitigation Measures NOISE-1a through NOISE-1d shall be
implemented.
Transportation
Traffic impacts were analyzed in Chapter 4.13 (pages 4.13-1 – 4.13-28) of the DEIR. The project
applicants contracted with Fehr & Peers to prepare the Transpiration Impact Study for BioMarin 999 3rd
Street San Rafael Campus Expansion Project for the proposed Project. Fehr & Peers collected traffic
counts at local intersections and evaluated the components of the Project to evaluate the Project trip
generation, distribution, and assignment characteristics, allowing for an evaluation of Project impacts on
the surrounding roadway network.
Fehr & Peers estimated the amount of traffic associated with the Project by evaluating intersections,
roadway segments and operations on Highway 101. Thirty-six intersections were studied in the
Transportation Impact Study. Existing weekday AM (7am - 9am) peak hours and PM (4pm – 6pm) peak
hour traffic counts and intersection service levels are provided in the Transportation Impact Study. All 36
study intersections currently operate at acceptable level of service (LOS).
Six arterial roadway segments were evaluated in the Transportation Impact Study. Each of the segments
operates acceptably, except for 2nd Street between D Street and the Hetherton Street/US 101
southbound ramp intersection. During both the weekday AM and PM peak hours, this segment currently
functions at LOS E with average travel speeds ranging from 7 to 9 miles per hour (mph).
The Transportation Impact Study assessed the operations of US 101 between I-580 and Lincoln Avenue.
During the weekday peak hours, each of the segments operates acceptably except for southbound US
101 between the 2nd Street on-ramp and off-ramp to eastbound I-580. During the AM peak hour, the
highway weaving segment functions at LOS F.
Additionally, existing pedestrian, bicycle, and transit facilities within the Project study area were identified
and the Project’s impacts to these existing facilities were evaluated. The traffic study also includes an
evaluation of collision history within the project area.
The DEIR evaluated the Fehr & Peers report that analyzed the following scenarios:
Baseline and Baseline-Plus-Project Conditions
The Baseline scenario includes traffic volume increases and changes estimated to occur in the next
few years just prior to the proposed project’s opening. These increased traffic volumes would be
associated with approved but not yet constructed land use developments, approved and funded
transportation system improvements, and traffic increases expected due to regional growth. The
traffic generated by these projects added to existing traffic would constitute the Baseline scenario.
Cumulative and Cumulative-Plus-Project Conditions
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Cumulative conditions include market-level population and employment growth, as well as expected
transportation improvements for the year 2040.
Parking
While not an issue considered under CEQA, parking is a major component of the proposed project. The
project by itself (without being combined with the existing SRCC campus) would require a total of 293
parking spaces. As part of the project description, the BioMarin applicant is proposing a “blended”
parking requirement to accurately reflect the demand and need for parking spaces related to the
proposed development. As a result, the applicant has proposed that the BioMarin project have a total of
29 spaces on the project site. When combined with other SRCC parking demands, a total of 1,446
parking spaces would be required for all BioMarin parcels. For the Whistlestop/EDEN Housing project, a
total of 10 parking spaces would be required, and this requirement would be met by the provision of 12
ground-level parking spaces.
Recommended Mitigation Measures for Transportation
The following mitigation measures are recommended as reasonable and feasible, and appropriate for the
impacts associated with the proposed Project and would reduce significant adverse impacts related to
increased traffic trips to Less-than-significant levels (pages 4.13-21 to 4.13-27):
Mitigation Measure TRANS-1 BioMarin, or any successive owner or lessor of the site, shall continue
and expand the implementation of a Transportation Demand Management (TDM) program that
focuses on reducing vehicle trips and improving traffic flow. BioMarin, or any successive owner or
lessor of the site, shall generate at least 15 percent fewer vehicle trips on a daily, AM peak hour, and
PM peak hour basis (i.e., 1,584 daily, 173 AM peak hour, and 162 PM peak hour trips) as compared
to those projected by the project applicant. BioMarin and any successive owner or lessor of the site
shall monitor, on an annual basis, all traffic generated at the site, including single-occupant vehicles,
carpools, pedestrian and bicycle trips, and public transit use, to gauge success and promote
appropriate measures to retain vehicle trip rates at, or below, the current trip rates. BioMarin, or any
successive owner or lessor of the site, shall submit an annual TDM monitoring report to the City of
San Rafael for City review. This mitigation measure shall continue in perpetuity for the project site
until the 15 percent reduction is identified for three consecutive years. This mitigation measure would
reduce the impact to Less-than-significant.
Mitigation Measure TRANS-5: Project construction shall abide by the City of San Rafael’s
provisions regarding transportation and parking management during construction activities. In
addition, the project applicants shall develop a demolition construction traffic management plan
defining hours of operation, specified truck routes, and construction parking provisions. This plan
shall be prepared by the applicants and approved prior to issuance of a building permit by the City of
San Rafael Department of Public Works. The project applicants shall ensure that any parking losses
associated with construction vehicles do not affect parking availability on downtown streets.
Mitigation Measure TRANS-6: The project applicant shall improve the pavement sections of the
roadways peripheral to the project site to a condition acceptable to the City Engineer. The applicants
shall complete a “pre-construction” study, followed by a “post-construction” survey to determine what
road improvements would be the responsibility of the applicants. These studies shall be submitted to
the City Engineer for approval.
Mitigation Measure TRANS-7:
o TRANS-7a: The project applicant shall maintain landscaping at project driveways to avoid sight
distance conflicts. Shrubs shall not be higher than 30 inches and tree canopies shall be at least 7
feet from the ground.
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o TRANS-7b: The City of San Rafael shall prohibit parking at least 20 feet in advance and 20 feet
behind each of the project’s six driveways.
The combination of these two mitigation measures would reduce the impact to Less-than-significant.
Mitigation Measure TRANS-8: The project applicant shall fund the design and construction of curb
ramp improvements at all corners of the following intersections: 3rd Street and Lindaro Street, 3rd
Street and Brooks Street, 2nd Street and Brooks Street, and 2nd Street and Lindaro Street.
Mitigation Measure TRANS-9: The project applicant shall fund the design and construction of
improvements related to the provision of a crosswalk across the western leg of the 3rd Street and
Lindaro Street intersection. These improvements shall include, but not be limited to, curb and
roadway infrastructure work, as well as traffic and pedestrian signal modifications. They may include
revisions to or removal of the driveway on the north side of the intersection. The design of these
improvements would be approved by the City Engineer.
Mitigation Measure TRANS-10: The project applicants shall fund the design and construction of
improvements related to the provision of a Pedestrian Hybrid Beacon, or other pedestrian crossing
enhancements as deemed appropriate by the City of San Rafael Department of Public Works, at the
3rd Street and Brooks Street intersection. These improvements could include, but not be limited to,
curb and roadway infrastructure work, as well as traffic and pedestrian signal modifications.
Mitigation Measure TRANS-11: Vehicle travel on Brooks Street at 2nd Street shall be limited to
one-way northbound/outbound only. Brooks Street at 3rd Street shall allow both inbound and
outbound traffic to the driveway just south of the Whistlestop/EDEN Housing project. The project
applicants shall modify the project, as needed, to enable sufficient sight distance between westbound
motorists on 3rd Street and northbound motorists, stopped behind a future marked crosswalk, on
Brooks Street. Modifications may include, but not be limited to, building design changes, roadway
curb extensions, or revisions to proposed hardscaping and/or landscaping. Any changes shall be
approved by the City of San Rafael Department of Public Works.
Mitigation Measure TRANS-12: The project applicant shall install systems that provide vehicle-
activated audible and visual warnings for vehicles egressing the driveways on Brooks Street.
Mitigation Measure TRANS-13: The sliding gates at the 3rd Street driveway and the southern
Brooks Street driveway shall be approved by the City of San Rafael Fire and Police Departments and
shall enable access by emergency service providers.
Significant and Unavoidable Impacts for Transportation
The following impact areas are potentially significant, and no feasible mitigation is available. These
impacts would be significant and unavoidable. (pages 4.13-22 to 4.13-23):
Impact TRANS-2: Project-related traffic, under Cumulative-plus-Project conditions, would contribute
to continued LOS F conditions at the US 101 southbound off-ramp to Mission Avenue, increasing the
volume-to-capacity (V/C) ratio of the off-ramp by 0.033 during the AM peak hour. Traffic operations
and safety at the highway ramp diverge and along the off-ramp would worsen. This condition would
conflict with standards provided in the Marin County Congestion Management Plan.
Impact TRANS-3: Project-related traffic would contribute to continued LOS E (under Baseline-Plus-
Project) and LOS F (under Cumulative-Plus-Project) conditions along westbound 3rd Street between
Hetherton Street and D Street during the AM peak hour, with an increase in the arterial roadway
segment’s volume-to-capacity (V/C) ratio of 0.067. This impact would result in a reduction in travel
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speeds that conflict with the Marin County Congestion Management Plan and San Rafael General
Plan 2020 Policy C-5 (Traffic Level of Service Standards).
Impact TRANS-4: Under Cumulative-Plus-Project conditions, project-related traffic would worsen the
service level at the 3rd Street and Tamalpais Avenue West intersection from LOS E to LOS F during
the AM peak hour, with average delays increasing from 65.6 seconds to 96.7 seconds per motorist.
During the PM peak hour, the intersection’s service level would remain at LOS F with project-related
traffic, but the project would increase average delays from 86.4 to 94.0 seconds per motorist. This
impact would create conflicts with San Rafael General Plan 2020 Policy C-5 (Traffic Level of Service
Standards).
Project Alternatives:
CEQA requires that an EIR describe a range of reasonable alternatives to a project, which would feasibly
attain most of the basic objectives of the project but would avoid or substantially lessen any of the
significant effects of the project. One of the intents of the NOP and the Commission’s scoping session is
to help determine ‘legitimate’ potential alternatives to the project for discussion in the EIR. The DEIR
discussed four potential alternatives to the proposed project (including the no-project alternative). The
following are the primary project objectives as outlined by BioMarin and Whistlestop/EDEN Housing:
1. Development of an underutilized vacant site in close proximity to BioMarin’s existing San
Rafael headquarters to accommodate BioMarin’s planned expansion of its campus through
the addition of a new laboratory and office space flexible in design and built in a manner that
can accommodate the necessary square footage and building heights to support the research
and development (R&D) and laboratory infrastructure requirements needed for BioMarin’s
planned expansion, while also accommodating the needs of Whistlestop/EDEN Housing and
its use of a portion of the project site for its Healthy Aging Center and affordable senior
housing.
2. Provision of a new location for Whistlestop’s existing Healthy Aging Center and EDEN
Housing’s proposed senior housing that is affordable for the project and central to downtown
San Rafael and public transit, and that avoids development on a site with potential historical
significance that is proximate to the freeway and its associated air quality impacts.
3. Development of a project that will provide enhanced pedestrian experience and safety
through the connection of BioMarin’s existing campus and surrounding residential
communities to San Rafael’s downtown corridor with the use of site setbacks and landscaping
along the perimeter of the project site, as well as improved sidewalks and crosswalk design.
4. Remediation and revitalization of a brownfield site.
5. Development of signature buildings in the heart of downtown San Rafael that are reflective of
the history of San Rafael and its future growth.
6. Development of a high-quality, mixed-use building comprised of a Healthy Aging Center for
Whistlestop, a non-profit organization vital to the local older adult community, that will provide
services for older adults in San Rafael and the greater Marin County area in a practical and
cost-effective manner; and 67 affordable rental housing units for seniors in an environmentally
conscious, car-free community proximately situated to public transportation and downtown
businesses.
7. Promotion of San Rafael's goals of encouraging alternative modes of transportation with the
donation of funds to develop a bike lane on Lindaro Street from 3rd Street to Andersen Drive.
8. Activation of 3rd Street as a vibrant downtown corridor, in parallel to and complementing 4th
Street.
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9. Support for the continued growth and retention of BioMarin in San Rafael, which in turn
provides local employment opportunities and significant economic benefits to the City and
local businesses.
10. Support for the City of San Rafael's desire to attract and retain a growing and sophisticated
work force with high-paying jobs.
11. Creation of transit-oriented development in line with the Downtown Station Area Plan's goals
as well as the City of San Rafael's General Plan goals.
12. Use of larger parking structures on the perimeter of the BioMarin campus to keep the visible
bulk away from major views and to reduce car trips along 2nd and 3rd Streets, while creating
an environment more easily navigated by employees and visitors.
The following discussion summarizes the key aspects of the four alternatives focusing on whether the
alternatives lessen the severity of the project's environmental impacts and would meet key project
objectives:
1. No project: (as required by CEQA). Alternative 1, the No Project Alternative, would leave the
project site unchanged. No drainage, access, parking, or other improvements would be made to
the vacant site, which was once occupied by PG&E facilities. The No Project Alternative would
leave this central San Rafael location unimproved.
The No Project Alternative would not meet any of the objectives of the proposed project.
Finding
The Planning Commission (1) recommends rejection of this No Project Alternative on the
basis that it fails to meet basic project objectives and is infeasible for social and policy
reasons; and (2) finds that each and any of these grounds separately and independently
provide sufficient justification for rejection of this Alternative.
Facts in Support of Finding
▪ The No Project Alternative fails to meet any of the Project objectives. For instance:
o This Alternative would not improve the site, which would remain as undeveloped.
o No new infrastructure or traffic improvements would be included in this
Alternative.
o This Alternative would not allow Whistlestop/EDEN Housing to develop 67 units
of much needed senior affordable housing.
▪ The No Project Alternative is also infeasible for policy reasons, as it fails to comply
with the intent of the City’s General Plan 2020, which promotes economic vitality
(Policy EV-2 Seek, Retain, and Promote Businesses that Enhance San Rafael) and
an overarching vision for the Downtown Area (NH-55. Design Excellence).
▪ From a policy and social perspective, without development of the proposed Project,
redevelopment of the Project site would likely be postponed indefinitely, new
laboratory and office facilities would not be created on-site, and BioMarin would be
required to find an alternate location(s) for the Project. In addition, Whistlestop /
EDEN Housing would not be able to build the Healthy Aging Campus as a result of
this No Project Alternative, and, therefore would continue to experience the same
operational loads and space challenges with regard to future modernization.
2. Reduced Scale Alternative: Alternative 2 would consist of a project that is similar to the
proposed project but reduces the amount of overall proposed laboratory and office space of the
BioMarin project, thereby reducing the anticipated peak hour traffic trips and other impacts. This
alternative would reduce the overall number of employees at BioMarin from 550 to 229
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employees, or by 58.3 percent. This reduction in employees could result in the project’s
significant, unavoidable traffic impacts at the following locations becoming less-than-significant
impacts:
• 3rd St/Tamalpais Ave West intersection (cumulative-plus-project condition during AM and PM
peak hour).
• 3rd St between Hetherton St and D St (westbound during AM peak hour).
This alternative assumes the total square footage for the two BioMarin buildings under Alternative
2 would be 120,240 sq. ft., compared to the 207,000 sq. ft. under the proposed project. The office
portion would be reduced by a slightly larger amount than the laboratory and retail space. The
alternative would include two stories for Building A (reduced to 52,340 sq. ft.) as compared to the
proposed project’s four stories for Building A. Building B (67,900 sq. ft.) would be three stories
with the top floor set back and with reduced square footage (as compared to the project’s four
stories for Building B). Otherwise, the site plan for the overall project would be similar to that of
the proposed project.
Impacts
Alternative 2 would meet all of the project objectives as listed at the beginning of this chapter
except the primary objective. Compared to the proposed project, the size of Alternative 2 would
be significantly reduced, which would not meet the identified laboratory and office space needs
for BioMarin. Whistlestop/EDEN housing would be unchanged from the proposed project; thus,
the portion of this objective addressing the Healthy Aging Center and affordable senior housing
would be met. However, if the BioMarin part of Alternative 2 were not developed because the
project’s primary objective could not be met, the Whistlestop/EDEN Housing part would also not
occur.
Finding
The Planning Commission (1) recommends rejection of this alternative on the basis that it fails to
meet basic project objectives, is infeasible for social and policy reasons; and (2) finds that each
and any of these grounds separately and independently provide sufficient justification for rejection
of this Alternative.
Facts in Support of Finding
▪ This Alternative achieves some, but not all, of the Project objectives, including failing to
achieve the primary Project objective for the required laboratory/office space for BioMarin. In
addition:
o In order to address the remaining 60% of laboratory/office space removed from this
Alternative, BioMarin would be required to find alternative locations that may not be as
centrally located or have ease of access or available parking.
o General site improvements included as part of the Project would be included in this
Alternative.
o BioMarin would continue to require additional laboratory/office space throughout San
Rafael and Marin County and, therefore, would continue to experience the same space
shortfall with regard to company needs.
o BioMarin would not feasibly be able to build this Alternative, and would therefore not
donate the site the Whistlestop/EDEN Housing. No Healthy Aging Campus would be
developed as a result of this Alternative.
From a social and policy perspective, BioMarin would continue to have a space shortage and
would therefore continue to investigate other areas in San Rafael and Marin County and no
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Healthy Aging Campus would be developed. Both BioMarin and Whistlestop / EDEN Housing
would not be able to develop the Project in downtown San Rafael.
3. Code-Compliant BioMarin and Off-Site Whistlestop/EDEN Housing Project Alternative: This
alternative would assume a reduced height BioMarin project that would not require General Plan
amendments for FAR, height bonuses, or parking modifications;
BioMarin Project under Alternative 3
Alternative 3 would reduce the building height of the BioMarin project to 54 ft. to comply with
existing General Plan provisions and zoning for the site, with no bonus exemptions and no
rezoning to Planned Development for the BioMarin portion of the site. The FAR would be
increased from the proposed 0.90 to 1.50, as allowed by existing General Plan provisions and
zoning, allowing a total of 199,649 sq. ft. for BioMarin on the site. The FAR limit would not
consider combining the site with other nearby BioMarin facilities (as addressed in Table 3-3 of
Chapter 3 of the DEIR). This Alternative assumes a total of 220 parking spaces would be required
to be provided on the site. This would be in addition to public parking that is assumed to allow the
height bonus.
Whistlestop/EDEN Housing Project under Alternative 3
This alternative assumes that the Whistlestop/EDEN Housing project would be located off the
project site at 930 Tamalpais Avenue, where Whistlestop is currently located. It is assumed that
41 units of affordable senior housing (one of these would be a manager’s unit) would be provided
in a five-story building similar to the design proposed in 2016. This project assumes residential
units on the third through fifth floors and the Whistlestop Active Aging Center, with classrooms,
offices, and meeting rooms on the second and third floors. The ground level would contain
parking and utility uses, along with the Jackson Café. Access to transit would be available via (1)
van service (Marin’s Whistlestop Wheels Para Transit) with access at the ground-level garage, (2)
buses at the adjacent San Rafael Transit Center, and (3) regional rail at the SMART station
located at the east edge of the site. A total of 20 parking spaces would be provided in a street
level garage for use by Whistlestop employees and guests.
Impacts
Alternative 3 would meet all of the project objectives as listed at the beginning of this chapter
except four objectives (1, 2, 3, and 12). Alternative 3 would have reduced square footage for the
BioMarin buildings and would not meet BioMarin’s needs for R&D and laboratory infrastructure.
The relocation of the Whistlestop/EDEN Housing project to its Tamalpais Avenue site would
conflict with the second objective above. This alternative would also have fewer senior housing
units and thus would conflict with the goal of providing 67 affordable rental housing units for
seniors.
Finding
The Planning Commission (1) recommends rejection of this alternative on the basis that it fails to
meet basic project objectives, is infeasible for social and policy reasons; and (2) finds that each
and any of these grounds separately and independently provide sufficient justification for rejection
of this Alternative.
Facts in Support of Finding
▪ This Alternative achieves some, but not all, of the Project objectives, including failing to
achieve the primary Project objective for the required laboratory/office space for BioMarin. In
addition:
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o In order to address the remaining 10% of laboratory/office space removed from this
Alternative, BioMarin would be required to find alternative locations that may not be as
centrally located or have ease of access or available parking.
o Whistlestop/EDEN Housing would not be able to develop the Healthy Aging Campus
and would not develop 67 units of senior affordable housing.
o BioMarin would continue to require additional laboratory/office space throughout San
Rafael and Marin County and, therefore, would continue to experience the same space
challenges with regard to future expansion and space needs at the main SRCC
campus.
From a social and policy perspective, BioMarin would continue to have a space shortage and
would therefore continue to investigate other areas in San Rafael and Marin County. Whistlestop
/ EDEN Housing would be required to develop a problematic project at the original location with
fewer units.
4. Code-Compliant BioMarin and Whistlestop/EDEN Housing Project Alternative: Under
Alternative 4, the FAR would be increased from the proposed 0.90 to 1.50, allowing a total of
199,649 sq. ft. for both BioMarin (181,649 sq. ft.) and the non-residential portion of
Whistlestop/EDEN Housing (18,000 sq. ft.). The Whistlestop/EDEN Housing project would
occupy 0.34 acre of the project site under this alternative and is assumed to be approximately the
same as the proposed project in scale and height, given that the height bonuses allowed by the
provision of affordable housing. It is assumed that the BioMarin portion of the site would consist
of two buildings similar in scale to proposed Building B, or about 235 ft. long by 108 ft. wide (or
23,380 sq. ft.). With 181,649 sq. ft. for BioMarin, both Buildings A and B would be four stories in
height. This alternative may have reduced square footage for laboratory space.
Unlike Alternative 3, Alternative 4 is not assumed to have public parking on the site. The project
site is located within the Downtown Parking District which waives parking requirements for the
first 1.0 of FAR. With this alternative having an FAR of 1.50, parking required for BioMarin would
be approximately 210 parking spaces. It is assumed that an eight-story parking structure of about
150 ft. by 170 ft. could be constructed on the corner of 2nd St. and Lindaro St. The parking
structure height results from the fact that only 35 cars can be provided on each floor, given
circulation requirements. Assuming 10 feet per floor, this parking structure would be about 60 ft.
in height, or about the same size as the proposed BioMarin building height for the proposed
project.
Alternative 4 would meet all of the project objectives as listed at the beginning of this chapter
except the provision of the same square footage for laboratory space and the following objective:
Use of larger parking structures on the perimeter of the BioMarin campus to keep the
visible bulk away from major views and to reduce car trips along 2nd and 3rd Streets, while
creating an environment more easily navigated by employees and visitors.
Impacts
Alternative 4 would meet most of the project objectives as listed at the beginning of this chapter
except two main objectives (1 and 12). Alternative 4 would have reduced square footage for the
BioMarin buildings and would not meet BioMarin’s needs for R&D and laboratory infrastructure
and would require a large parking structure constructed on site. Significant and Unavoidable
Impacts to Land Use and Planning and Transportation would continue to exist under this
Alternative
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Finding
The Planning Commission (1) recommends rejection of this alternative on the basis that it fails to
meet basic project objectives, is infeasible for social and policy reasons; and (2) finds that each
and any of these grounds separately and independently provide sufficient justification for rejection
of this Alternative.
Facts in Support of Finding
▪ This Alternative achieves some, but not all, of the Project objectives, including failing to
achieve the primary Project objective for the required laboratory/office space for BioMarin. In
addition:
o In order to address the remaining 30% of laboratory/office space removed from this
Alternative, BioMarin would be required to find alternative locations that may not be as
centrally located or have ease of access or available parking.
o BioMarin would continue to require additional laboratory/office space throughout San
Rafael and Marin County and, therefore, would continue to experience the same space
challenges with regard to future expansion and space needs at the main SRCC
campus.
o Significant and Unavoidable Impacts to Land Use and Planning and Transportation
would occur under this Alternative
From a social and policy perspective, BioMarin would continue to have a space shortage and
would therefore continue to investigate other areas in San Rafael and Marin County. Whistlestop
/ EDEN Housing would be required to develop a problematic project at the original location with
fewer units.
Environmentally Superior Alternative
Consistent with CEQA Guidelines Section 15126.6(e), an environmentally superior alternative must be
identified among the alternatives that were studies.
CEQA requires that an Environmentally Superior Alternative be identified; that is, determining which of
the alternatives analyzed by the DEIR would result in the fewest or least significant environmental
impacts The DEIR concludes that the Environmentally Superior Alternative is the Alternative 2, the
Reduced Scale Alternative:
If the environmentally superior alternative is the No Project Alternative, the CEQA Guidelines require that
the EIR also identify an environmentally superior alternative from among the other alternatives.
Alternative 2, the Reduced Scale Alternative, would be considered the environmentally superior
alternative because the smaller scale BioMarin Buildings A and B would reduce some of the local traffic
congestion. The reduction in building height for Buildings A and B would also result in slightly reduced
visual impacts for the project when viewed along 2nd St. and 3rd St. Also, Alternative 2 would retain the
Whistlestop/EDEN Housing project on the project site, which is a preferred site compared to its existing
location at 930 Tamalpais Ave. For these reasons, Alternative 2 would be the environmentally superior
alternative.
As stated earlier, Alternative 2 would meet most of the project objectives as listed above except the
following primary objective:
“Development of an underutilized vacant site in close proximity to BioMarin’s existing San Rafael
headquarters to accommodate BioMarin’s planned expansion of its campus through the addition
of a new laboratory and office space flexible in design and built in a manner that can
accommodate the necessary square footage and building heights to support the R&D and
laboratory infrastructure requirements needed for BioMarin’s planned expansion, while also
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accommodating the needs of Whistlestop/EDEN Housing and its use of a portion of the project
site for its Healthy Aging Center and affordable senior housing.”
Compared to the proposed project, the size of Alternative 2 would be significantly reduced, which would
not meet the identified laboratory and office space needs for BioMarin. Whistlestop/EDEN Housing would
be unchanged from the proposed project; thus, the portion of this objective addressing the Healthy Aging
Center and affordable senior housing would be met. However, if the BioMarin part of Alternative 2 were
not developed because the project’s primary objective could not be met, the Whistlestop/EDEN Housing
project would also not occur.
Final EIR (FEIR):
The Final EIR (FEIR) provides an opportunity to respond to written comments on the DEIR for the project
received during the 45-day comment period (August 9, 2019 to September 23, 2019) and oral comments
provided during the September 24, 2019 Planning Commission public hearing. The FEIR also provides
an opportunity to make clarifications, corrections or revisions to the DEIR, as needed, based on the
comments received.
The City received six (6) written comments on the DEIR and only one individual (not including the
members of the Planning Commission) provided oral comments during the comment period and the
Planning Commission hearing. In addition, the FEIR includes a Mitigation Monitoring and Reporting
Program (MMRP) table that incorporates the Mitigation Measures recommended in the DEIR and
provides implementation methods to fulfill these requirements, and a copy of the Planning Commission
staff report on the DEIR. Based on the comments provided during the public review period on the DEIR,
the FEIR provides responses to these comments only.
The FEIR was prepared and released on January 10, 2020 for public review. The City responded to all
the environmental comments that were submitted on the DEIR during the public review period and a
FEIR was completed. On January 10, 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
all responsible and trustee agencies and written responses to mailed to all responsible, trustee and other
public agencies that commented on the DEIR; A notice of availability was also published in the Marin
Independent Journal on January 11, 2020. A copy of the FEIR/Response was also distributed to the
Commission on January 14, 2020 and is also available at https://www.cityofsanrafael.org/9993rd/ (here)
Public Benefits and Statement of Overriding Considerations:
The Planning Commission should, in their review of the EIR, consider which, if any, alternative would be
preferable to the project as proposed or which combination of alternatives and the project would best
achieve the goal of reducing the identified significant adverse transportation impacts. The purpose of the
DEIR is not to pass judgement or approve a project, but it is to be accompanied with the review of project
merits and provide adequate information for decision makers and the public to understand potential
impacts of a project and for City decision makers to make informed decisions. Given that the DEIR
concludes that the project would result in significant, unavoidable impacts to Land Use and
Transportation, in order to approve the project, the Commission (and ultimately the Council) would have
to adopt a Statement of Overriding Considerations if choosing to approve this project. This is a finding
that the Commission would have to make if they elect to approve the project).
• If a project has significant, unavoidable impacts, a City may still approve a project, but as part
of the approval, the City would have to make a finding of Overriding considerations.
• A Statement of Overriding Considerations reflects the ultimate balancing of competing public
objectives (including environmental, legal, technical, social, and economic factors).
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• Adopting a Statement of Overriding Considerations would mean that the Commission finds
that on balance, the benefits of the project outweigh the significant unavoidable environmental
impact(s).
• Staff will address the overall public benefit of the Project as part of the review of project merits
to be presented to the Planning Commission at a later meeting.
In this particular case, given that the project includes a request for a General Plan Amendment and PD
Rezoning, the ultimate decision on this project will be that of the City Council, at a future public hearing,
following Planning Commission review and recommendation, on the project merits, certification of the
FEIR, and recommendation on the overriding considerations
Consistent with CEQA Guidelines Section 15126.6(e), an environmentally superior alternative must be
identified among the alternatives that were studied. Given that the EIR concludes that the project would
result in significant, unavoidable impacts to Transportation related to level of service impacts in the
Project area, in order to approve the project, the Commission would have to adopt a Statement of
Overriding Considerations (Exhibit 2b), if they elect to approve the project.
A Statement of Overriding Considerations reflects the ultimate balancing of competing public objectives
(including environmental, legal, technical, social, and economic factors). Adopting a Statement of
Overriding Considerations would mean that the Commission finds that on balance, the benefits of the
project outweigh the significant unavoidable environmental impact(s).
The City has adopted a Statement of Overriding Considerations on three (3) recent redevelopment
projects, with their public benefits listed:
• 809 B St/1212 + 1214 2nd St . (new, 41 -unit residential condominium building)
o Downtown Housing - 41 new residential ‘rental housing’ units in Downtown, including
six (6) affordable housing units
o Re-activate Pedestrian Environment - The project would ‘re-activate’ the site and a
portion of B Street, both of which suffer from a degraded appearance or a degree of
urban decay which seems to have the effect of dissuading owners from investing in
their properties.
o Support ‘Alive-After-Five’ - The project would support the General Plan’s focus on the
“alive-after-five” program for the Downtown (Neighborhood Policy NH-34(c) of the
General Plan). The “alive-after-five” program seeks to maintain a mix of businesses
and residences in the Downtown to create activity at different days and times of the
week, to help keep Fourth Street active and busy after 5 p.m. The project would
further this long-term goal of invigorating the Downtown with activity, primarily on
weekdays after 5 p.m. and weekends, as new residents frequent the Downtown and
provide economic opportunities to businesses, particularly restaurants
o Charitable Contributions - The project would provide a one-time charitable contribution of
$25,000 to the San Rafael Fire Department, the Marin History Museum, or any group the
City determines to be appropriate to help offset the loss of the two cultural resources.
• 1200 Irwin St. (formerly 524 Mission Ave.; new, 15 residential townhouse condominiums)
o 15 new housing units to help City meet its RHNA targets, of which two (2) are BMR units
affordable at low-income household level;
o In-fill, high-density, transit-oriented, residential development near Downtown;
o Elimination of substandard housing, elimination of multiple driveways along Mission Ave.;
o Economically infeasible to rehabilitate;
o Short-term construction jobs; and
o Encourage financial investment by other property owners near Downtown.
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• 1650 Los Gamos Drive (Kaiser Medical Office Building and Parking Structure)
o The project implements, and is consistent with, City goals, objectives, policies and
programs for the Project Site described in the following City General Plan Elements
o The project facilitated the development of an infill site in an existing urbanized area.
o Kaiser fully funded identified intersection improvements—at an approximate cost of
$1,050,000—with no expectation of reimbursement by the City and County.
o The project contributed to the City’s local economy through new capital investment,
retaining existing employees, and new construction jobs.
o The project provides a major medical care facility to serve existing and future demand
in the City of San Rafael.
o The project implements a comprehensive environmental sustainability strategy,
including complying with Title 24 (California Energy Efficiency Standards)
o The project incorporates a TDM plan that will encourage alternate modes of
transportation other than single-occupancy vehicles.
Staff finds the first and third project listed above to be most similar to the current project. These projects
proposed similar public benefits to the community that are similar to the current project. The projects
were approved with adopting a Statement of Overriding Considerations similar to that which is
requested by this current project.
The project sponsor has submitted a Term Sheet identifying/proposing the public benefits of the project
to the community (Exhibit 5). In the term sheet, the project sponsor has presented
• The project by itself, consistent with the General Plan, redevelopment of an infill property,
• Sustainable development located near transit and the freeway would generally provide enough
public benefit to outweigh the impacts of the decrease in level of service and barriers to mitigation
implementation.
• Furthermore, the project sponsor contends that complying with the mitigation measures and
payment of the development impact fees ($1,600,000 estimated total costs), as required by the
project, in addition to the $1.2 million donation towards Whistlestop and $900,000 for City
transportation initiatives are also public benefits to the community.
Staff recommends that the Statement of Overriding Considerations be recommended based on
information in the EIR and other information in the project record. The City recognizes that
implementation of the proposed project would result in significant adverse environmental impacts that
cannot be avoided even with the adoption of all feasible mitigation measures. Despite the occurrence of
these effects, however, the City chooses to approve the project because, in its view, the economic,
social, and other benefits that the project will produce will render the significant effects acceptable.
The following statement identifies why, in the City’s judgment, the benefits of the project as approved
outweigh its unavoidable significant effects. Any one of these reasons is sufficient to justify approval of
the project. Thus, even if a court were to conclude that not every reason is supported by substantial
evidence, the City would stand by its determination that each individual reason is sufficient. The
substantial evidence supporting the various benefits can be found in the preceding findings, which are
incorporated by reference into this section, and into the documents found in the Record of Proceedings.
The City finds that these impacts on Land Use and Planning and Transportation would be acceptable
because on balancing the benefits to be realized by approval of the project against the remaining
environmental risks, the following economic, social, and other considerations outweigh the impacts and
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support approval of the project. Staff recommends adoption of the Statement of Overriding
Considerations, given that:
1. Furtherance of City Goals and Policies
The proposed project will implement, and is consistent with, City goals, objectives, policies and
programs for the Project Site described in the following City General Plan Elements: Land Use,
Neighborhood, Sustainability, Circulation, Economic Vitality, and Safety, as thoroughly analyzed
in the Project DEIR. The project will also support San Rafael’s Objectives and Design Guidelines
for the Downtown by proposing a design that provides an entry and focal point for the 2nd/3rd
Street corridor, advances the “Alive After Five” policy, and allows expansion of a major downtown
employer.
2. Development of an Existing Infill Site
The project will facilitate the development of an infill site in an existing urbanized area in San
Rafael and will result in regional environmental benefits because it will not require the extension
of utilities or roads into undeveloped areas, is convenient to major arterials, services and transit,
including the SMART station, and will not directly or indirectly lead to the development of
greenfield sites in the San Francisco Bay Area.
3. Voluntary donation of development area
BioMarin is donating the Northwestern Portion of their site to Whistlestop/EDEN housing for
development of a healthy aging campus and affordable senior housing. This donation, along with
a land swap to BioMarin of another property owned by Whistlestop in San Rafael yields a net
donation by BioMarin of approximately $1.2 million as of June 2018, in its then current as-is
condition. This obligation shall be required prior to the issuance of any certificate of occupancy for
development on the R&D Development Property.
4. Voluntary monetary contribution for Shuttle Service
BioMarin will contribute, $400,000 ($100,000 each year commencing on the first anniversary of
the DA for four years) to the City of San Rafael for purposes of implementing a first mile/last mile
shuttle service or for other traffic/circulation/parking improvement measures as determined by the
City.
5. Voluntary monetary contribution for Signal Synchronization
BioMarin will contribute $500,000 ($125,000 each year commencing on the first anniversary of
the DA for four years) to the City of San Rafael towards the synchronization of traffic lights along
the 2nd and 3rd Street corridors to improve traffic flow or for other traffic/circulation/parking
improvement measures as determined by the City.
6. Development opportunity for Whistlestop/EDEN Housing
The remediation performed by PG&E of this site was not performed on the entire site. In addition,
the level of cleanup was not such that would met the State DTSC standards for residential use of
the property. For the benefit of development of a healthy aging campus and affordable senior
housing, BioMarin is currently conducting the second phase of the soil remediation for the 999
3rd Street Property by performing an investigation and cleanup under the DTSC’s Voluntary
Cleanup Program. Following this cleanup, the site would be able to accommodate residential use.
BioMarin shall complete such second phase of remediation prior to commencement of
construction and development activities for the 999 3rd Street Project and the development of the
Whistlestop component of the project.
7. Leaseback donation for Whistlestop/EDEN Housing
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BioMarin to conduct a land exchange as part of the donation of the parcel to Whistlestop/EDEN
Housing. BioMarin shall donate to Whistlestop a leaseback of 930 Tamalpais Avenue for three
(3) years, valued at approximately $256,000 as of May 2019.
8. Provide Public Meeting Space and urban open space
BioMarin provides a portion of the 999 3rd Street Project consisting of approximately 3,500 sq. ft.
of retail space and approximately 6,000 sq. ft. of landscaped “front porch” plaza and located at
the corner of 3rd Street and Lindaro St., shall be open to the public during daytime hours (from 9
a.m. to 5:00 p.m.).
9. Contributions to Pedestrian/Bicycle safety
BioMarin shall develop a class II bike lane on Lindaro Street from 3rd Street to Anderson Dr prior
to completion of Phase I. BioMarin shall also contribute to City’s enhancement of pedestrian
safety by improving the sidewalks and crosswalk design at the corner of Lindaro Street and 2nd
Street prior to completion of Phase I.
10. Public Parking
Allow the City to utilize up to 70% of the 999 Third Street parcel (the exact layout to be
reasonably negotiated so as to maximize the utility of each portion) retained by BioMarin for
public parking and ancillary uses (such as food truck market, etc.) until such time as
commencement of construction activities for either building on the parcel, so long as City is
responsible for all liability related to the public’s use of parcel, including, without limitation, all
security, sanitation and janitorial.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of all public hearings on the project, including the Neighborhood Meeting, have been conducted in
accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A Notice of
Public Hearing was mailed to all property owners and occupants within a 500-foot radius of the project
site (greater than the 300 ft required by the Ordinance), the appropriate neighborhood groups
(Federation of San Rafael Neighborhoods and the Gerstle Park Neighborhood), and all other interested
parties, 15 calendar days prior to the date of all meetings and hearings. Public notice was also posted on
the project site, along both the 2nd and 3rd Street frontages, 15 calendar days prior to the date of all
meetings and hearings (Exhibit 6)
All public correspondence on the project was received during review of the DEIR. The FEIR lists those
public comments received on both the DEIR and on the project merits. Responses to comments on the
DEIR were provided in the FEIR, a copy of which has been distributed to the Commission in advance.
Public comments regarding the proposed Project have been received at various intervals, including
comments during the DEIR review, and DRB review process.
Based on the noticing for the January 28, 2020 Planning Commission hearing and at the publishing of
this staff report, no current comments have been received. Any public comments received will be
compiled and delivered to the Commission prior to the public hearing.
CONCLUSION
In general, staff supports the proposed project, including the project design and the proposed General
Plan and Zoning amendments. Staff supports the proposed scale of the project, primarily based on the
scale of the neighboring BioMarin campus which is also within the max. allowable height limits in the
General Plan and the Zoning Ordinance (54-78-ft in height and with a height bonus). The project would
put needed senior housing in the core of Downtown, near services, employers and transit. Incorporating
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the Whistlestop/EDEN senior center and housing development on this site would address prior
community concerns that were raised when this project was proposed on the current Whistlestop site at
930 Tamalpais Ave. In general, adding housing to downtown has been a major city policy since the mid
1990’s. Staff finds the benefits of the project to the community outweigh the significant unavoidable
environmental impact, the implementation timing of intersection improvements. The project merits are
compelling:
• The project by itself, consistent with the General Plan, redevelopment of an infill property,
• Providing the opportunity for future growth for BioMarin, a major employer in the City of San
Rafael, will provide additional employment and activity in the Downtown, which has numerous
spin off effects on supporting downtown activity and businesses
• Facilitation of relocation of the previously proposed Whistlestop/EDEN Housing at 930 Tamalpais
to this new site. Finding an appropriate location for a state of the art healthy aging campus
(Whistlestop) and development of 67 senior units, all of which would be affordable, is a major
benefit to the City.
• Voluntary construction of the intersection improvements as well as other pedestrian and bicycle
improvements, and
• Sustainable development located near transit and the freeway, and
• Construction of an infrastructure need in the San Rafael General Plan 2020
Based on adopted Statement of Overriding Consideration on recent projects that resulted in traffic
impacts, staff finds the proposed public benefit to be adequate for the certification of the EIR for the
project, adoption of a Statement of Overriding Considerations, approval of the Mitigation Monitoring and
Reporting Program (MMRP) and the approval of the planning entitlements required by the project
(General Plan amendment, PD Rezoning, Zoning Text Change, Development Agreement, Environmental
and Design Review Permit, Use Permit, Small Subdivision, and Sign Program Amendment).
OPTIONS
The Planning Commission has the following options
1. Adopt the Resolutions to Certify the EIR, adopt CEQA Findings of Fact and Statement of
Overriding Considerations and approving the MMRP for Project Approval, and approve project
applications (staff recommendation); or
2. Adopt Resolution to Certify the EIR, but direct staff to return with revised Resolutions to Deny the
Statement of Overriding Considerations and Deny the project applications; or
3. Direct staff to return with revised Resolutions, to Deny Certification of the FEIR and Deny Project
Applications; or
4. Continue the applications to allow the applicant to address any of the Commission’s comments or
concerns
EXHIBITS
1. Vicinity Map
2. Draft Resolutions recommending to the City Council
a. Certification of the FEIR
b. Adoption of CEQA Findings, a Statement of Overriding Considerations, and approval of a
Mitigation Monitoring and Reporting Program (MMRP); and
REPORT TO PLANNING COMMISSION
Case No’s: GPA18-001/ZO18-003/ZC188-002 / ED18-087 /UP18-034/ SP18-006 / S18-001/DA19-001
Page 45
c. Adoption General Plan Amendments to establish text and map amendment to 1) modify
Exhibit 6 FAR Maps to add 0.90 FAR for SRCC site and the BioMarin portion of the 999 3rd
St site and 2) Amend Exhibit 10 – Height Bonuses – to create a new 20 ft. height bonus for
this site; and
d. Adoption a Zoning Text Amendment to establish new height bonus provision for the BioMarin
portion of the site for projects which meet specific criteria; and
e. Adoption of a PD Rezoning to modify PD 1936 District to allow for the BioMarin portion of the
999 3rd St property to be combined with existing SRCC parcels with appropriate and revised
land use regulations; and
f. Approval a Development Agreement for the BioMarin portion of the site to vest the
entitlements for a 10-year period, freeze impact fees at current rates and modify terms of the
prior Development Agreement; and
g. Approval, with conditions, an Environmental and Design Review Permit, Master Use Permit
Small Subdivision and Sign Program Amendment for the project.
3. General Plan Consistency Table
4. Non-Residential Design Guidelines Consistency Table
5. Applicant’s Public Benefits/Development Agreement Term Sheet dated January 22, 2020
6. Public Notice of Planning Commission hearing, January 10, 2020
11” x17” copies of the project plans have been distributed to the Planning Commission only*.
A copy of the FEIR has been previously distributed to the Planning Commission only*.
*Copies of the Final EIR (along with the DEIR) and project plans are available at
https://www.cityofsanrafael.org/9993rd/
Exhibit 1
Vicinity Map
Exhibit 2a
Exhibit 2a-1
RESOLUTION NO. 20-
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCH #2019029046) PREPARED FOR
THE PROJECT REQUESTING A GENERAL PLAN AMENDMENT (GPA18-001), PLANNED
DEVELOPMENT (PD) REZONING (ZC18-002), ZONING ORDINANCE TEXT AMENEMENT
(ZO18-003), DEVELOPMENT AGREEMENT (DA19-001), MASTER USE PERMIT (UP18-034),
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED18-087), SMALL SUBDIVISON (S18-
001) AND SIGN PROGRAM AMENDMENT (SP18-006) TO ALLOW THE DEVELOPMENT OF
TWO 72-FOOT TALL, FOUR-STORY RESEARCH AND DEVELOPMENT BUILDINGS AND A
67-UNIT, 70-FOOT TALL, SIX-STORY SENIOR CENTER AND AFFORDABLE SENIOR
HOUSING BUILDING ON A 133,099 SQ. FT. PARCEL AT 999 3rd ST AND ADJACENT SAN
RAFAEL CORPORATE CENTER.
(APN’s: 011-265-01, 013-012-38 and -39 and 013-021-50, -51, -52 -53, -54, -55)
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 Subdivision (S18-001) and Sign Program
Amendment (SP18-18-006) 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.; and
WHEREAS, on February 28, 2019, in accord with Public Resources Code Sections 5097.94,
21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3 to specifically the
directive of Assembly Bill 52 (AB 52), the Department of Community Development Department staff
sent an offer for tribal consultation to the representatives of the Federated Indians of the Graton Rancheria
(Federated Indians). Tribal consultation is required for all projects that propose an preparing a CEQA
document Plan. The purpose of the tribal consultation is to consult with the local tribe representatives on
potential impacts to Native American places, features and objects described in the California Public
Resources Code. The prescribed 30-day period was observed for the Federated Indians to respond to the
offer, but the City received no response; and
WHEREAS, on March 12, 2019, the Planning Commission (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, Hazards, Noise, Public Services,
Recreation, Greenhouse Gases, Hydrology and Water Quality, Land Use and Planning,
Transportation/Traffic, Energy, Utilities, Cumulative effects and a reasonable range of alternatives; and
WHEREAS, the Draft EIR (DEIR) was prepared and circulated for a 45-day public review
period beginning August 9, 2019 and ending September 23, 2019 (SCH # 2019029046). As part of this
review, on September 24, 2019, the Planning Commission held a duly-noticed public hearing to consider
and accept comments on the DEIR. The DEIR concluded that the Project would result in significant,
unavoidable impacts associated with Land Use and Planning and Transportation. All other significant
impacts identified in the DEIR were identified to be mitigated to less-than-significant levels with
implementation of mitigation measures recommended in the DEIR; and
Exhibit 2a
Exhibit 2a-2
WHEREAS, based on written and oral comments received from the public on the DEIR and its
own review of the DEIR, the Planning Commission directed staff to prepare a Final Environmental
Impact Report (FEIR) and respond to comments received on the DEIR; and
WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines
Sections 15088, 15089 and 15132, the City responded to all the environmental comments that were
submitted on the DEIR during the public review period and a FEIR was completed; and
WHEREAS, on January 10, 2020, Notice of Availability for the FIER/Response to Comments,
was mailed to interested persons and property owners and occupants within 500 feet of the property as
well as other interested persons and organizations and responsible and trustee agencies and written
responses to public agency comments were provided to agencies who commented on the DEIR. In
addition, on January11, 2020, notice of Availability was published in the Marin Independent Journal; and
WHEREAS, the City intends that the FEIR, and all applicable mitigation measures therein, shall
be used as the environmental documentation required by CEQA for subsequent discretionary actions
required for this project; and
WHEREAS, on January 28, 2020 the Planning Commission held a duly noticed public hearing
on the FEIR/Response to comments and considered the FIER along with the project
applications/entitlements; and
WHEREAS, on January 28, 2020, by adoption of a separate Resolution, the Planning
Commission recommended to the City Council adoption of CEQA Findings of Fact, Adoption of
Statement of Overriding Considerations and approval of the Mitigation Monitoring and Reporting
Program; and
WHEREAS, on January 28, 2020, the Planning Commission, through the adoption of a separate
resolutions, recommended to the City Council 1) approval of a General Plan amendment, 2) adoption of
the Planned Development (PD) Rezoning (ZC18-002), 3) adoption of Zoning Ordinance Text
Amendment (ZO18-003), 4) approval of a Development Agreement (DA19-001), and 5) approval of
Master Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087), Small
Subdivision (S18-001) and Sign Program Amendment (SP18-18-006); 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 Planning Commission hereby certifies the
Final EIR, based upon the following findings required by CEQA Guidelines Section 15090:
FINDINGS
1. The Final Environmental Impact Report (FEIR), which consists of the Draft Environmental Impact
Report dated August 9, 2019, and the Response to Comments Document dated January 10, 2020 has
been prepared in accordance with CEQA, including Public Resources Code Section 21083.3, and the
provisions of the City of San Rafael Environmental Assessment Procedures Manual.
2. The FEIR has been prepared and completed in compliance with the California Environmental Quality
Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment Procedures Manual by
following the appropriate format, content, technical analysis of the potential impact areas and project
alternatives identified in the initially-authorized scope of work. Further, all prescribed public review
Exhibit 2a
Exhibit 2a-3
periods and duly noticed hearings were held for the project Notice of Preparation (NOP), Notice of
Completion (NOC) for public review of the DEIR and Notice of Availability following publication of
the FEIR.
3. The FEIR has been prepared using the City’s independent judgment and analysis, and the FEIR:
a) appropriately analyzes and presents conclusions on impacts;
b) analyzes a reasonable range of alternatives to the project that could feasibly attain most of the
basic objectives of the project while avoiding or substantially lessening any significant effect of
the project; and
c) recommends mitigation measures to substantially lessen or avoid the otherwise significant
adverse environmental impacts of the project. The findings and recommendations in the
document are supported by technical studies prepared by professionals experienced in the
specific areas of study.
4. The Planning Commission exercised its independent judgment in evaluating the FEIR and has
considered the comments received during the public review period on the DEIR.
5. The FEIR reflects the independent judgment and analysis of the City of San Rafael Community
Development Department and the Planning Commission. The Planning Commission has reviewed
and considered all information contained in the FEIR prior to making its recommendation on the
project, and concludes that the FEIR:
a) appropriately analyzes and presents conclusions on the impacts of the project;
b) analyzes a reasonable range of alternatives to the project that could feasibly attain most of the
basic objectives of the project while avoiding or substantially lessening any significant effect of
the project;
c) Identifies or recommends mitigation measures to substantially lessen, eliminate or avoid the
otherwise significant adverse environmental impacts of the project, and
d) Includes findings and recommendations supported by technical studies prepared by professionals
experienced in the specific areas of study, and which are contained within the document and/or
made available within the project file maintained by the City of San Rafael Community
Development Department, the custodian of all project documents.
6. The information contained in the FEIR is current, correct and complete for document certification. As
a result of comments submitted on the DEIR, the FEIR provided responses to comments received on
the DEIR and provided clarification to those comments. No new information has been added to the
DEIR and does not deprive the public of meaningful opportunity to comment upon the substantial
adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that
the project’s proponents have declined to implement. In particular, no new information was
presented in the FEIR and does not disclose or result in:
a) a new significant environmental impact resulting from the project or from a new mitigation
measure proposed to be implemented;
b) a substantial increase in the severity of the impacts that were disclosed and analyzed in the DEIR;
c) any new feasible project alternatives or mitigation measures considerably different from others
previously analyzed that would clearly lessen significant environmental impacts of the project,
but which the project’s proponents refuse to adopt. This includes consideration of the no project
alternative “No Project” variant that has been added in the FEIR assessing the status quo; and
Exhibit 2a
Exhibit 2a-4
d) a finding that the DEIR is so fundamentally and basically inadequate and conclusory in nature
that meaningful public review and comment were precluded.
7. The FEIR presents factual, quantitative and qualitative data and studies, which find and support the
conclusion that the project will result in several potentially significant impacts that necessitate
mitigation. At the time the City considers action on the project’s merits, it will be necessary to make
complete and detailed findings pursuant to Public Resources Code Section 21081(a) and CEQA
Guidelines Section 15091(a). For each significant effect identified in the EIR, the City will be
required to make one or more of the following findings:
a) that changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR; that such
changes or alterations are within the responsibility and jurisdiction of another public agency and
not the agency making the finding, and that such changes have been adopted by such other
agency or can and should be adopted by such other agency;
b) that specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the FEIR; and
c) As the project would result in several significant, unavoidable impacts, findings of overriding
consideration will be required. Such findings will require that the City weigh the benefits of the
project with the environmental impacts that cannot be mitigated.
8. The City is taking an action to certify the FEIR for the project, recognizing it as an informational
document for assessment of the project. The CEQA Guidelines recognize that an environmental
document is prepared for public disclosure of potential project impacts and that it is used as an
informational document to guide decision-makers in considering project merits. Certification of the
FEIR, as presented, would not result in a land use entitlement or right of development for the project
site. The FEIR document must be reviewed to determine whether it adequately assesses the impacts
of the project, and whether the circumstances presented in Public Resources Code section 21166, as
amplified by its corresponding CEQA Guidelines Sections 15162 to 15163 are present with respect to
the project to determine whether a Subsequent EIR, a Supplement to the EIR, or Addendum to the
EIR need be prepared or if further environmental review under CEQA is not required. Certification of
the FEIR prior to consideration of and taking action on project entitlements does not prejudice or bias
review or actions on the proposed development project.
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning
Commission held on the 28th day of January 2020.
Moved by Commissioner and seconded by Commissioner :
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: ______________________ BY:______________________
Paul A. Jensen, Secretary Jeff Schoppert, Chair
Exhibit 2b
Exhibit 2.b-1
RESOLUTION NO. 20-
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL: 1) ADOPTION OF CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS OF FACT, 2) ADOPTION OF A
STATEMENT OF OVERRIDING CONSIDERATIONS, 3) APPROVAL OF AN EXCEPTION
TO THE CITY-ADOPTED LEVEL OF SERVICE STANDARDS SET FORTH IN SAN RAFAEL
GENERAL PLAN 2020 CIRCULATION ELEMENT POLICY C-5AND 4) APPROVAL OF THE
MITIGATION MONITORING PROGRAM (MMRP) FOR THE 999 3rd STREET (BIOMARIN /
WHISTLESTOP / EDEN HOUSING) PROJECT REQUESTING A GENERAL PLAN
AMENDMENT (GPA18-001), PLANNED DEVELOPMENT (PD) REZONING (ZC18-002),
ZONING ORDINANCE TEXT AMENEMENT (ZO18-003), DEVELOPMENT AGREEMENT
(DA19-001), MASTER USE PERMIT (UP18-034), ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED18-087) SMALL SUBDIVISON (S18-001) AND SIGN PROGRAM AMENDMENT
(SP18-006) TO ALLOW THE DEVELOPMENT OF TWO 72-FOOT TALL, FOUR-STORY
RESEARCH AND DEVELOPMENT BUILDINGS AND A 67-UNIT, 70-FOOT TALL, SIX-
STORY SENIOR CENTER AND AFFORDABLE SENIOR HOUSING BUILDING ON A 133,099
SQ. FT. PARCEL AT 999 3rd St AND ADJACENT SAN RAFAEL CORPORATE CENTER.
(APN’s: 011-265-01, 013-012-38 and -39 and 013-021-50, -51, -52 -53, -54, -55)
WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin) sub mitted project
applications to the City of San Rafael Community Development Department for a General Plan
Amendment (GPA18-001), Planned Development (PD) Rezoning (ZC18-002), Zoning Ordinance Text
Amendment (ZO18-003), Development Agreement (DA19-001), Master Use Permit (UP18-034),
Environmental and Design Review Permit (ED18-087), Small Subdivision (S18-001) and Sign Program
Amendment (SP18-18-006) 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 and
adjacent San Rafael Corporate Center; 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, Hazards, Noise, Public Services, Recreation, Greenhouse Gases,
Hydrology and Water Quality, Land Use and Planning, Transportation/Traffic, Energy, Utilities,
Cumulative effects and a reasonable range of alternatives; and
WHEREAS, the Draft EIR (DEIR) was prepared and circulated for a 45-day public review
period beginning August 9, 2019 and ending September 23, 2019 (SCH # 2019029046). As part of this
review, on September 24, 2019, the Planning Commission held a duly-noticed public hearing to consider
and accept comments on the DEIR. The DEIR concluded that the Project would result in significant,
unavoidable impacts associated with Land Use and Planning and Transportation. All other significant
impacts identified in the DEIR were identified to be mitigated to less-than-significant levels with
implementation of mitigation measures recommended in the DEIR; and
Exhibit 2b
Exhibit 2.b-2
WHEREAS, based on written and oral comments received from the public on the DEIR and its
own review of the DEIR, the Planning Commission directed staff to prepare a Final Environment al
Impact Report (FEIR) and respond to comments received on the DEIR; and
WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines
Sections 15088, 15089 and 15132, the City responded to all the environmental comments that were
submitted on the DEIR during the public review period and a FEIR was completed. On January 10, 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 Project property and to all responsible, trustee and
other public agencies that commented on the DEIR; A notice of availability was also published in the
Marin Independent Journal on January 11, 2020; and;
WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring
and Reporting Program (MMRP) has been prepared, which outlines the procedures and requirements for
implementing all mitigation measures identified in the FEIR, and is provided in attached Attachment A
of this Resolution; and
WHEREAS, the FEIR concludes that all impacts identified in the FEIR have been or can be
mitigated to a level of less-than-significant, with the exception of one “Land Use and Planning” impact
and three “Transportation” impacts. The FEIR concludes that the project will result in the following
significant, unavoidable environmental impacts
Land Use and Planning. Implementation of the proposed project could potentially conflict with some of
the applicable goals, policies, and programs of the Genera l Plan 2020, which were adopted by the City of
San Rafael for the purpose of avoiding or mitigating an environmental effect. This potential conflict is
with the following General Plan policies:
LU-2, Development Timing. For health, safety and general welfare reasons, new development
should only occur when adequate infrastructure is available consistent with the following
findings:
a. Project-related traffic will not cause the level of service established in the Circulation
Element to be exceeded;
b. Any circulation improvements needed to maintain the level of service standard established in
the Circulation Element have been programmed and funding has been committed;
c. Environmental review of needed circulation improvement projects has been completed;
d. The time frame for completion of the needed circulation improvements will not cause the
level of service in the Circulation Element to be exceeded, or the findings set forth in Policy
C-5 have been made; and
e. Sewer, water, and other infrastructure improvements will be available to serve new
development by the time the development is constructed.
Transportation. Implementation of the proposed project would contribute potentially significant project-
related impacts involving conflicts with a program, plan, ordinance, or policy addressing the circulation
system listed below:
Impact TRANS-2: Project-related traffic, under Cumulative-plus-Project conditions, would
contribute to continued LOS F conditions at the US 101 southbound off-ramp to Mission
Avenue, increasing the volume-to-capacity (V/C) ratio of the off-ramp by 0.033 during the
AM peak hour. Traffic operations and safety at the highway ramp diverge and along the
Exhibit 2b
Exhibit 2.b-3
offramp would worsen. This condition would conflict with standards provided in the Marin
County Congestion Management Plan.
Impact TRANS-3: Project-related traffic would contribute to continued LOS E (under
Baseline-Plus-Project) and LOS F (under Cumulative-Plus-Project) conditions along
westbound 3rd Street between Hetherton Street and D Street during the AM peak hour, with
an increase in the arterial roadway segment’s volume-to-capacity (V/C) ratio of 0.067. This
impact would result in a reduction in travel speeds that conflict with the Marin County
Congestion Management Plan and San Rafael General Plan 2020 Policy C-5 (Traffic Level of
Service Standards).
Impact TRANS-4: Under Cumulative-Plus-Project conditions, project-related traffic would
worsen the service level at the 3rd Street and Tamalpais Avenue West intersection from LOS
E to LOS F during the AM peak hour, with average delays increasing from 65.6 seconds to
96.7 seconds per motorist. During the PM peak hour, the intersection’s service level would
remain at LOS F with project-related traffic, but the project would increase average delays
from 86.4 to 94.0 seconds per motorist. This impact would create conflicts with San Rafael
General Plan 2020 Policy C-5 (Traffic Level of Service Standards).
The FEIR concludes that there are no mitigations that can be imposed or required to reduce these
impacts to a less-than-significant level; and
WHEREAS, the FEIR identifies Alternative 2: “Reduced Scale project” as the Environmentally
Superior Alternative, which would reduce the overall BioMarin project size and would reduce some of
the overall impacts to Transportation in the Project Area. However, this Alternative would not meet the
identified laboratory and office space needs for BioMarin. Whistlestop/E DEN housing would be
unchanged from the proposed project; thus, the portion of this objective addressing th e Healthy Aging
Center and affordable senior housing would be met. If the BioMarin part of Alternative 2 were not
developed because the project’s primary objective could not be met, the Whistlestop/EDEN Housing part
would also not occur; and
WHEREAS, CEQA Guidelines Section 15093 requires the decision-making agency to balance,
as applicable, the economic, legal, social, technological, or other benefits of a proposed project against
its unavoidable environmental impacts when determining whether to approve a project. If these benefits
outweigh the unavoidable adverse environmental effects, the adverse effects may be considered
“acceptable” and a statement of overriding considerations may be adopted by the agency. The decision-
making agency must state in writing the specific reasons to support its action based on the FEIR and/or
other information in the record. The statement of overriding considerations must be supported by
substantial evidence in the record; and
WHEREAS, in support of CEQA Guidelines Section 15063 the San Rafael General Plan 2020
includes Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c (Exception
Review), which permits the City to authorize an exception to the City-adopted traffic standards by
weighing the community benefits of a project against the potential for the project to deviate from the
City-adopted level of service (LOS) traffic standards; and
WHEREAS, on January 28, 2020, the Planning Commission held a duly-noticed public hearing
on the FEIR and Project merits, accepting all public testimony and the written report of the Community
Development Department staff. As part of this hearing process the Planning Commission considered
Exhibit 2b
Exhibit 2.b-4
CEQA Findings of Fact, Exception to Circulation Element Policy C-5 (LOS Standards), Statement of
Overriding Considerations contained in this resolution, and the Mitigation Monitoring and Reporting
Program (MMRP); and
WHEREAS, on January 28, 2020, the Planning Commission, through the adoption of a separate
resolution, recommended to the City Council certification of the FEIR for the Project; and
WHEREAS, on January 28, 2020, the Planning Commission, through the adoption of a separate
resolutions, recommended to the City Council 1) approval of a General Plan amendment, 2) adopt ion of
the Planned Development (PD) Rezoning (ZC18-002), 3) adoption of Zoning Ordinance Text
Amendment (ZO18-003), 4) approval of a Development Agreement (DA19-001), and 5) approval of
Master Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087), Small
Subdivision (S18-001) and Sign Program Amendment (SP18-18-006); and
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San
Rafael does hereby recommend to the City Council: a) approval the following CEQA Findings of Fact; b)
adoption the following Statement of Overriding Considerations; and c) approval of the MMRP presented
in Attachment A, finding that the MMRP has been prepared in accordance with the CEQA Guidelines:
FINDINGS OF FACT
I. California Environmental Quality Act (CEQA)
A. Final EIR
By separate Planning Commission Resolution adopted concurrently with this Resolution, the
Planning Commission reviewed and recommended certification of the Project’s FEIR. As
part of this action and as outlined in this separate resolution, the Planning Commission:
reaffirms the findings made in the separate Planning Commission Resolution that a)
supported the certification of the FEIR; b) found that the FEIR has been prepared in
accordance with the CEQA Guidelines and the City of San Rafael Environmental
Assessment Procedures Manual; and c) found and concluded that the FEIR adequately
assesses the environmental effects of the Project and represents the independent judgment of
the City.
B. Incorporated Documents/ Record of Proceedings
The following information is incorporated by reference and made part of the record
supporting these findings:
• All Project plans and application materials, including supportive technical reports;
• The DEIR and Appendices (August 2019) and FEIR (January 10, 2020), and all
documents relied upon, cited therein or incorporated by reference;
• The Mitigation Monitoring and Reporting Program (MMRP) prepared for the
Project;
• The City of San Rafael General Plan 2020 and General Plan 2020 FEIR;
• Zoning Ordinance of the City of San Rafael (SRMC Title 14);
• Subdivision Ordinance of the City of San Rafael (SRMC Title 15);
• City Council Ordinance No. 1772, City Council Resolution No. 10980 and the City
of San Rafael Archaeological Sensitivity map;
Exhibit 2b
Exhibit 2.b-5
• BioMarin’s 999 3rd Street Project Development Agreement Term Sheet, dated
January 10, 2020
• All records of decision, resolutions, staff reports, memoranda, maps, exhibits, letters,
synopses of meetings, summaries, and other documents approved, reviewed, relied
upon, or prepared by any City commissions, boards, officials, consultants, or staff
relating to the Project;
• Any documents expressly cited in these findings, in addition to those cited above;
and
• Any other materials required for the record of proceedings by caselaw and/or Public
Resources Code section 21167.6, subdivision (e).
Pursuant to CEQA Guidelines Section 15091(e), the documents and other materials that
constitute the record of proceedings upon which the City has based its decision are
located in and may be obtained from the City’s Department of Community Development,
Planning Division, at 1400 Fifth Ave, Third Floor, San Rafael, CA 94901. The
Community Development, Planning Division is the custodian of records for all matters
before the Planning Commission.
II. Findings of Fact in Support of Project Action
The FEIR, prepared in compliance with CEQA, evaluates the potentially significant and significant
adverse environmental impacts that could result from approval of the Project. Because the FEIR
concludes that implementation of the Project would result in adverse impacts, the City is required by
CEQA to make certain findings with respect to these impacts. (CEQA Guidelines Section 15091)
These findings list and describe the following, as analyzed in the EIR: a) impacts determined to be
insignificant or less-than-significant in the Notice of Preparation checklist; b) impacts found to be
less than significant after individual analysis in the EIR; c) significant impacts that can be avoided or
reduced with mitigation; d) significant impacts that cannot be avoided; and e) project alternatives
that were developed and studied as provided in the CEQA Guidelines.
These findings are supported by substantial evidence in the entirety of the record of proceedings
before the City, which is incorporated herein by this reference. Further explanation of these
environmental findings and conclusions can be found, without limitation, in the DEIR and FEIR, and
these findings hereby incorporate by reference the discussion and analysis in those documents
supporting the FEIR determinations regarding mitigation measures and the Project’s impacts and
mitigation measures designed to address those impacts. In making these findings, the City ratifies,
adopts and incorporates in these findings the determinations and conclusions of the DEIR and FEIR
relating to environmental impacts and mitigation measures, except to the extent any such
determinations and conclusions are specifically and expressly modified by these findings.
A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT AND NOT
INDIVIDUALLY ANALYZED
During the Project’s Notice of Preparation (NOP) and scoping period, the City determined that a
number of the Project’s potential environmental effects would be insignificant, less-than-
significant or would be adequately addressed through the City’s environmental review process,
including Agriculture Resources, Biological Resources, Mineral Resources, Population/Housing,
Schools and Libraries (Public Services), and Wildfire. For these topics, in accordance with
Exhibit 2b
Exhibit 2.b-6
CEQA Guidelines Section 15128, no need for further environmental assessment was required for
the preparation of the FEIR.
Finding: The Project’s DEIR contains brief statements identifying possible impacts that were
determined to be insignificant or less-than-significant, along with the reasons for those
determinations. The City adopts those statements and concludes that the referenced
environmental effects are insignificant or less than significant and no further analysis in t he FEIR
is required.
B. IMPACTS DETERMINED TO BE LESS-THAN-SIGNIFICANT AFTER INDIVIDUAL
ANALYSIS.
The NOP and scoping period identified a number of potential environmental impacts to be
analyzed in the DEIR. Through that analysis, impacts relating to Aesthetics, Energy, Greenhouse
Gas Emissions, Public Services, Recreation, Tribal Cultural Resources, and Utilities and Service
Systems were determined to be less-than-significant and, thus, no mitigation measures are
necessary or required, as noted below.
Finding: The City adopts these statements and concludes that the referenced environmental
impacts would be less than significant for the reasons stated below and contained within the
entirety of the record of proceedings.
1) Aesthetics
a. The Project Will Not Result in Visual Character or Quality Impacts
Facts in Support of Finding: As discussed on pages 4.1-11 to 4.2-22 of the DEIR and
supported by evidence contained within the entirety of the record of proceedings , the
Project will not substantially change the character of the Project site by constructing the
new 72-foot tall buildings on an existing surface parking lot. Further, visual simulations
show that the Project will not obstruct views from many viewpoints, will have less-than-
significant impacts on views of Mt. Tamalpais from public vantage points, and the use is
consistent and compatible with surrounding uses. In addition, the Project is consistent
with design guidelines in the General Plan 2020 and non-residential design guidelines.
This impact will therefore be less than significant.
b. The Project Will Not Increase Light and Glare
Facts in Support of Finding: As discussed on pages 4.1-22 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the Project will not
increase light and glare due to existing presence of commercial lighting. Lighting on the
Project site will be directed downward and angled to reduce spillover of ambient light
onto adjacent properties. In sum, the Project's lighting will not be substantial in
comparison to existing conditions and will not affect nighttime views or cause potential
“spillage” of lighting that may affect nearby residents. This impact will therefore be
less than significant.
c. The Project Will Not Result in Cumulative Aesthetic Impacts
Facts in Support of Finding: As discussed on page 4.1-23 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings , the Project will not
result in cumulative visual impacts. The Project is subject to City of San Rafael Design
Guidelines and formal Design Review to ensure high-quality and compatible design.
Exhibit 2b
Exhibit 2.b-7
Lighting on the Project site will be directed downward and angled to reduce spillover of
ambient light onto adjacent properties. The Project therefore will not make a
cumulatively considerable contribution to a significant cumulative impact, and thus this
impact will be less than significant.
2) Air Quality
a. Consistency with the Bay Area Clean Air Plan
Facts in Support of Finding: As discussed on DEIR page 4.2-10 to 4.2-14 and supported
by evidence contained within the entirety of the record of proceedings, under CEQA, the
project would result in an overall increase in local and regional pollutant loads due to
direct impacts from construction and operational emissions. However, based on the
BAAQMD’s CEQA Air Quality Guidelines, the project would not conflict with or
obstruct implementation of the applicable air quality plan and the associated air quality
impact would be less than significant. The project’s estimated emissions for ROG, NOx,
and exhaust PM10 and PM2.5 during construction were well below the applicable
thresholds and, therefore, would have a less-than-significant impact on regional air
quality. The estimated emissions for ROG, NOx, and exhaust PM10 and PM2.5 during
operation of the project were below the thresholds and, therefore, would have a less -than-
significant impact on regional air quality.
b. Exposure of Sensitive Receptors to Toxic Air Contaminants and PM2.5
Facts in Support of Finding: As discussed on DEIR page 4.2-14 to 4.2-21 and supported
by evidence contained within the entirety of the record of proceedings, under CEQA,
project construction would generate DPM and PM2.5 emissions primarily from the
exhaust of off-road diesel construction equipment emissions from testing and maintenance
of an emergency generator. The emissions of DPM and PM2.5 from diesel exhaust during
project construction and operation could pose a health risk to nearby sensitive re ceptors.
Similarly, project operations would generate DPM and PM2.5. In addition, the project
has potential to create individual TAC and PM2.5 emissions during construction and
operation, the potential cumulative health risks to sensitive receptors from e xisting and
future foreseeable sources of TACs and PM2.5. The excess cancer risk, chronic HI, and
annual average PM2.5 concentrations at the on-site MEIR were below the BAAQMD’s
cumulative thresholds. Therefore, the cumulative impact on nearby sensitive receptors
from TAC and PM2.5 emissions during construction and operation of the proposed
project would be less than significant.
c. Generation of Odors
Facts in Support of Finding: As discussed on DEIR page 4.2-21 and supported by
evidence contained within the entirety of the record of proceedings, under CEQA, Project
construction and operation would not be expected to generate significant odors because
the project would not include handling or generation of noxious materials. Therefore,
project impacts related to odors would be less than significant.
d. Cumulative Operational Air Quality Impacts
Facts in Support of Finding: As discussed on Draft EIR page 4.2-22 and supported by
evidence contained within the entirety of the record of proceedings, under CEQA , since
construction and operation of the proposed project would not exceed the BAAQMD’s
thresholds of significance for criteria pollutants (including ozone precursors), the
cumulative impact on regional air quality would be less than significant. The project
Exhibit 2b
Exhibit 2.b-8
would also not exceed the BAAQMD threshold emissions of DPM and PM2.5 during
construction and operation of the project.
3) Cultural Resources
a. Human Remains
Facts in Support of Finding: As discussed on Draft EIR page 4.3-8 and supported by
evidence contained within the entirety of the record of proceedings, under CEQA the
project would have less-than-significant impacts on human remains, including those
interred outside formal cemeteries. As noted under “Pre-Contact Archaeological
Resources and Human Remains,” Native American human remains could be encountered
below the engineered fill at the project site. Should human remains be unearthed during
project construction, these would be treated in accordance with existing state laws,
including California PRC Section 5097.98 and California Health and Safety Code
Section 7050.5. With enforcement and implementation of these state laws, project
impacts on human remains would be less than significant, and no mitigation measures
are required.
4) Energy
a. The project would not result in a potentially significant environmental impact due
to wasteful, inefficient, or unnecessary consumption of energy resources during
project construction or operation.
Facts in Support of Finding: As discussed pages 4.4-4 to 4.4-7 of the DEIR and
supported by evidence contained within the entirety of the record of proceedings , the
Project will not result in wasteful, inefficient, or unnecessary consumption of energy.
While energy consumption would increase (due to the proposed new buildings and
associated vehicle traffic), the net increase in overall per capita consumption would not
be considered substantial, for two reasons:
1. Downtown Infill Location. The project would be located on a downtown infill site
already served by roads, transit, and utilities. This type of infill development tends to
be more energy efficient than development on less centrally located sites, as it offers
opportunities for reusing existing resources and encouraging use of public transit and
other alternatives to private vehicles.
2. Energy Efficiency Measures. The project includes energy efficiency measures and
would likely be subject to additional applicable state and local requirements at the
time of detailed project review. In addition, all project buildings would be designed
to accommodate solar roof systems at some point in the future. As noted in the above
analysis, the energy consumption estimates for the project are considered
conservative, because it was assumed that no energy savings would result above
current standards; therefore, the project’s actual energy consumption might be less
than the estimates, since additional energy reduction measures will likely be
introduced at the state and local level over time and would be included in the project.
The project would be subject to City of San Rafael policies and review procedures
that would ensure that the project incorporates the latest energy conservation
measures. This impact will therefore be less than significant.
Exhibit 2b
Exhibit 2.b-9
b. The project would not conflict w ith or obstruct a state or local plan for renewable
energy or energy efficiency.
Facts in Support of Finding: As discussed page 4.4-7 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the Project will not
conflict with or obstruct a state or local plan for renewable energy or energy efficiency.
The project applicants are proposing that the project be designed with a variety of
energy-saving features, which are described in detail in Chapter 3, Project Descript ion,
of this DEIR. Through the local building permit process, the project would be required to
abide by all State of California mandates for energy conservation. The project therefore
would not conflict or obstruct a state or local plan for renewable energy or energy
efficiency.
c. The project would not require or result in the relocation or construction of new or
expanded electric power or natural gas facilities, the construction or relocation of
which could cause significant environmental effects.
Facts in Support of Finding: As discussed page 4.4-7 to 4.4-8 of the DEIR and supported
by evidence contained within the entirety of the record of proceedings, the Project will
not require or result in the relocation or construction of new or expanded electric p ower
or natural gas facilities, the construction or relocation of which could cause significant
environmental effects. The project site is already served by PG&E electricity and natural
gas facilities. It is generally expected that the project would connec t to existing PG&E
utility lines serving the site. New gas underground service would be installed for each
building, with points of connection and gas meters located immediately adjacent to each
building. A new electrical power underground service would be provided, with
underground feeders extended from existing vaults to the project site and ending at a new
pad-mounted transformer outside each building. A utility meter would be provided at
each main switchboard. A transformer would be provided to serve Bi oMarin Building B.
An on-site generator would be provided for emergency power use (BioMarin and
Whistlestop/Eden Housing, 2019). A new PG&E gas underground connection/service
would be provided for the Whistlestop/Eden Housing project, and a new electrical
transformer would be installed at the southwest corner of the site, next to the electrical
room. A new gas meter would be located at the southwest corner of the site.
d. The Project would not result in net increased energy demand and, combined with
other past, present, and probable future projects, would not result in a significant
cumulative impact.
Facts in Support of Finding: As discussed page 4.4-8 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the net increased
energy demand from the Project would be minimal and would not require expanded or
new energy facilities as a direct result of project development. The proposed project
would not result in any significant impacts on energy services. The proposed project
would realize transportation-related energy savings compared to similar projects in a
location at a distance from urban areas. The proposed project and other projects have
been and would be required to comply with all standards of Title 24 of the California
Code of Regulations. PG&E, which provides energy to the project site and vicinity,
produces much of its energy from renewable sources and has plans in place to increase
reliance on renewable energy sources. Because many agencies in California ha ve
adopted policies seeking increased use of renewable resources (and have established
minimum standards for the provision of energy generated by renewable resources), it is
expected that PG&E would continue to meet future demands for energy via a graduall y
Exhibit 2b
Exhibit 2.b-10
increasing reliance on renewable resources, including small -scale sources such as
photovoltaic panels and wind turbines, in addition to larger-scale facilities, such as wind
farms. MCE also serves the San Rafael area, providing additional alternatives fo r
renewable electricity service. The increase in demand would likely be met through the
development of renewable resources that would have fewer environmental effects than
the development of new conventional gas- or coal-fired power plants.
5) Geology and Soils
a. Surface Rupture
Facts in Support of Finding: As discussed on pages 4.5-12 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the project would
not directly or indirectly cause potential substantial adverse effects involving rupture of a
known earthquake fault. Available mapping does not identify a fault at or near the
project site that would have the potential to result in surface rupture (Miller Pacific
Engineering Group, 2018). In a seismically active area such as the San Francisco Bay
region, a remote possibility exists for future faulting to occur in areas where no faults
previously existed. Because this is unlikely to occur, the geotechnical report for the
proposed project concluded that the potential for fault surface rupture at the project site
is low (Miller Pacific Engineering Group, 2018). Therefore, the potential for substantial
adverse impacts to occur due to surface rupture is less than significant.
b. Landslides
Facts in Support of Finding: As discussed on pages 4.5-12 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the project would
not directly or indirectly cause potential substantial adverse effects involving landslides.
The project site and surrounding areas are relatively flat. The site-specific geotechnical
investigation report did not identify any potential slope stability or landslide hazards
associated with the proposed project (Miller Pacific Engineering Group, 2018).
Therefore, the potential for the proposed project to expose people or structures to
substantial adverse effects involving landslides is less than significant.
c. Soil Erosion or Loss of Topsoil
Facts in Support of Finding: As discussed on pages 4.5-12 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the project would
not result in substantial erosion or the loss of topsoil. Potential soil erosion impacts of
the proposed project would be related to stormwater runoff entraining soils exposed
during construction, and are analyzed in Section 4.8, Hydrology and Water Quality.
d. Cumulative Geology and Soils Impacts
Facts in Support of Finding: As discussed on pages 4.5-15 to 4.5-16 of the DEIR and
supported by evidence contained within the entirety of the record of proceedings,
Geologic impacts do not extend far beyond a project’s boundaries because geologic and
soils conditions can vary widely over a short distance and therefore potential impacts are
typically confined to discrete spatial locations and do not combine to create a significant
cumulative impact. There are no large landslide features or fault zones present in the
vicinity of the project site. The development of the proposed project and the nearby
cumulative projects would not alter the geologic or seismic hazards at any off -site
location. Therefore, the potential cumulative impact related to geologic hazards would be
less than significant. The proposed project and cumulative projects within San Rafael,
Exhibit 2b
Exhibit 2.b-11
could affect unidentified paleontological resources. However, impacts on these resources
accidentally discovered during implementation of these projects would be mitigated to
less-than-significant levels through the use of appropriate mitigation measures adopted as
conditions of approval. Collectively, the proposed project and other projects would not
result in a cumulative increase in impacts on paleontological resources as these resources
would be avoided or otherwise removed, analyzed, and reported (i.e., by a qualified
paleontologist). Therefore, the potential cumulative impact would be less than
significant.
6) Green House Gas Emissions
a. GHG Emissions from Project Operations
Facts in Support of Finding: As discussed on pages 4.6-11 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, GHG emissions
generated by the project would not have a significant impact on the environment. In
2019, the City of San Rafael adopted the CCAP 2030 in order to implement measures to
reduce GHG emissions and adapt to climate change. The CCAP 2030 identifies
strategies for reducing the City of San Rafael’s GHG emissions 25 percent below 2005
levels by 2020, which is more stringent than the statewide 2020 target under AB 32, and
40 percent below 1990 levels by 2030, which is consistent with the statewide 2030 target
under SB 32. These GHG reductions would also put the city on a trajectory to reduce
GHG emissions 80 percent below 1990 levels by 2050, which is consistent with the
statewide 2050 target under Executive Order S-3-05. Emissions reductions related to
transportation, energy efficiency, renewable energy, and water conservation are
estimated in the CCAP 2030 and show that the City would surpass the City and statewide
goals for 2020 and 2030 by reducing emissions 19 percent below 1990 levels by 2020
(equivalent to 31 percent below 2005 levels) and 42 percent below 1990 levels by 2030.
These GHG reductions would primarily be achieved through low-carbon transportation,
energy efficiency, renewable energy, waste reduction, and water conservation.
Therefore, the GHG emissions generated by the project would have a less-than-
significant impact on the environment.
b. Consistency with San Rafael’s CCAP 2030
Facts in Support of Finding: As discussed on pages 4.6-11 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the project would be
consistent with the City of San Rafael’s CCAP 2030. As discussed above, the project’s
GHG emissions impact is considered less than significant because the project is
consistent with the CCAP 2030.
7) Hazards and Hazardous Materials
a. The project would not create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous materials.
Facts in Support of Finding: As discussed on pages 4.7-15 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, during project
construction, hazardous materials (e.g., fuel, oils, solvents, paints) would be routinely
transported, stored, and used at the project site. Because the proposed project would
result in soil disturbance greater than 1 acre, management of soil and hazardous materials
during construction activities would be subject to th e requirements of the Stormwater
Construction General Permit which requires preparation and implementation of a
Exhibit 2b
Exhibit 2.b-12
Stormwater Pollution Prevention Plan (SWPPP) that includes hazardous materials
storage requirements. The routine handling and use of hazardous materials by workers
would be performed in accordance with OSHA regulations, which include training
requirements for workers and a requirement that hazardous materials are accompanied by
manufacturer’s Safety Data Sheets (SDSs). Cal/OSHA regulations include requirements
for protective clothing, training, and limits on exposure to hazardous materials.
Compliance with these existing regulations would ensure that workers are protected from
exposure to hazardous materials that may be transported, stored, or used on-site.
Compliance with the existing regulations for hazardous materials discussed above would
ensure that the proposed project would not result in significant impacts related to the
routine transport, use, storage, or disposal of hazardous materials.
b. During construction, the project would not create a significant hazard to the public
or the environment through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the environment.
Facts in Support of Finding: As discussed on pages 4.7-16 of the DEIR and supported by
evidence contained within the entirety of the record of proceeding, the proposed project
would not result in an accidental release of hazardous materials (e.g., oils, fuels,
solvents, and paints) during project construction. The proposed project would be subject
to the requirements of the Construction General Permit, which require preparation and
implementation of a SWPPP and best management practices (BMPs) to reduce the risk
of spills or leaks from reaching the environment, including procedures to address minor
spills of hazardous materials. Measures to control spills, leakage, and dumping must be
addressed through structural as well as nonstructural BMPs, as required by the
Construction General Permit. Construction activities that would disturb potentially
contaminated soil and groundwater at the project site would be subject to the
requirements of the Covenant and SGMP, including requirements for worker health and
safety, dust and odor control, stockpile management, stormwater runoff and erosion
control, soil and groundwater disposal protocols, and protocols for the discovery of
unanticipated conditions (e.g., subsurface features or contaminated soil not identified
during previous investigations). Compliance with the requirements of the Covenant,
SGMP, and the Construction General Permit would ensure that the proposed project
would result in less-than-significant impacts related to the accidental release of
hazardous materials during construction.
c. The project would not result in significant impacts related to emitting hazardous
emissions or handling hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school.
Facts in Support of Finding: As discussed on pages 4.7-17 to 4.7-18 of the DEIR and
supported by evidence contained within the entirety of the record of proceeding, the
proposed project is located approximately 800 feet from Saint Raphael Elementary, a
private school located at 1100 Fifth Avenue north of the project site. The project site is
approximately one-quarter mile north of the James B. Davidson Middle School public
school located at 280 Woodland Avenue. The proposed project would be designed,
constructed, and operated in accordance with the requirements of the CBC, CFC, and
IFC for the storage and handling of hazardous materials; and operation of the project
would be required to comply with existing hazardous materials regulations enforced by
Marin County. Compliance with the existing regulations discussed above would ensure
that the proposed project would have less-than-significant impacts related to potential
hazardous emissions near schools during operation of the project.
Exhibit 2b
Exhibit 2.b-13
d. The project would not be located on a site that is included on a list of hazardous
materials sites compiled pursuant to Government Code Section 65962.5.
Facts in Support of Finding: As discussed on pages 4.7-19 of the DEIR and supported by
evidence contained within the entirety of the record of p roceeding, although the project
site is a known hazardous materials release site, the project site is not included on any of
the lists of hazardous materials release sites compiled pursuant to Government Code
Section 65962.5, also known as the “Cortese List” (CalEPA, 2019). Therefore, the
proposed project would have no impact related to being included on a list of hazardous
materials release sites compiled pursuant to Government Code Section 65962.5.
e. The project is not located in the vicinity of an airport and therefore would not
result in airport-related safety hazards or excessive noise for people residing or
working in the project area.
Facts in Support of Finding: As discussed on pages 4.7-19 of the DEIR and supported by
evidence contained within the entirety of the record of proceeding, the nearest airport to
the project site is San Rafael Airport, approximately 3 miles north of the project site. San
Rafael Airport is a private use airport (AirNav, 2019) and does not have a land use plan.
The nearest public airport to the project site is the Marin County Airport at Gnoss Field
in Novato, approximately 12 miles to the north. The project site is not located within the
land use plan area for the Marin County Airport at Gnoss Field (Marin County Planning
Department, 1991). There are no airports located within 2 miles of the project site.
Therefore, the proposed project would have no impacts related to aviation hazards.
f. The project would not impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation plan.
Facts in Support of Finding: As discussed on pages 4.7-19 of the DEIR and supported by
evidence contained within the entirety of the record of proceeding, c onstruction of the
project could require temporary closure of portions of streets adjacent to the project site.
Traffic control requirements imposed by the City for the permitting of temporary closure
of street areas would ensure that appropriate emergency access is maintained at all times
during construction activities. The proposed project would not permanently alter
roadways in the vicinity of the project site. Therefore, the proposed project would have a
less-than-significant impact related to impeding or interfering with emergency response
or evacuation plans.
g. The project would not expose people or structures, either directly or indirectly, to
significant risk of loss, injury, or death involving wildland fires.
Facts in Support of Finding: As discussed on pages 4.7-19 and 4.7-20 of the DEIR and
supported by evidence contained within the entirety of the record of proceeding, the
project site is within a highly urbanized area and is not located near heavily vegetated
areas or wildlands that could be susceptible to wild fires. The project site is not located
in or near a State Responsibility Area or a Very High Fire Hazard Severity Zone as
mapped by the California Department of Forestry and Fire Protection (CAL FIRE, 2008).
The project site is not in or near a Wildland-Urban Interface area mapped by the City of
San Rafael (City of San Rafael, 2007). (Wildland -Urban Interface areas are areas where
structures are built near lands prone to wildland fire.) Therefore, the project would have
a less-than-significant impact related to wildland fire hazards.
Exhibit 2b
Exhibit 2.b-14
8) Hydrology and Water Quality
a. The project would not result in substantial erosion or siltation on- or off-site.
Facts in Support of Finding: As discussed on pages 4.8-12 and 4.8-13 of the DEIR and
supported by evidence contained within the entirety of the record of proceedings,
Construction activities would involve excavation and grading, which would temporarily
alter drainage patterns and expose soil to potential erosion. Compliance with the
Construction General Permit and City of San Rafael BMPs f or construction activities
would ensure that erosion of exposed soil and sedimentation of receiving waters or the
combined sewer system would not occur during construction of the proposed project.
During operation of the project, the site would be covered by buildings, pavement, and
landscaped areas, with no ongoing soil exposure or disturbance that could result in
erosion and siltation. For these reasons, the potential of project construction and
operation to change drainage patterns in a manner that would result in erosion or siltation
on- or off-site would be less than significant.
b. The project would not impede or redirect flood flow.
Facts in Support of Finding: As discussed on pages 4.8-13 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the majority of the
proposed project is located within the 100-year flood hazard zone. The project site is not
located in a regulatory floodway. Any proposed development of modification of the
regulatory floodway is subject to the special study requirements of San Rafael Municipal
Code Section 15.50.060. The flooding at the project site and vicinity is mapped as
shallow flooding of 1 to 3 feet that usually consists of areas of ponding. The
development of the project site would not alter this existing flooding pattern, which is
controlled by the properties of San Rafael Creek. In addition, the project would be
required to comply with the requirements of Section 18 of the San Rafael Municipal
Code and acquire a development permit in accordance with Section 18.40.010.
Therefore, after development of the buildings, the flood water surrounding the project
site would continue to consist of shallow flooding with areas of ponding, and the
potential of the proposed project to redirect or impede flood flows would be less than
significant.
c. The project would not result in a substantial release of pollutants during
inundation of the project site by flood waters.
Facts in Support of Finding: As discussed on pages 4.8-13 to 4.8-15 of the DEIR and
supported by evidence contained within the entirety of the record of proceedings, t he
project site is not located in an area subject to flooding due to tsunami, seiche, or dam
inundation. The construction of the proposed project would be required to implement a
SWPPP and to comply with City of San Rafael BMPs for construction activities,
including measures for managing hazardous materials used on construction sites and for
keeping the construction site maintained in a clean and orderly state, and hazardous
materials storage requirements. Once constructed, the project buildings would be subject
to inundation during the 100-year flood, as well as to inundation due to sea level rise.
Urban pollutants associated with the proposed land uses include oils, fuels, and metals
associated with motor vehicle traffic; fertilizers and pesticides used to maintain
landscaped areas; and trash generated by new site occupants. In addition, some
contamination would likely be present in the soil and groundwater on t he project site
even after remediation is complete. The maintenance of the site cap would prevent
contaminants in the soil and groundwater on the site from coming into contact with
Exhibit 2b
Exhibit 2.b-15
floodwaters. Therefore, the risk of the release of pollutants from these fl ood hazards
would be less than significant during both project construction and operation.
d. The project would not conflict with or obstruct implementation of a water quality
control plan or sustainable groundwater management plan.
Facts in Support of Finding: As discussed on pages 4.8-15 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, no significant
groundwater resources are located at the project site, and there is no groundwater
management plan for the area of the project site. The Basin Plan is the master policy
document that establishes the water quality objectives and strategies needed to protect
designated beneficial water uses in the San Francisco Bay region. The State Water Board
and Regional Water Board enforce compliance with the water quality objectives of the
Basin Plan through the issuance of NPDES permits. The project would comply with the
Construction General Permit and Small MS4 Permit. Compliance with these permits
would ensure that the proposed project would not have the potential to conflict with the
Basin Plan. Therefore, this impact would be less than significant.
9) Land Use and Planning
a. The project would not divide an established community.
Facts in Support of Finding: As discussed on pages 4.9-10 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, no land uses are
currently present on the project site. The project would allow development of office,
R&D, multi-family housing, and retail uses that would be generally compatible with
surrounding uses in the downtown area. Thus, the project would not divide an
established community, and the impact would be less than significant.
10) Noise
a. Airport Noise
Facts in Support of Finding: As discussed on pages 4.10-14 of the DEIR and supported
by evidence contained within the entirety of the record of proceedings, the project would
not expose people residing or working in the project area to excessive airport noise
levels. The nearest private airstrip to the project site is the San Rafael Airport,
approximately 3 miles to the north. A heliport is located approximately 2.6 miles
southeast of the project site. The project site is located outside of the 60 dBA Ldn
contour line of both San Rafael Airport and the heliport (City of San Rafael, 2017). The
project site is not located within the vicinity of any other private airstrip (Federal
Aviation Administration, 2019). Therefore, the proposed project would not expose
people in the project area to excessive noise levels from any private airstrips. The nearest
public use airport to the project site is the Marin County Airport (also known as Gnoss
Field) in Novato, approximately 12 miles to the north. The project site is not located in a
land use plan for Marin County Airport (Marin County Planning Department, 1991).
Therefore, the proposed project would not expose people at the project site to excessive
noise levels from any public use airports.
b. Operational Noise Related to Increased Traffic
Facts in Support of Finding: As discussed on pages 4.10-15 of the DEIR and supported
by evidence contained within the entirety of the record of proceedings, Project -related
traffic would not generate a substantial permanent increase in ambient noise levels in
Exhibit 2b
Exhibit 2.b-16
excess of standards established in San Rafael General Plan 2020 or the noise ordinance.
The proposed project would increase vehicle trip generation during operation but below
the 3 dBA significance threshold for project -generated traffic noise. Consequently, the
proposed project would not result in a significant increase in traffic noise along local
area roadways.
c. Land Use Compatibility
Facts in Support of Finding: As discussed on pages 4.10-15 of the DEIR and supported
by evidence contained within the entirety of the record of proceedings, the project would
not cause a significant environmental impact due to a conflict with any land use plan,
policy, or regulation adopted for the purpose of avoiding or mitigating a noise effect.
According to the traffic noise level contours of the General Plan, existing noise levels
range from 65 dBA Ldn to 69 dBA Ldn in the northern portion of the project site and
from 68 dBA Ldn to 72 dBA Ldn in the southern portion of the project site. A typical
building façade with windows closed would also reduce the interior noise levels for the
BioMarin project to 40 to 47 dBA Ldn, which is consistent with the interior noise levels
requirements of 50 dBA Ldn in 2016 California Building Standards Code for buildings
containing non-residential uses. Therefore, impacts related to land use compatibility
would be less than significant.
11) Public Services
a. The project would increase the demand for fire protection services, but not to the
extent that new or physically altered fire stations would be needed.
Facts in Support of Finding: As discussed on page 4.11-14 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the completed
Project could generate new demand for fire protection services, inc luding increased calls
for service. This new demand would not be large enough to require new or physically
altered fire protection facilities or equipment, however. The project would not require
the hiring of any additional firefighters, and no new or upgraded facilities would be
necessary. As such, the impact is considered less-than-significant.
b. The project would increase the demand for police services, but not to the extent
that new or physically altered police stations would be needed.
Facts in Support of Finding: As discussed on page 4.11-15 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the completed
Project could generate new demand for police services, including increased calls for
service and response to traffic-related issues. This new demand would not be large
enough to require new or physically altered police facilities or equipment, however. The
project would not require the hiring of any additional officers, and no new or upgraded
police facilities would be necessary. In addition, at the time of building permit issuance,
the project applicants would pay development impact fees of $0.12 per square foot of
commercial space, $0.06 per square foot of industrial space, and $128.50 per bedroom
for residential uses. The City of San Rafael would use these funds to cover the costs of
the project’s impact on public facilities and services within the city, including on -going
costs of police services. As such, the impact is considered less-than-significant.
c. The Project Will Not Result in Significant Cumulative Public Services Impacts
Facts in Support of Finding: As discussed on page 4.11-5 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the completed
Exhibit 2b
Exhibit 2.b-17
Project will not service demands from the project would not affect these services enough
to create the need for new or expanded facilities. The project would be subject to Fire
Code requirements and other standard requirements for features such as emergency
access, signage, lighting, and security. Other projects in the San Rafael city limits would
also be subject to these standard requirements, along with development impact fees that
are used by the City to cover the cost of project impacts on public facilities a nd services.
As such, the impact is considered less-than-significant.
12) Recreation
a. The project would not increase the use of existing neighborhood or regional parks
or other recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated or such that new or altered facilities would be
needed.
Facts in Support of Finding: As discussed on page 4.12-3 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the proposed on-site
recreational facilities and services are expected to be adequate to serve the needs of the
on-site population. While the project could result in an increase in use of nearby parks
and recreational facilities, this increase would not be large enough to result in the need
for new or altered parks or cause deterioration of existing parks or recreational facilities.
The project would not create any conflicts with San Rafael General Plan 2020 policies
for recreational facilities. The impact would b e less than significant, and no mitigation is
necessary.
b. The project would include recreational facilities and would not require the
construction or expansion of recreational facilities that might have an adverse
physical effect on the environment.
Facts in Support of Finding: As discussed on page 4.12-4 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the project would
include on-site recreational facilities. The environmental impacts of constructing these
facilities are evaluated throughout this DEIR as part of the analysis of the project as a
whole. The proposed on-site recreational facilities would not have any specific adverse
physical effects on the environment. The recreational needs of the project’s population
would be met on-site, and the project would not create a need for construction or
expansion of other recreational facilities. As such, the impact is considered less -than-
significant.
c. The Project Will Not Result in Significant Cumulative Recreation Impacts
Facts in Support of Finding: As discussed on page 4.12-5 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, The project, in
conjunction with other past, present, and probable future projects, coul d result in a
cumulative increase in demand for recreational facilities in the area. The cumulative
increase in demand would result from the project along with existing and future
development in the area, particularly residential development. As discussed in the above
analysis, however, demand from the project would not result in a significant impact on
recreational facilities or create the need for new or expanded facilities, because the
recreational needs of residents, employees, and other project occupants would be met on-
site. In addition, anticipated residential projects in San Rafael and other cities would be
subject to each city’s respective standard requirements for parkland dedication or in -lieu
Exhibit 2b
Exhibit 2.b-18
payment of fees to fund parks and recreational facilities. For these reasons, the project
would not result in or contribute to any significant cumulative recreation impacts.
13) Transportation
a. The Project would not conflict with a program, plan, ordinance, or policy
addressing transit facilities or bicycle facilities.
Facts in Support of Finding: As discussed on page 4.13-20 to 4.13-21 of the DEIR and
supported by evidence contained within the entirety of the record of proceedings the
proposed project will increase potential public transit ridership but the level of added
transit ridership would not have a significant impact on the SMART, Golden Gate
Transit, or Marin Transit routes serving downtown San Rafael. Therefore, project
impacts on transit facilities are considered less than significant. The proj ect will include
provisions for bicycle parking and storage are included in both the BioMarin and
Whistlestop/Eden Housing projects. Therefore, project impacts on bicycle facilities are
considered less than significant.
14) Tribal Cultural Resources
a. The Project would not potentially cause a substantial adverse change in the
significance of a tribal cultural resource, defined in Public Resources Code section
21074 as either a site, feature, place, cultural landscape that is Geographically
defined in terms of the size and scope of the landscape, sacred place, or object with
cultural value to a California Native American tribe.
Facts in Support of Finding: As discussed on page 4.14-4 of the DEIR and supported by
evidence contained within the entirety of the rec ord of proceedings, Federated Indians of
Graton Rancheria (FIGR) has requested consultation with the City to address potential
impacts on tribal cultural resources. Based on a discussion between the City and the
FIGR Tribal Historic Preservation Officer, Buffy McQuillen, the tribe neither provided
specific information regarding the presence of tribal cultural resources at the project site
nor requested specific mitigation measures be implemented. The NWIC records search
did not identify Native American archaeological deposits or ancestral remains at or
adjacent to the project site. The proposed project would have no impact on known tribal
cultural resources that are listed or eligible for listing in the California Register of
Historical Resources or a local register of historical resources. The City has not
identified substantial evidence to indicate the presence of a tribal cultural resource.
b. The Project Will Not Result in Significant Cumulative Tribal Resource Impact.
Facts in Support of Finding: As discussed on page 4.14-4 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, based on a review of
project and CEQA documentation available on the City of San Rafael website, no recent
past, current, or probable future projects under review by the City include reported tribal
cultural resources as defined under PRC Section 21074. When the City considers future
development proposals, these proposals would undergo environmental review pursuant
to CEQA and, when necessary, mitigation measures would be adopted as appropriate.
Measures to mitigate or avoid impacts on tribal cultural resources would be drafted in
consultation with FIGR. In most cases, this consultation would ensure that significant
impacts on tribal cultural resources would be avoided or otherwise mitigated to less-
than-significant levels. For these reasons, the proposed project would not result in or
contribute to any significant cumulative impacts on tribal cultural resources.
Exhibit 2b
Exhibit 2.b-19
15) Utilities and Services
a. The project would not require or result in the relocation or construction of new or
expanded water, wastewater treatment, or other facilities; the construction or
relocation of which could cause significant environmental effects.
Facts in Support of Finding: As discussed on page 4.15-8 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the project would
not result in the construction of new off-site water facilities or expansion of existing
facilities. No extension of MMWD pipelines would be necessary to serve the project.
The BioMarin project would require one water meter per structure, and the
Whistlestop/Eden Housing project would likely require a single meter for the building at
the street with private submeters for each living unit. These water facilities would not
have any specific significant environmental impacts requiring mitigation. The project
applicants would pay appropriate development impact and utility connection fees toward
ongoing improvements and maintenance of the water system. Water system
improvements to be funded by the project applicants may include installation of a new
fire hydrant at the corner of 3rd Street and Brooks Street. The San Rafael Fire
Department is planning to require this new hydr ant as part of an MMWD water main
replacement along the portion of 3rd Street that adjoins the project site. The
environmental impact would be less than significant, and no mitigation is necessary.
b. Water supplies would be sufficient to serve the project and reasonably foreseeable
future development during normal, dry or multiple dry years.
Facts in Support of Finding: As discussed on page 4.15-10 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the project w ould
require compliance with MMWD conservation requirements that would help reduce the
project’s water use, in compliance with San Rafael General Plan 2020 and Climate
Change Action Plan policies and programs for water conservation. Water supplies would
be sufficient to serve the project and reasonably foreseeable future development during
normal, dry or multiple dry years. The project’s impact on water supplies would
therefore be less than significant, and no mitigation is necessary.
c. The project would not result in a determination by the wastewater treatment
provider that serves the project site that it has inadequate capacity to serve the
project’s projected demand in addition to the provider’s existing commitments.
Facts in Support of Finding: As discussed on page 4.15-11 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the CMSA
Wastewater Treatment Plant would have adequate capacity to handle this increase (Dow,
2019). The project’s impact would therefore be less than significant, and no mitigation is
necessary.
d. The project would not generate solid waste in excess of state or local standards, or
in excess of the capacity of local infrastructure, or otherwise impair the attainment
of solid waste reduction goals. The project would comply with federal, state, and
local management and reduction statutes and regulations related to solid waste.
Facts in Support of Finding: As discussed on page 4.15-12 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the project would be
subject to the California Green Building Standards Code (CALGreen Code), which has
been adopted as Chapter 12.23 of the San Rafael Municipal Code. The CALGreen Code
contains requirements for waste reduction and recycling, including requirements that a
minimum of 50 percent of construction waste be recycled and/or salvaged for reuse, that
Exhibit 2b
Exhibit 2.b-20
a construction waste management plan be prepared, and that readily accessible areas be
provided to allow recycling by project occupants The City of San Rafael would review
the project to verify compliance with the CALGreen Code. The impact would therefore
be less than significant, and no mitigation measure is necessary.
e. The Project will not have Cumulative Water, Wastewater, and Solid Waste
Disposal Impacts.
Facts in Support of Finding: As discussed on page 4.15-13 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the the project’s
water consumption would not result in a significant impact on water supply or create the
need for new or expanded water facilities. Individual projects proposed within the
MMWD service area will need to calculate precise water demands and facilities needed
to provide adequate long-term water supply. For these reasons, the effect of the project
on water service, in combination with other past, present, and probable future projects,
would be less than significant. The project would not result in or contribute to any
significant cumulative water service impacts. For wastewater service, the geographic
scope for assessing cumulative impacts is the service area of the San Rafael Sanitation
District and the CMSA Wastewater Treatment Plant. The service demand from the
project would not result in a significant impact on wastewater treatment plant capacity or
create the need for new or expanded wastewater facilities . While sewer lateral
connections would not be identified until projects are in the design stage, the existing lift
station is expected to have adequate capacity to serve the additional flow. For these
reasons, the effect of the project on wastewater service, in combination with other past,
present, and foreseeable projects, would be less than significant. The project would not
result in or contribute to any significant cumulative wastewater service impacts. For
solid waste disposal service, the geographic scope for assessing cumulative impacts
consists of the service area of Redwood Landfill through 2024. Comprehensive
implementation of state and local waste reduction and diversion requirements and
programs has and would continue to reduce the potential for exceeding existing landfill
capacity. For these reasons, the project’s effect on solid waste disposal service, in
combination with other past, present, and probable future projects, would be less than
significant. The proposed project would not result in or contribute to any significant
cumulative solid waste disposal service impacts.
C. SIGNIFICANT IMPACTS THAT CAN BE AVOIDED OR REDUCED WITH
MITIGATION
The City, as authorized by Public Resources Code Section 21081 and CEQA Guidelines Sections
15091 and 15092, identifies the following significant impacts that can be eliminated or reduced
to a less-than-significant level with the implementation of mitigation measures recommended in
the EIR. As summarized in Chapter 2 (pages 2-5 – 2-15) of the DEIR and supported by evidence
contained within the entirety of the record of proceedings, these mitigation measures are hereby
adopted and incorporated into the description of the Project and their implementation will be
monitored through the MMRP.
1) Air Quality
a. Impact AIR-1: Fugitive dust emissions during project construction could adversely
affect a substantial number of people.
Exhibit 2b
Exhibit 2.b-21
Significant Impact
As discussed on pages 4.2-21 to 4.2-22 and summarized in Chapter 2 (page 2-5) of the
DEIR, and supported by evidence contained within the entirety of the record of
proceedings, grading and construction activities on the Project site will create a
temporary potentially-significant Air Quality impact, which can be mitigated to a less-
than-significant level with the preparation, approval and implementation of a basic
measures to control dust and exhaust during construction (Attachment A: Mitigation
Measure MM AIR-1).
Finding
The City finds that implementation of MM AIR-1 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and
Title 14, California Code of Regulations Section 15091(a)(1), the City finds that changes
or alterations have been required herein, incorporated into the Project, or required as a
condition of Project approval, which mitigate or avoid the significant environmental
impact listed above. The City further finds that the change or al teration in the Project or
the requirement to impose the mitigation as a condition of Project approval is within the
jurisdiction of the City to require, and that this mitigation is appropriate and feasible .
Therefore, with the identified mitigation, this impact will be less than significant.
2) Cultural Resources
a. Impact CULT-1: The proposed project could cause a substantial adverse change in
the significance of archaeological deposits that qualify as historical resources, as
defined in CEQA Guidelines Section 15064.5. Archaeological deposits could be
unearthed or otherwise displaced during project ground disturbance below fill at
the project site.
Significant Impact
As summarized in Chapter 2 (pages 2-5 – 2-6) of the DEIR and supported by evidence
contained within the entirety of the record of proceedings, although construction of the
Project would have no impact on known archaeological resources, there is a possibility
that previously unidentified archaeological resources and subsurface deposits are present
within the project area, and Project construction could potentially disturb such resources
and subsurface deposits within the Project area. This potential Cultural Resources
impact can be mitigated to a less-than-significant level if archaeological resources are
found during construction, construction is halted and the project sponsor retains a
qualified archaeologist to assess the previously unrecorded discovery and provide
recommendations. (Attachment A: Mitigation Measure MM CULT-1).
Finding
The City finds that implementation of MM CULT-1 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
Exhibit 2b
Exhibit 2.b-22
feasible. Therefore, with the identified mitigation, this impact will be less than
significant.
b. Impact CULT-2: The proposed project could cause a substantial adverse change in
the significance of an archaeological resource, as defined in CEQA Guidelines
Section 15064.5. Archaeological resources could be unearthed or otherwise
displaced during project ground disturbance below fill underlying the project site.
Significant Impact
As summarized in Chapter 2 (page 2-6) of the DEIR and supported by evidence
contained within the entirety of the record of proceedings, there are no formal cemeteries
or known interred human remains within the Project area and no evidence of human
remains was identified within the Project area. However, the potential for their presence
cannot be entirely ruled out, since construction-related excavation could expose and
disturb or damage previously undiscovered human remains. This Cultural Resources
impact can be mitigated to a less-than-significant level if previously unknown human
remains are found during construction, construction is halted and the project sponsor
retains a qualified archaeologist to assess the previously unrecorded discovery and
providing immediate notification to the Marin County Coroner and the notification to the
NAHC if the remains are Native American. (Attachment A: Mitigation Measure MM
CULT-2).
Finding
The City finds that implementation of MM CULT-2 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact will be less than
significant.
3) Geology and Soils
a. Impact GEO-1: During its design life, the project would likely be subject to strong
ground shaking from a seismic event, seismic-related ground failure, and unstable
soils, creating the potential for a significant risk to structures and human lives.
Significant Impact
As discussed on page 4.5-13 and summarized in Chapter 2 (page 2-7) of the DEIR and
supported by evidence contained within the entirety of the record of proceed ings, the
project would likely be subject to strong ground shaking from a seismic event, seismic -
related ground failure, and unstable soils, creating the potential for a significant risk to
structures and human lives. This Geology and Soils impact can be mitigated to a less-
than-significant level if the project applicants implement all of the recommendations of
the design-level geotechnical investigation, including design criteria, plan review, and
construction period monitoring recommendations. Prior to the issuance of a grading
permit and building permit, the applicants shall demonstrate to the satisfaction of the
Exhibit 2b
Exhibit 2.b-23
City Engineer that the recommendations of the design-level geotechnical investigation
have been incorporated into the project grading plans and building plans. (Attachment A:
Mitigation Measure MM GEO-1).
Finding
The City finds that implementation of MM GEO-1 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriat e and
feasible. Therefore, with the identified mitigation, this impact will be less than
significant.
b. Impact GEO-2: Expansive, unstable, and/or corrosive soils at the project site could
result in structural damage to project facilities, creating the potential for a
significant risk to structures and human lives.
Significant Impact
As discussed on pages 4.5-14 and summarized in Chapter 2 (page 2-7) of the DEIR and
supported by evidence contained within the entirety of the record of proceedings,
Expansive, unstable, and/or corrosive soils at the project site could result in structural
damage to project facilities, creating the potential for a significant risk to structures and
human lives. This Geology and Soils impact can be mitigated to a less-than-significant
level if the project applicants implement all of the recommendations of the design -level
geotechnical investigation, including design criteria, plan review, and construction
period monitoring recommendations. Prior to the issuance of a grading permi t and
building permit, the applicants shall demonstrate to the satisfaction of the City Engineer
that the recommendations of the design-level geotechnical investigation have been
incorporated into the project grading plans and building plans. (Attachment A:
Mitigation Measure MM GEO-2).
Finding
The City finds that implementation of MM GEO-2 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact will be less than
significant.
c. Impact GEO-3: The project could result in damage to, or destruction of, an as-yet
unknown unique paleontological resource or site or unique geologic feature.
Significant Impact
Exhibit 2b
Exhibit 2.b-24
As discussed on pages 4.5-14 to 4.5-15 and summarized in Chapter 2 (pages 2-7 to 2-8)
of the DEIR and supported by evidence contained within the entirety of the record of
proceedings, the project could result in damage to, or destruction of, an as -yet unknown
unique paleontological resource or site or unique geologic feature. This Geology and
Soils impact can be mitigated to a less-than-significant level if, during construction,
paleontological resources are encountered during project subsurface construction
activities located in previously undisturbed soil and bedrock, all ground-disturbing
activities within 25 feet shall be halted and a qualified paleontologist contacted to assess
the situation, consult with agencies as appropriate, and make recommendations for the
treatment of the discovery. (Attachment A: Mitigation Measure MM GEO-3).
Finding
The City finds that implementation of MM GEO-3 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significa nt
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact will be less than
significant.
4) Hazards and Hazardous Materials
a. Impact HAZ-1: Future occupants of the project site could be exposed to hazardous
materials in indoor air from vapor intrusion during operation of the project.
Significant Impact
As discussed on page 4.7-20 and 4.7-21 and summarized in Chapter 2 (page 2-8) of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, the project could expose future occupants of the project site to hazardous
materials in indoor air from vapor intrusion during operation of the project. This Hazards
and Hazardous Materials impact can be mitigated to a less-than-significant level if, prior
to the approval of building permits, the applicants provide the City of San Rafael with a
letter from the Department of Toxic Substances Control (DTSC) indicating that the
project site has been appropriately remediated and appropriate engineering controls have
been incorporated into the project design, as necessary, to ensure that future occupants of
the project site would not be exposed to unacceptable health risks from hazardous
materials in the subsurface of the project site. The Covenant and Agreement to Restrict
Use of Property (Covenant) and Operation and Maintenance (O&M) Plan for the project
site shall be amended to account for post-remediation conditions of the project site and
ensure the engineering controls are operated and maintained such that c onditions at the
project site remain protective of human health and the environment. (Attachment A:
Mitigation Measure MM HAZ-1).
Finding
The City finds that implementation of MM HAZ-1 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
Exhibit 2b
Exhibit 2.b-25
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact will be less than
significant.
5) Hydrology and Water Quality
a. Impact HYDRO-1: Development of the proposed project could substantially
degrade surface and groundwater quality.
Significant Impact
As discussed on page 4.8-25 and 4.8-17 and summarized in Chapter 2 (page 2-9) of the
DEIR and supported by evidence contained within the entirety of the record of
proceedings, the development of the project could substantially degrade surface and
groundwater quality. This Hydrology and Water Quality impact can be mitigated to a
less-than-significant level if, prior to the approval of building permits, the applicants
shall provide the City of San Rafael with a letter from the Department of Toxic
Substances Control (DTSC) indicating that the infiltration proposed by the post -
construction stormwater management plans would not lead to the spread of existing
groundwater contamination or interference with the effectiveness of the groundwater
extraction and treatment system located adjacent to the south and southeast of the project
site. If DTSC indicates that restrictions to infiltration are necessary, then the post -
construction stormwater management plan shall be modified, as appropriate, to limit
infiltration. For example, the pervious pavements and bioretention facilities could be
underlain by a low permeability liner that would limit infiltration to the subsurface. Any
changes to the post-construction stormwater management plan must be approved by
DTSC and the City Engineer prior to approval of building permits for the project.
(Attachment A: Mitigation Measure MM HAZ-1).
Finding
The City finds that implementation of MM HAZ-1 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1) and
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, inc orporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact will be less than
significant.
Exhibit 2b
Exhibit 2.b-26
6) Noise - Temporary/Construction Related Noise
a. Impact NOISE-1: Heavy equipment used in project construction could generate
noise in excess of standards established in San Rafael General Plan 2020 or the
noise ordinance.
Significant Impact
As discussed on pages 4.10-15 to 4.10-19 and summarized in Chapter 2 (pages 2-10 to 2-
11) of the DEIR, and supported by evidence contained within the entirety of the record
of proceedings, construction noise related to grading and construction activities on the
site related to the Project will create a temporary, potentially-significant Noise impact by
exposing sensitive receptors and adjacent residences to construction noise that exceeds
limits allowed by the City’s Noise Ordinance. This Noise impact can be mitigated to a
less-than-significant level by requiring the applicant (BioMarin and Whistlestop) to use
of noise-reducing measures included in the specifications and that shall be described and
included inapplicable contract specifications: After the Whistlestop/Eden Housing
project is completed and housing residents, require that the construction contractor for
BioMarin Building A and BioMarin Building B not operate more than one piece of
noise-generating equipment (listed in Table 4.10-10) within 40 feet of the
Whistlestop/Eden Housing project. This would ensure that the 90 dBA Lmax is not
exceeded at the Whistlestop/Eden Housing project; the BioMarin and Whistlestop/Eden
Housing project applicants shall require use of noise -reducing measures that may include
the following and that shall be described and included in applicable contract
specifications: (Attachment A; Mitigation Measure MM NOISE-1a, 1b, 1c, and 1d).
Finding
The City finds that implementation of MM NOISE-1 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1), Title
14, and California Code of Regulations Section 15091(a)(1), the City finds that changes
or alterations have been required herein, incorporated into the Project, or required as a
condition of Project approval, which mitigate or avoid the significant environmental
impact listed above. The City further finds that the change or alteration in the Project or
the requirement to impose the mitigation as a condition of Project approval is within the
jurisdiction of the City to require, and that this mitigation is appropriate and feasible.
Therefore, with the identified mitigation, this impact would less than significant.
b. Impact NOISE-2: The project’s mechanical equipment could generate operational
noise in excess of standards established in San Rafael General Plan 2020 or the
noise ordinance.
Significant Impact
As discussed on pages 4.10-19 to 4.10-20 and summarized in Chapter 2 (pages 2-10 to 2-
11) of the DEIR, and supported by evidence contained within the entirety of the record
of proceedings, the project’s mechanical equipment could generate operational noise in
excess of standards established in San Rafael General Plan 2020 or the noise ordinance.
The operation of the new buildings would include the use of new mechanical heating,
ventilation, and air conditioning (HVAC) systems. Information regarding the noise-
generating characteristics and locations of the equipment was not available at the time
this analysis was conducted. Without standard controls in place, noise from mechanical
equipment could potentially exceed 60 dBA Lmax/50 dBA Leq during daytime or 50
Exhibit 2b
Exhibit 2.b-27
dBA Lmax/40 dBA Leq during nighttime at the nearest residential receptors and could
exceed 65 dBA Lmax/55 dBA Leq during both daytime and nighttime at the nearest
commercial land uses. The potential impact can be reduced to less than significant levels
shall use mechanical equipment selection and acoustical shielding to ensure that noise
levels from the installation of mechanical equipment do no t exceed the exterior noise
standards of 60 dBA Lmax/50 dBA Leq during daytime or 50 dBA Lmax/40 dBA Leq
during nighttime at the nearest residential land uses, and do not exceed the exterior noise
standards of 65 dBA Lmax/55 dBA Leq during both daytime and nighttime at the nearest
commercial land uses. (Attachment A; Mitigation Measure MM NOISE-2).
Finding
The City finds that implementation of MM NOISE-2 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1), Title
14, and California Code of Regulations Section 15091(a)(1), the City finds that changes
or alterations have been required herein, incorporated into the Project, or required as a
condition of Project approval, which mitigate or avoi d the significant environmental
impact listed above. The City further finds that the change or alteration in the Project or
the requirement to impose the mitigation as a condition of Project approval is within the
jurisdiction of the City to require, and that this mitigation is appropriate and feasible.
Therefore, with the identified mitigation, this impact would less than significant.
c. Impact NOISE-3: Project construction could expose persons to or generate
excessive groundborne vibration levels.
Significant Impact
As discussed on pages 4.10-20 to 4.10-22 and summarized in Chapter 2 (pages 2-10 to 2-
12) of the DEIR, and supported by evidence contained within the entirety of the record
of proceedings, Construction activities associated with the proposed project would result
in varying degrees of groundborne vibration, depending on the equipment, activity, and
soil conditions. Once constructed, the operation of the proposed project would not cause
any vibration or result in excessive vibration impacts because no vibration-generating
activities or land uses would occur on the project site. Implementation of the mitigation
measures would further reduce the potential vibration impacts by ensuring that any
affected sensitive receptors would have the ability to lodge complaints and that responses
to the complaints would be provided. Therefore, with the identified mitigation, this
impact will be less than significant. (Attachment A; Mitigation Measure MM NOISE-
1a, 1b, 1c, and 1d).
Finding
The City finds that implementation of MM NOISE-1 will reduce this impact to a level of
less than significant. As authorized by Public Resources. Code Section 21081(a)(1), Title
14, and California Code of Regulations Section 15091(a)(1), the City finds that changes
or alterations have been required herein, incorporated into the Project, or required as a
condition of Project approval, which mitigate or avoid the significant environmental
impact listed above. The City further finds that the change or alteration in the Project or
the requirement to impose the mitigation as a condition of Project approval is within the
jurisdiction of the City to require, and that this mitigation is appropriate and feasible.
Therefore, with the identified mitigation, this impact would less than significant.
Exhibit 2b
Exhibit 2.b-28
7. Transportation
a. Impact TRANS-1: The project would generate approximately 2,453 daily vehicle
trips, with 236 vehicle trips during the weekday AM peak hour and 236 vehicle
trips in the PM peak hour. Most of the vehicle trips would be generated by the
BioMarin project (1,863 daily, 203 AM peak hour, and 191 PM peak hour trips).
The project would increase single-occupancy vehicular travel and vehicular traffic
along key roadways and intersections, as well as US 101. Maintaining the existing
BioMarin travel mode shares would conflict with citywide policies and programs
established to manage congestion and improve mobility as documented in San
Rafael General Plan 2020.
Significant Impact
As discussed on pages 4.13-22 to 4.13-22 and summarized in Chapter 2 (pages 2-14 to 2-
15) of the DEIR, and supported by evidence contained within the entirety of the record
of proceedings, any successive owner or lessor of the site shall monitor, on an annual
basis, all traffic BioMarin, or any successive owner or lessor of the site, shall continue
and expand the implementation of a Transportation Demand Management (TDM)
program that focuses on reducing vehicle trips and improving traffic flow. BioMarin, or
any successive owner or lessor of the site, shall generate at least 15 percent fewer vehicle
trips on a daily, AM peak hour, and PM peak hour basis (i.e., 1,584 daily, 173 AM peak
hour, and 162 PM peak hour trips) as compared to those projected by the project
applicant. BioMarin and generated at the site, including single -occupant vehicles,
carpools, pedestrian and bicycle trips, and public transit use, to gauge success and
promote appropriate measures to retain vehicle trip rates at, or below, the current trip
rates. BioMarin, or any successive owner or lessor of the site, shall submit an annual
TDM monitoring report to the City of San Rafael for City review. This mitigation
measure shall continue in perpetuity for the project site until the 15 percent reduction is
identified for three consecutive years. This mitigation measure would reduce the impact
to less than significant. (Attachment A; Mitigation Measure MM TRANS-1).
Finding
The City finds that implementation of MM TRANS-1 will reduce this impact to a level
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
b. Impact TRANS-5: The project would add construction-related vehicle trips to City
of San Rafael and other jurisdictional roadways, creating temporary traffic
hazards. These conditions would conflict with San Rafael General Plan 2020
Program C-4a (Street Pattern and Traffic Flow).
Significant Impact
As discussed on pages 4.13-23 and summarized in Chapter 2 (page 2-13) of the DEIR,
Exhibit 2b
Exhibit 2.b-29
and supported by evidence contained within the entirety of the record of proceedings,
Project construction would generate trips by trucks and other construction-related
vehicles. During the construction period, construction would occur between 7:00 AM
and 6:00 PM, Mondays through Fridays, and between 9:00 AM and 6:00 PM on
Saturdays, and would be based on City of San Rafael restrictions. No construction would
be allowed on Sundays or holidays or outside the weekday and Saturday hours described
above, unless a request is made and approved by the Chief Building Official.
Implementation of mitigation measure for Project construction shall abide by the City of
San Rafael’s provisions regarding transportation and parking management during
construction activities. In addition, the project applicants shall develop a demolition
construction traffic management plan defining hours of operation, specified truck routes,
and construction parking provisions. This plan shall be prepared by the applicants and
approved prior to issuance of a building permit by the City of San Rafael Department of
Public Works. The project applicants shall ensure that any parking losses associated with
construction vehicles do not affect parking availability on downtown streets.
(Attachment A; Mitigation Measure MM TRANS-5).
Finding
The City finds that implementation of MM TRANS-5 will reduce this impact to a level
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
c. Impact TRANS-6: Construction traffic would be staged and would use the roadway
lanes adjacent to the site. This traffic would cause deterioration of pavement on 3rd
Street, Brooks Street, 2nd Street and Lindaro Street. These conditions would be
inconsistent with San Rafael General Plan 2020 Policy C-4 (Safe Road Design).
Significant Impact
As discussed on pages 4.13-23 to 4.13-24 and summarized in Chapter 2 (page 2-13) of
the DEIR, and supported by evidence contained within the entirety of the record of
proceedings, the project’s construction traffic would lead to further deterioration of
roadways near the project site, including along 3rd Street between Lindaro Street and
Brooks Street, Brooks Street between 3rd Street and 2nd Street, 2nd Street between
Brooks Street and Lindaro Street, and Lindaro Street between 2nd Street and 3rd Street.
Implementation of mitigation measures shall require the project applicants to improve
the pavement sections of the roadways peripheral to the project site to a condition
acceptable to the City Engineer. The applicants shall complete a “pre-construction”
study, followed by a “post-construction” survey to determine what road improvements
would be the responsibility of the applicants. These studies shall be submitted to the City
Engineer for approval. (Attachment A; Mitigation Measure MM TRANS-6).
Finding
The City finds that implementation of MM TRANS-6 will reduce this impact to a level
Exhibit 2b
Exhibit 2.b-30
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project appr oval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
d. Impact TRANS-7: Access to the project would be provided from six unsignalized
driveways. Motorist, pedestrian, and bicyclist sight lines to and from these
driveways would be constrained if parking is allowed next to the driveways or
landscaping blocks views. These conditions would be inconsistent with San Rafael
General Plan 2020 Policy C-4 (Safe Road Design).
Significant Impact
As discussed on pages 4.13-24 and summarized in Chapter 2 (page 2-13) of the DEIR,
and supported by evidence contained within the entirety of the record of proceedings, the
project applicants shall maintain landscaping at project driveways to avoid sight distance
conflicts. Shrubs shall not be higher than 30 inches and tree canopies shall be at least 7
feet from the ground. The City of San Rafael shall prohibit parking at least 20 feet in
advance and 20 feet behind each of the project’s six driveways. The implementation of
these two mitigation measures would reduce the impact to less than significant.
(Attachment A; Mitigation Measure MM TRANS-7a and 7b).
Finding
The City finds that implementation of MM TRANS-7 will reduce this impact to a level
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
e. Impact TRANS-8: The project would increase the number of pedestrians using
nearby sidewalks and curb ramps, including at the corners of the following
intersections peripheral to the project site where curb ramps are not Americans
with Disabilities Act (ADA)-compliant: 3rd Street and Lindaro Street, 3rd Street
and Brooks Street, 2nd Street and Brooks Street, and 2nd Street and Lindaro
Street. These conditions are inconsistent with San Rafael General Plan 2020
Program C-4b (Street Design Criteria to Support Alternative Modes) and Policy C-
11 (Alternative Transportation Mode Users).
Significant Impact
As discussed on pages 4.13-24 to 4.13-25 and summarized in Chapter 2 (page 2-14) of
Exhibit 2b
Exhibit 2.b-31
the DEIR, and supported by evidence contained within the entirety of the record of
proceedings, the curb ramps at the four intersections adjacent to the project site are not in
compliance with ADA design guidelines, presenting challenging travel conditions for
mobility-impaired persons. The project would increase the number of pedestrians using
nearby sidewalks and curb ramps, including the existing non-compliant ramps at the four
intersections peripheral to the project site. The project applicants shall fund the design
and construction of curb ramp improvements at all corners of the following intersections:
3rd Street and Lindaro Street, 3rd Street and Brooks Street, 2nd Street and Brooks Street,
and 2nd Street and Lindaro Street. The implementation of this mitigation measure would
reduce the impact to less than significant. (Attachment A; Mitigation Measure MM
TRANS-8).
Finding
The City finds that implementation of MM TRANS-8 will reduce this impact to a level
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
f. Impact TRANS-9: Currently a marked crosswalk, with curb ramps and pedestrian
signals, is not present on the west leg of the 3rd Street and Lindaro Street
intersection. The project would increase the number of pedestrians crossing 3rd
Street at this location. Pedestrians walking to or from the project site may be
inclined to cross the unmarked west leg instead of taking the more circuitous
marked route (i.e., crosswalks across the intersection’s south leg and east leg, as
well as across the Walgreens driveway on the north leg). By increasing the number
of pedestrians at this location, the project would worsen hazards by creating
greater potential for conflicts between pedestrians and vehicles. These conditions
would be inconsistent with San Rafael General Plan 2020 Program C-4b (Street
Design Criteria to Support Alternative Modes) and Policy C-11 (Alternative
Transportation Mode Users).
Significant Impact
As discussed on pages 4.13-24 to 4.13-25 and summarized in Chapter 2 (page 2-14) of
the DEIR, and supported by evidence contained within the entirety of the record of
proceedings, the provision of a marked crosswalk on the west leg of the intersection
would create a more direct connection to downtown for pedestrians walking to or from
the project site. The intersection’s level of service would not degrade with the provision
of the crosswalk. Peak hour vehicular speeds along 3rd Street would remain the same
with or without the western crosswalk. The project applicants shall fund the design and
construction of improvements related to the provision of a crosswalk across the western
leg of the 3rd Street and Lindaro Street intersection. These improvements shall include,
but not be limited to, curb and roadway infrastructure work, as well as traffic and
pedestrian signal modifications. They may include revisions to or removal of the
Exhibit 2b
Exhibit 2.b-32
driveway on the north side of the intersection. The design of these improvements would
be approved by the City Engineer. (Attachment A; Mitigation Measure MM TRANS-9).
Finding
The City finds that implementation of MM TRANS-9 will reduce this impact to a level
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropr iate and
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
g. Impact TRANS-10: Currently, pedestrian crossings of 3rd Street at Brooks Street
are prohibited. The closest signalized crossing is located at A Street, which is about
240 feet to the west. The Whistlestop/Eden Housing project is expected to increase
pedestrian crossing demands across 3rd Street at Brooks Street, as this route would
offer the most direct path to and from downtown from the project site. Pot ential
conflicts could arise as pedestrians use this unmarked location to cross 3rd Street’s
three westbound vehicular travel lanes. These conditions would be inconsistent with
San Rafael General Plan 2020 Program C-4b (Street Design Criteria to Support
Alternative Modes) and Policy C-11 (Alternative Transportation Mode Users).
Significant Impact
As discussed on pages 4.13-25 and summarized in Chapter 2 (page 2-14) of the DEIR,
and supported by evidence contained within the entirety of the record of procee dings, the
Transportation Impact Study concluded that, considering current illegal pedestrian
crossings, project-related demand, and a shift of some of the pedestrians who currently
cross at A Street, the warrant for the installation of a Pedestrian Hybrid Beacon across
the east leg of 3rd Street and Brooks Street would be met during the weekday PM peak
hour. The Pedestrian Hybrid Beacon would operate at LOS A. The project applicants
shall fund the design and construction of improvements related to the provision of a
Pedestrian Hybrid Beacon, or other pedestrian crossing enhancements as deemed
appropriate by the City of San Rafael Department of Public Works, at the 3rd Street and
Brooks Street intersection. These improvements could include, but not be limited to, curb
and roadway infrastructure work, as well as traffic and pedestrian signal modifications.
(Attachment A; Mitigation Measure MM TRANS-10).
Finding
The City finds that implementation of MM TRANS-10 will reduce this impact to a level
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
Exhibit 2b
Exhibit 2.b-33
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
h. Impact TRANS-11: Vehicles turning left from southbound Brooks Street to
eastbound 2nd Street currently have limited visibility to eastbound vehicles at this
side-street stop signcontrolled intersection due to the siting of the building at the
northwest corner of the intersection. Southbound vehicles must proceed into the
crosswalk on the north leg of the intersection, blocking pedestrian crossings, to
increase the motorist’s view of oncoming eastbound traffic. This condition would be
exacerbated by the addition of project-related traffic, resulting in an increased
potential for vehicle-vehicle and vehicle-pedestrian conflicts. This condition would
be inconsistent with San Rafael General Plan 2020 Policy C-4 (Safe Roadway
Design).
Significant Impact
As discussed on pages 4.13-26 and summarized in Chapter 2 (page 2-15) of the DEIR,
and supported by evidence contained within the entirety of the record of proceedings, by
prohibiting egress from southbound Brooks Street onto 2nd Street, the limited visibility
condition for vehicles turning left from southbound Brooks Street to e astbound 2nd
Street would be eliminated. Some traffic would have to make additional turns, but
overall impacts on adjacent intersections would be minor, with no level of service
violations and with some improvements due to one-way flows. Travel speeds on 2nd
Street would be negligibly affected. Vehicle travel on Brooks Street at 2nd Street shall
be limited to one-way northbound/outbound only. Brooks Street at 3rd Street shall allow
both inbound and outbound traffic to the driveway just south of the Whistles top/Eden
Housing project. The project applicants shall modify the project, as needed, to enable
sufficient sight distance between westbound motorists on 3rd Street and northbound
motorists, stopped behind a future marked crosswalk, on Brooks Street. Modifi cations
may include, but not be limited to, building design changes, roadway curb extensions, or
revisions to proposed hardscaping and/or landscaping. Any changes shall be approved by
the City of San Rafael Department of Public Works. (Attachment A; Mitigation Measure
MM TRANS-11).
Finding
The City finds that implementation of MM TRANS-11 will reduce this impact to a level
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
i. Impact TRANS-12: The two proposed exit driveways to Brooks Street, one from
the Whistlestop/Eden Housing project and the other from the BioMarin project
access road, would provide limited sight lines to Brooks Street. This condition could
lead to increased conflicts between egressing vehicles and other travelers on Brooks
Exhibit 2b
Exhibit 2.b-34
Street, including vehicles, pedestrians, and bicyclists. This condition would be
inconsistent with San Rafael General Plan 2020 Policy C-4 (Safe Roadway Design).
Significant Impact
As discussed on pages 4.13-26 and summarized in Chapter 2 (page 2-15) of the DEIR,
and supported by evidence contained within the entirety of the record of proceedings,
both egressing driveways would have limited sight lines due to the proposed buildings.
The project applicants shall install systems that provide vehicle-activated audible and
visual warnings for vehicles egressing the driveways on Brooks Street. (Attachment A;
Mitigation Measure MM TRANS-12).
Finding
The City finds that implementation of MM TRANS-12 will reduce this impact to a level
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
j. Impact TRANS-13: Emergency vehicles would have access to the project site via the
Lindaro Street driveways, the 3rd Street driveway, and the southernmost Brooks
Street driveway. The project applicants propose to install sliding gates across the
3rd Street and southernmost Brooks Street driveways. The gates could affect
emergency vehicle access if emergency services personnel could not open the gates.
These conditions would be inconsistent with San Rafael General Plan 2020
Program C-4a (Street Pattern and Traffic Flow).
Significant Impact
As discussed on pages 4.13-26 and 4.13-27 and summarized in Chapter 2 (pages 2-15) of
the DEIR and supported by evidence contained within the entirety of the record of
proceedings, the sliding gates across the 3rd Street and southernmost Brooks Street
driveways would need to be accessible by emergency service providers. The sliding gates
at the 3rd Street driveway and the southern Brooks Street driveway shall be approved by
the City of San Rafael Fire and Police Departments and shall enable access by
emergency service providers. (Attachment A; Mitigation Measure MM TRANS-13).
Finding
The City finds that implementation of MM TRANS-13 will reduce this impact to a level
of less than significant. As authorized by Public Resources. Code Section 21081(a)(1),
Title 14, and California Code of Regulations Section 15091(a)(1), the City finds that
changes or alterations have been required herein, incorporated into the Project, or
required as a condition of Project approval, which mitigate or avoid the significant
environmental impact listed above. The City further finds that the change or alteration in
the Project or the requirement to impose the mitigation as a condition of Project approval
is within the jurisdiction of the City to require, and that this mitigation is appropriate and
Exhibit 2b
Exhibit 2.b-35
feasible. Therefore, with the identified mitigation, this impact would less than
significant.
D. SIGNIFICANT IMPACTS THAT CANNOT BE FULLY MITIGATED TO A LEVEL OF
LESS THAN SIGNIFICANT
As authorized by Public Resources Code Section 21081(a)(1) and CEQA Guidelines Sections
15091 and 15092, the FEIR is required to identify the significant impacts that cannot be reduced
to a less-than-significant level through the incorporation of mitigation measures. The FEIR
concluded that although specific mitigation measures have been identified for the following
Project Transportation and Circulation impacts, the impacts would nonetheless be considered
significant and unavoidable, since the roadway intersections at issue are outside of the City’s
jurisdiction and require authorization and permits by other agencies. Although the Commission
is recommending adoption of the identified mitigation measures as part of Project approval, since
the City cannot legally implement mitigation measures outside of its jurisdiction, despite the
incorporation of Mitigation Measures outlined in the EIR and in this Resolution, should the City
wish to approve the Project notwithstanding these significant and unavoidable impacts, the City
must adopt a statement of overriding considerations included herein:
1) Land Use & Planning
a. Impact LAND-1: The project could result in a conflict with San Rafael General
Plan 2020 Policy LU-2, which specifies that new development should only occur
when adequate traffic conditions and circulation improvements are available. Refer
to Impacts TRANS-2, TRAN-3, and TRANS-4 (see Section 4.13, Transportation, of
this DEIR). As shown for these three potential impacts, no mitigation measure
would be available to reduce these impacts to less-than-significant levels. Thus, this
potential impact would remain significant and unavoidable. (PS)
Significant Impact.
As discussed in Section 4.13, Transportation, the project would add a significant number
of daily vehicle trips to this area of San Rafael, and levels of service at nearby
intersections would be degraded. At the projected traffic levels, no mitigation measures
would be able to reduce impacts to less-than-significant levels. The project would have
to be significantly reduced in scale to reduce the number of projected trips, and this
reduction would possibly conflict with the City’s desire to increase downtown
development for the purposes of infill development and economic development. Thus,
such a reduction in scale was not considered feasible for the project, and the impact
remains significant and unavoidable.
Facts in Support of Finding: As discussed on pages 4.9-9 of the DEIR and supported by
evidence contained within the entirety of the record of proceedings, the Project is
currently within the 2/3 MUE land use designation per the San Rafael General Plan
2020. The project could result in a conflict with San Rafael General Plan 2020 Policy
LU-2, which specifies that new development should only occur when adequate traffic
conditions and circulation improvements are available. Refer to Impacts TRANS -2,
TRAN-3, and TRANS-4 (see Section 4.13, Transportation, of the DEIR). As shown for
these three potential impacts, no mitigation measure would be available to reduce these
impacts to less-than-significant levels. Thus, this potential impact would remain
significant and unavoidable
Exhibit 2b
Exhibit 2.b-36
2) Transportation
a. Impact TRANS-2: Project-related traffic, under Cumulative-plus-Project conditions,
would contribute to continued LOS F conditions at the US 101 southbound off -ramp to
Mission Avenue, increasing the volume-to-capacity (V/C) ratio of the off -ramp by 0.033
during the AM peak hour. Traffic operations and safety at the highway ramp diverge
and along the offramp would worsen. This condition would conflict with standards
provided in the Marin County Congestion Management Plan.
Significant Impact.
The number of employees at the BioMarin site would need to be reduced by 80 percent (from
550 employees to 112 employees) compared to the proposed use to alleviate this impact. A
more aggressive TDM program (see Mitigation Measure TRANS-1) than is currently
undertaken at BioMarin could help reduce traffic volumes and this impact, but not to an
acceptable level. Provision of a second off-ramp lane and southbound auxiliary lane on US
101 would be impractical.
Project-related traffic would contribute to continued LOS E (under Baseline-Plus-Project)
and LOS F (under Cumulative-Plus-Project) conditions along westbound 3rd Street between
Hetherton Street and D Street during the AM peak hour, with an increase in the arterial
roadway segment’s volume-to-capacity (V/C) ratio of 0.067. This impact would result in a
reduction in travel speeds that conflict with the Marin County Congestion Management Plan
and San Rafael General Plan 2020 Policy C-5 (Traffic Level of Service Standards).
Finding
As discussed in Chapter 4.13 (pages 4.13-22) of the DEIR and supported by evidence
contained within the entirety of the record of proceedings, there is no feasible mitigation
measures available to reduce this significant and unavoidable Transportation impact to a
less-than-significant level that can be implemented/authorized by the City of San Rafael.
b. Impact TRANS-3: Project-related traffic would contribute to continued LOS E (under
Baseline-Plus-Project) and LOS F (under Cumulative-Plus-Project) conditions along
westbound 3rd Street between Hetherton Street and D Street during the AM peak
hour, with an increase in the arterial roadway segment’s volume-to-capacity (V/C)
ratio of 0.067. This impact would result in a reduction in travel speeds that conflict
with the Marin County Congestion Management Plan and San Rafael General Plan
2020 Policy C-5 (Traffic Level of Service Standards).
Significant Impact.
The project would increase traffic along 3rd Street between Hetherton Street and D Street,
exacerbating vehicular delays and reducing travel speeds along this key arterial roadway
segment. The number of employees at the BioMarin site would need to be reduced by 28.5
percent (from 550 employees to 393 employees) compared to the proposed use to alleviate
this impact. A more aggressive TDM program (see Mitigation Measure TRANS-1) than is
currently undertaken at BioMarin could help reduce traffic volumes and this impact, but not
to an acceptable level. Widening 3rd Street to provide an additional travel lane would be
impractical due to public right-of-way limitations.
Exhibit 2b
Exhibit 2.b-37
Finding
As discussed in Chapter 4.13 (pages 4.13-22) of the DEIR and supported by evidence
contained within the entirety of the record of proceedings, there is no feasible mitigation
measures available to reduce this significant and unavoidable Transportation impact to a
less-than-significant level that can be implemented/authorized by the City of San Rafael.
c. Impact TRANS-4: Under Cumulative-Plus-Project conditions, project-related traffic
would worsen the service level at the 3rd Street and Tamalpais Avenue West
intersection from LOS E to LOS F during the AM peak hour, with average delays
increasing from 65.6 seconds to 96.7 seconds per motorist. During the PM peak hour,
the intersection’s service level would remain at LOS F with project -related traffic, but
the project would increase average delays from 86.4 to 94.0 seconds per motorist. This
impact would create conflicts with San Rafael General Plan 2020 Policy C-5 (Traffic
Level of Service Standards).
Significant Impact.
Under Cumulative-Plus-Project conditions, the project would result in added traffic back-ups
along westbound 3rd Street at Tamalpais Avenue West. Implementing more aggressive TDM
measures (see Mitigation Measure TRANS-1) could assist in reducing the increased traffic
demand, but the impact would still be significant. Widening 3r d Street to provide an
additional travel lane would be impractical due to public right-of-way limitations. The
number of employees at the BioMarin site would need to be reduced by 58.3 percent (from
550 employees to 229 employees) compared to the proposed use to alleviate this impact.
Finding
As discussed in Chapter 4.13 (pages 4.13-22 to 4.13-23) of the DEIR, and supported by
evidence contained within the entirety of the record of proceedings, there is no feasible
mitigation measures available to reduce this significant and unavoidable Transportation
impact to a less-than-significant level that can be implemented/authorized by the City of San
Rafael.
E. IMPACT OVERVIEW
1) Significant Irreversible Environmental Changes
Pursuant to CEQA Guidelines Section 21100(b)(2)(B), an EIR shall include a discussion of
significant irreversible environmental changes that would result from implementation of a
project.
CEQA Guidelines Section 15126.2(c) describes irreversible environmental changes in the
following manner: “Uses of nonrenewable resources during the initial and continued phases
of the Project may be irreversible since a large commitment of such resources makes removal
or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as
highway improvement which provides access to a previously inaccessible area) generally
commit future generations to similar uses. Also, irreversible damage can result from
environmental accidents associated with the Project. Irretrievable commitments of resources
should be evaluated to assure that such current consumption is justified.”
As discussed in Chapter 6.1 (page 6-1) of the DEIR, and supported by evidence contained
within the entirety of the record of proceedings, construction activities associated with the
proposed structures at the site of the BioMarin and Whistlestop/Eden Housing Project would
Exhibit 2b
Exhibit 2.b-38
be permanent buildings; therefore, their installation would constitute an irreversible use of
these lands, as it is unlikely that the buildings would be removed. The proposed project
would irretrievably commit materials to the construction and maintenance of the new
buildings. Nonrenewable resources such as sand, gravel, and steel, and renewable resources
such as lumber, would be consumed during project construction. In addition, the construction
and operation of the proposed project would result in the use of energy, including electricity
and fossil fuels. While the consumption of such resources associated with construction
would end upon completion of the proposed construction, the consumption of such resources
associated with operation would represent a long-term commitment of those resources.
Based on the preceding and on the entirety of the record of proceedings, the Planning
Commission consequently finds that no significant irreversible effects will result from
implementation of the Project.
2) Growth Inducement
Pursuant to CEQA Guidelines Section 15126.2(d), a project is considered growth -inducing if
it would directly or indirectly foster economic or population growth, or the construction of
additional housing, either directly or indirectly, in the surrounding environment. Examples of
projects likely to have significant growth-indicting impacts include extensions of expansions
of infrastructure systems beyond what is needed to serve project-specific demand, and
development of new residential subdivisions or industrial parks in areas that are currently
only sparsely developer or are undeveloped. Typically, redevelopment projects on infill sites
that are surrounded by existing urban uses are not considered growth-inducing because
redevelopment by itself usually does not facilitate development intensification on adjacent
sites.
As discussed in Chapter 6.3 (page 6-2) of the DEIR and supported by evidence contained
within the entirety of the record of proceedings, t he Project would be developed on an
existing disturbed but vacant site in downtown San Rafael. Services are readily available in
this area. The project site is surrounded by existing commercial and residential development.
The proposed project would not require wastewater or water lines that would cross
undeveloped lands and create the potential for new development. No major road
improvements would be associated with the proposed project except that, over the long term,
some local improvements to vehicular, pedestrian, and bicycle circulation may occur. The
significant amount of proposed on-site commercial development, with 207,000 square feet of
laboratory and office space for BioMarin and 18,000 square feet of health services-related
facilities for Whistlestop/Eden Housing, could result in an increased demand for housing
within San Rafael. According to the Marin County Community Development Agency, the
rental vacancy rate in Marin County is currentl y below 3 percent, when a “healthy” rate is
closer to 6 or 7 percent (City of San Rafael, 2019). Thus, the demand for a limited number of
housing units tends to drive up prices for local housing. According to the most recent San
Rafael General Plan Housing Element, more than 87 percent of those employed in San
Rafael reside in other cities, implying an imbalance of jobs and housing (City of San Rafael,
2019). This imbalance leads to increased commuting demands and associated traffic, air
quality, and noise impacts. Recently, the City of San Rafael approved a project at 703-723
3rd Street that will add 120 residential units within three blocks of the project site. This
residential development would help to offset the increased non -residential development of
the proposed project. However, there could remain a need for more housing for project
employees. In this sense, the project would have growth-inducing impacts related to the need
for more local housing.
Exhibit 2b
Exhibit 2.b-39
Based on the preceding and on the entirety of the rec ord of proceedings, the Planning
Commission consequently finds that no significant growth-inducing effects will result from
implementation of the Project.
F. REVIEW OF PROJECT ALTERNATIVES
The CEQA Guidelines indicate that an EIR must “describe a range o f reasonable alternatives to
the project, or to the location of the project, which could feasibly attain most of the basic
objectives of the project but would avoid or substantially lessen any of the significant effects of
the project and evaluate the comparative merits of the alternatives.” (Guidelines§ 15126.6[a].)
The Project Alternatives selected for this EIR were formulated considering the Objectives of the
City of San Rafael and BioMarin/Whistlestop/Eden Housing’s Objectives stated in Chapter 3
(pages 3.9 to 3.10) and outlined in Chapter 5 of the DEIR (pages 5-1 - 5-28). Alternatives
provide a basis of comparison to the Project in terms of beneficial, significant, and unavoidable
impacts. This comparative analysis is then used to consider reasonable, feasible options for
minimizing environmental consequences of a project.
The Project Alternatives analyzed in the following sections include:
• No Project/No Medical Office Uses
• Reduced Scale Alternative
• Code-Compliant BioMarin and Off-Site Whistlestop/Eden Housing Project Alternative
• Code-Compliant BioMarin and Whistlestop/Eden Housing Project Alternative
1. Alternative 1: No project: (as required by CEQA). Alternative 1, the No Project
Alternative, would leave the project site unchanged. No drainage, access, parking, or other
improvements would be made to the vacant site, which was once occupied by PG&E
facilities. The No Project Alternative would leave this central San Rafael location
unimproved.
The No Project Alternative would not meet any of the objectives of the proposed project.
Finding
The Planning Commission (1) recommends rejection of this No Project Alternative on the
basis that it fails to meet basic project objectives and is infeasible for social and policy
reasons; and (2) finds that each and any of these grounds separately and independently
provide sufficient justification for rejection of this Alternative.
Facts in Support of Finding
The No Project Alternative fails to meet any of the Project objectives, specifically:
• This Alternative would not improve the site, which would remain as undeveloped.
• No new infrastructure or traffic improvements would be included in this Alternative.
• This Alternative would not allow Whistlestop/Eden Housing to develop 67 units of
much needed senior affordable housing.
• The No Project Alternative is also infeasible for policy reasons, as it fails to comply
with the intent of the City’s General Plan 2020, which promotes economic vitality
(Policy EV-2 Seek, Retain, and Promote Businesses that Enhance San Rafael) and an
overarching vision for the Downtown Area (NH-55. Design Excellence).
Exhibit 2b
Exhibit 2.b-40
• From a policy and social perspective, without development of the proposed Project,
redevelopment of the Project site would likely be postponed indefinitely, new
laboratory and office facilities would not be created on-site, and BioMarin would be
required to find an alternate location(s) for the Project. In addition, Whistlestop /
Eden Housing would not be able to build the Healthy Aging Campus as a result of
this No Project Alternative, and, therefore would continue to experience the same
operational loads and space challenges with regard to future modernization.
2. Alternative 2: Reduced Scale Alternative: Alternative 2 would consist of a project that is
similar to the proposed project but reduces the amount of overall proposed laboratory and
office space of the BioMarin project, thereby reducing the anticipated peak hour traffic trips
and other impacts. This alternative would reduce the overall number of employees at
BioMarin from 550 to 229 employees, or by 58.3 percent. This reduction in employees could
result in the project’s significant, unavoidable traffic impacts at the following locations
becoming less-than-significant impacts:
• 3rd St/Tamalpais Ave West intersection (cumulative-plus-project condition
during AM and PM peak hour).
• 3rd St between Hetherton St and D St (westbound during AM peak hour).
This alternative assumes the total square footage for the two BioMarin buildings under
Alternative 2 would be 120,240 square feet, compared to the 207,000 sq. ft. under the
proposed project. The office portion would be reduced by a slightly larger amount than the
laboratory and retail space. The alternative would include two stories for Building A
(reduced to 52,340 sq. ft.) as compared to the proposed project’s four stories for Building A.
Building B (67,900 sq. ft.) would be three stories with the top floor set back and with
reduced square footage (as compared to the project’s four stories for Building B). Otherwise,
the site plan for the overall project would be similar to that of the proposed project.
Impacts
Alternative 2 would meet all of the project objectives except the primary objective.
Compared to the proposed project, the size of Alternative 2 would be significant ly reduced,
which would not meet the identified laboratory and office space needs for BioMarin.
Whistlestop/Eden housing would be unchanged from the proposed project; thus, the portion
of this objective addressing the Healthy Aging Center and affordable se nior housing would
be met. However, if the BioMarin part of Alternative 2 were not developed because the
project’s primary objective could not be met, the Whistlestop/Eden Housing component of
the project would also not occur.
Finding
The Planning Commission (1) recommends rejection of this alternative on the basis that it
fails to meet basic project objectives, is infeasible for social and policy reasons; and (2) finds
that each and any of these grounds separately and independently provide sufficient
justification for rejection of this Alternative.
Facts in Support of Finding
• This Alternative achieves some, but not all, of the Project objectives, including
failing to achieve the primary Project objective for the required laboratory/office
space for BioMarin.
Exhibit 2b
Exhibit 2.b-41
• In order to address the remaining 60% of laboratory/office space removed from this
Alternative, BioMarin would be required to find alternative locations that may not be
as centrally located or have ease of access or available parking.
• General site improvements included as part of the Project would be included in this
Alternative.
• BioMarin would continue to require additional laboratory/office space throughout
San Rafael and Marin County and, therefore, would continue to experience the same
space shortfall with regard to company needs.
• BioMarin would not feasibly be able to build this Alternative, and would therefore
not donate the site the Whistlestop/Eden Housing. No Healthy Aging Campus would
be developed as a result of this Alternative.
From a social and policy perspective, BioMarin would continue to have a space shortage and
would therefore continue to investigate other areas in San Rafael and Marin County and no
Healthy Aging Campus would be developed. Both BioMarin and Whistlestop / Eden
Housing would not be able to develop the Project in downtown San Rafael.
3. Alternative 3: Code-Compliant BioMarin and Off-Site Whistlestop/Eden Housing
project: This alternative would assume a reduced height BioMarin project that would not
require General Plan amendments for FAR, height bonuses, or parking modifications;
BioMarin Project under Alternative 3
Alternative 3 would reduce the building height of the BioMarin project to 54 ft. to comply
with existing General Plan provisions and zoning for the site, with no bonus exemptions and
no rezoning to Planned Development for the BioMarin portion of the site. The FAR would be
increased from the proposed 0.90 to 1.50, as allowed by existing General Plan provisions and
zoning, allowing a total of 199,649 sq. ft. for BioMarin on the site. The FAR limit would not
consider combining the site with other nearby BioMarin facilities (as addressed in Table 3 -3
of Chapter 3 of the DEIR). This Alternative assumes a total of 220 parking spaces would be
required to be provided on the site. This would be in addition to public parking that is
assumed to allow the height bonus.
Whistlestop/Eden Housing Project under Alternative 3
This alternative assumes that the Whistlestop/Eden Housing project would be located off the
project site at 930 Tamalpais Avenue, where Whistlestop is currently located. It is assumed
that 41 units of affordable senior housing (one of these would be a manager’s unit) would be
provided in a five-story building similar to the design proposed in 2016. This project
assumes residential units on the third through fifth floors and the Whistlestop Active Aging
Center, with classrooms, offices, and meeting rooms on the second and third floors. The
ground level would contain parking and utility uses, along with the Jackson Café. Access to
transit would be available via (1) van service (Marin’s Whistlestop Wheels Para Transit)
with access at the ground-level garage, (2) buses at the adjacent San Rafael Transit Center,
and (3) regional rail at the SMART station located at the east edge of the site. A total of 20
parking spaces would be provided in a street level garage for use by Whistlestop employees
and guests.
Impacts
Alternative 3 would meet all of the project objectives except four objectives (1, 2, 3, an d 12).
Alternative 3 would have reduced square footage for the BioMarin buildings and would not
Exhibit 2b
Exhibit 2.b-42
meet BioMarin’s needs for R&D and laboratory infrastructure. The relocation of the
Whistlestop/Eden Housing project to its Tamalpais Avenue site would conflict with the
second objective above. This alternative would also have fewer senior housing units and thus
would conflict with the goal of providing 67 affordable rental housing units for seniors.
Finding
The Planning Commission (1) recommends rejection of this alternative on the basis that it
fails to meet basic project objectives, is infeasible for social and policy reasons; and (2) finds
that each and any of these grounds separately and independently provide sufficient
justification for rejection of this Alternative.
Facts in Support of Finding
• This Alternative achieves some, but not all, of the Project objectives, including
failing to achieve the primary Project objective for the required laboratory/office
space for BioMarin.
• In order to address the remaining 10% of laboratory/office space removed from this
Alternative, BioMarin would be required to find alternative locations that may not be
as centrally located or have ease of access or available parking.
• Whistlestop/Eden Housing would not be able to develop the Healthy Aging Campus
and would not develop 67 units of senior affordable housing.
• BioMarin would continue to require additional laboratory/office space throughout
San Rafael and Marin County and, therefore, would continue to experience the same
space challenges with regard to future expansion and space needs at the main SRCC
campus.
From a social and policy perspective, BioMarin would continue to have a space shortage and
would therefore continue to investigate other areas in San Rafael and M arin County.
Whistlestop / Eden Housing would be required to develop a problematic project at the
original location with fewer units.
4. Alternative 4: Code-Compliant BioMarin and Whistlestop/Eden Housing project:
Under Alternative 4, the FAR would be increased from the proposed 0.90 to 1.50, allowing a
total of 199,649 square feet for both BioMarin (181,649 sq. ft.) and the non-residential
portion of Whistlestop/Eden Housing (18,000 sq. ft.). The Whistlestop/Eden Housing project
would occupy 0.34 acre of the project site under this alternative and is assumed to be
approximately the same as the proposed project in scale and height, given that the height
bonuses allowed by the provision of affordable housing. It is assumed that the BioMarin
portion of the site would consist of two buildings similar in scale to proposed Building B, or
about 235 ft. long by 108 ft. wide (or 23,380 sq. ft.). With 181,649 sq. ft. for BioMarin, both
Buildings A and B would be four stories in height. This alternative may have reduced square
footage for laboratory space.
Unlike Alternative 3, Alternative 4 is not assumed to have public parking on the site. The
project site is located within the Downtown Parking District which waives parking
requirements for the first 1.0 of FAR. With this alternative having an FAR of 1.50, parking
required for BioMarin would be approximately 210 parking spaces. It is assumed that an
eight-story parking structure of about 150 ft. by 170 ft. could be constructed on the corner of
2nd St. and Lindaro St.. The parking structure height results from the fact that only 35 cars
can be provided on each floor, given circulation requirements. Assuming 10 feet per floor,
Exhibit 2b
Exhibit 2.b-43
this parking structure would be about 60 ft. in height, or about the same size as the propose d
BioMarin building height for the proposed project.
Alternative 4 would meet all of the project objectives as listed at the beginning of this
chapter except the provision of the same square footage for laboratory space and the
following objective “Use of larger parking structures on the perimeter of the BioMarin
campus to keep the visible bulk away from major views and to reduce car trips along 2nd
and 3rd Streets, while creating an environment more easily navigated by employees and
visitors.”
Impacts
Alternative 4 would meet most of the project objectives as listed at the beginning of this
chapter except two main objectives (1 and 12). Alternative 4 would have reduced square
footage for the BioMarin buildings and would not meet BioMarin’s needs for R&D and
laboratory infrastructure and would require a large parking structure constructed on site.
Significant and Unavoidable Impacts to Land Use and Planning and Transportation would
continue to exist under this Alternative
Finding
The Planning Commission (1) recommends rejection of this alternative on the basis that it
fails to meet basic project objectives, is infeasible for social and policy reasons; and (2) finds
that each and any of these grounds separately and independently provide sufficient
justification for rejection of this Alternative.
Facts in Support of Finding
• This Alternative achieves some, but not all, of the Project objectives, including failing to
achieve the primary Project objective for the required laboratory/office space for
BioMarin.
• In order to address the remaining 30% of laboratory/office space removed from this
Alternative, BioMarin would be required to find alternative locations that may not be as
centrally located or have ease of access or available parking.
• BioMarin would continue to require additional laboratory/office space throughout San
Rafael and Marin County and, therefore, would continue to experience the same space
challenges with regard to future expansion and space needs at the main SRCC campus.
• Significant and Unavoidable Impacts to Land Use and Planning and Transportation
would occur under this Alternative
From a social and policy perspective, BioMarin would continue to have a space shortage and
would therefore continue to investigate other areas in San Rafael and Marin County.
Whistlestop / Eden Housing would be required to develop a problematic project at the
original location with fewer units.
Environmental Superior Alternative
Consistent with CEQA Guidelines Section 15126.6(e), an environmentally superior
alternative must be identified among the alternatives that were studie d. The DEIR concludes
(Chapter 5; page 5-26) that the Environmentally Superior Alternative is the Alternative 2:
Reduced Scale project for the following reasons:
Exhibit 2b
Exhibit 2.b-44
• The smaller scale BioMarin Buildings A and B would reduce some of the local traffic
congestion.
• The reduction in building height for Buildings A and B would also result in slightly
reduced visual impacts for the project when viewed along 2nd Street and 3rd Street.
• Alternative 2 would retain the Whistlestop/Eden Housing project on the project site,
which is a preferred site compared to its existing location at 930 Tamalpais Avenue.
• Alternative 2 would meet all of the project objectives as listed at the beginning of this
chapter except the following primary objective:
o Development of an underutilized vacant site in close proximity to BioMarin’s
existing San Rafael headquarters to accommodate BioMarin’s planned expansion
of its campus through the addition of a new laboratory and office space flexible
in design and built in a manner that can accommodate the necessary square
footage and building heights to support the R&D and laboratory infrastructure
requirements needed for BioMarin’s planned expansion, while also
accommodating the needs of Whistlestop/Eden Housing and its use of a portion
of the project site for its Healthy Aging Center and affordable senior housing.
• Compared to the proposed project, the size of Alternative 2 would be significantly
reduced, which would not meet the identified laboratory and office space needs for
BioMarin. Whistlestop/Eden Housing would be unchanged from the proposed project;
thus, the portion of this objective addressing the Healthy Aging Center and affordable
senior housing would be met. This alternative would not meet one of the primary
objectives of BioMarin However, if the BioMarin part of Alternative 2 were not
developed because the project’s primary objective could not be met, the
Whistlestop/Eden Housing project would also not occur.
BE IT FURTHER RESOLVED, that the Planning Commission recommends to the City
Council approval of an exception to the City-adopted level of service traffic standards set forth in San
Rafael General Plan 2020 Circulation Element Policy C-5 (Traffic Level of Service Standards) per
Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c (Exception Review)
based on the statement of overriding considerations identified below;
b) adoption of the following findings of Statement of Overriding Cons iderations with the
recommendation that the proposed public benefits of this project outweigh it’s impascts; and c) approval
of the MMRP presented in attached Attachment A , finding that the MMRP has been prepared in
accordance with the CEQA Guidelines:
G. STATEMENT OF OVERRIDING CONSIDERATIONS
Although the Environmental Superior Alternative would reduce a majority of the significant and
unavoidable impacts to less than significant levels, it would not achieve the primary objective for
BioMarin:
Development of an underutilized vacant site in close proximity to BioMarin’s existing San Rafael
headquarters to accommodate BioMarin’s planned expansion of its campus through the addition
of a new laboratory and office space flexible in design and built in a manner that can
accommodate the necessary square footage and building heights to support the R&D and
Exhibit 2b
Exhibit 2.b-45
laboratory infrastructure requirements needed for BioMarin’s planned expansion, while also
accommodating the needs of Whistlestop/Eden Housing and its use of a portion of the project site
for its Healthy Aging Center and affordable senior housing.
As such, BioMarin would not build the project which would in turn prevent the
Whistlestop/Eden Housing project from occurring. Therefore, the project as proposed , will
require the City of San Rafael Planning Commission to recommend adoption of the following
Statement of Overriding Considerations based on information in the FEIR and all other
information in the record, including the proposal of public benefits outlined in the January 10,
2020 Development Agreement Term Sheet fromBioMarin to the City of San Rafael (on file with
the Department of Community Development). The City recognizes that significant and
unavoidable impacts would result from implementation of the Project.
Pursuant to Section F of this Resolution, the Planning Commission determines that the Proposed
Project provides benefits that outweigh the any of the environmental superior alternative. The
Planning Commission hereby declares that, pursuant to State CEQA Guidelines Section 15093,
the Commission has balanced the benefits of the Project against any unavoidable environmental
impacts in determining whether to approve the Project. Pursuant to the State CEQA Guidelines,
if the benefits of the Project outweigh the unavoidable adverse environmental impacts, those
impacts may be considered “acceptable.”
The Planning Commission hereby declares that the EIR has identified and discussed significant
effects which may occur as a result of the Project. Wi th the implementation of the Mitigation
Measures discussed in the EIR and adopted by this Resolution, these effects can be mitigated to a
level of less than significant except for the two unavoidable significant impact discussed in
Section F of this Resolution.
The Planning Commission hereby declares that it has made a reasonable and good faith effort to
eliminate or substantially mitigate the potential impacts resulting from the Project. The Planning
Commission hereby declares that to the extent any Mitigation Measures recommended in the EIR
would not be incorporated, such Mitigation Measures are infeasible because they would impose
restrictions on the Project that would prohibit the realization of specific economic, social and
other benefits that this Planning Commission finds outweigh the unmitigated impacts.
The Planning Commission further finds that all alternatives set forth in the EIR are rejected as
being either inconsistent with project objectives, infeasible because they would prohibit the
realization of specific policy, social and other benefits that this City Council finds outweigh any
environmental benefits of the alternatives, or are otherwise not environmentally superior.
The reasons discussed below summarize the benefits, goals and objectives of the Project, and
provide, in addition to the findings, the detailed rationale for adoption of the Project.
Collectively, these overriding considerations are sufficient to outweigh the adverse
environmental impacts of the Project.
The Planning Commission hereby declares that, having reduced the adverse significant
environmental effect of the Project to the extent feasible by recommending adoption of the
Mitigation Measures contained in this Resolution, having considered the entire administrative
record on the Project, and having weighed the benefits of the Project against its unavoidable
adverse impact after mitigation, the Planning Commission recommends that each of the
following social, economic and environmental benefits of the Project separately a nd individually
Exhibit 2b
Exhibit 2.b-46
outweigh the single potential unavoidable adverse impact and render that potential adverse
environmental impact acceptable based upon the following overriding considerations:
The San Rafael Planning Commission recommends adoption of the following Statement of
Overriding Considerations based on information in the FEIR, other information in the record
including the proposal of public benefit outlined in the January 10 Development Agreement
terms sheet from BioMarin (on file with the Department of Community Development). The City
recognizes that significant and unavoidable impacts would result from implementation of the
project. The City has imposed all feasible mitigation to reduce the project’s significant impacts
to a less-than-significant level. The City further finds that except for the project, all other
alternatives set forth in the Draft EIR are infeasible because they would prohibit the realization
of the project objectives of providing needed retail services. Having adopted all feasible
mitigation measures and recognized the significant, unavoidable environmental effects, the City
of San Rafael hereby finds that the benefits outweigh and override the significant unavoidable
effects for the reasons stated below.
The reasons discussed below summarize the benefits, goals and objectives of the proposed
project, and provide, in addition to the findings, the detailed rationale for the project.
Collectively, these overriding considerations would be sufficient to outweigh the adverse
environmental impacts of the project.
1. Furtherance of City Goals and Policies
The proposed project will implement, and is consistent with, City goals, objectives, policies
and programs for the Project Site described in the following City General Plan Elements:
Land Use, Neighborhood, Sustainability, Circulation, Economic Vitality, and Safety, as
thoroughly analyzed in the Project DEIR. The project will also support San Rafael’s
Objectives and Design Guidelines for the Downtown by proposing a design that provides an
entry and focal point for the 2nd/3rd Street corridor, advances the “Alive after Five” policy,
and allows expansion of a major downtown employer. Lastly the BioMarin development will
allow the relocation and development of a new Whistlestop Healthy Aging Center and 67
affordable units for seniors in the downtown
2. Development of an Existing Infill Site
The project will facilitate the development of an infill site in an existing urbanized area in
San Rafael and will result in regional environmental benefits because it will not require the
extension of utilities or roads into undeveloped areas, is convenient to major arterials,
services and transit, including the SMART station, and will not directly or indirectly lead to
the development of greenfield sites in the San Francisco Bay Area.
3. Voluntary donation of development area
BioMarin is donating the Northwestern Portion of their site to Whistlestop/EDEN housing
for development of a healthy aging campus and affordable senior housing. This donation,
along with a land swap to BioMarin of another property owned by Whistlestop in San Rafael
yields a net donation by BioMarin of approximately $1.2 million as of June 2018, in its then
current as-is condition. This obligation shall be required prior to the issuance of any
certificate of occupancy for development on the R&D Development Property.
4. Voluntary monetary contribution for Shuttle Service
Exhibit 2b
Exhibit 2.b-47
BioMarin will contribute, $400,000 ($100,000 each year commencing on the first
anniversary of the DA for four years) to the City of San Rafael for purposes of implementing
a first mile/last mile shuttle service or for other traffic/circulation/parking improvement
measures as determined by the City.
5. Voluntary monetary contribution for Signal Synchronization
BioMarin will contribute $500,000 ($125,000 each year commencing on the first anniversary
of the DA for four years) to the City of San Rafael towards the synchronization of traffic
lights along the 2nd and 3rd Street corridors to improve traffic flow or for other traffic/
circulation/parking improvement measures as determined by the City.
6. Development opportunity for Whistlestop/Eden Housing
The remediation performed by PG&E of this site was not performed on the entire site. In
addition, the level of cleanup was not such that would met the State DTSC standards for
residential use of the property. For the benefit of development of a healthy aging campus and
affordable senior housing, BioMarin is currently conducting the second phase of the soil
remediation for the 999 3rd Street Property by performing an investigation and cleanup
under the DTSC’s Voluntary Cleanup Program. Following this cleanup, the site would be
able to accommodate residential use. BioMarin shall complete such second phase of
remediation prior to commencement of construction and development activities for the 999
3rd Street Project and the development of the Whistlestop component of the project.
7. Leaseback donation for Whistlestop/Eden Housing
BioMarin to conduct a land exchange as part of the donation of the parcel to
Whistlestop/Eden Housing. BioMarin shall donate to Whistlestop a leaseback of 930
Tamalpais Avenue for three (3) years, valued at approximately $256,000 as of May 2019.
8. Provide Public Meeting Space and urban open space
BioMarin provides a portion of the 999 3rd Street Project consisting of approximately 3,500
square feet of retail space and approximately 6,000 square feet of landscaped plaza and
located at the corner of 3rd Street and Lindaro Street, shall be open to the public during
daytime hours (from 9 a.m. to 5:00 p.m.).
9. Contributions to Pedestrian/Bicycle safety
BioMarin shall develop a class II bike lane on Lindaro Street from 3rd Street to Anderson Dr
prior to completion of Phase I. BioMarin shall also contribute to City’s enhanc ement of
pedestrian safety by improving the sidewalks and crosswalk design at the corner of Lindaro
Street and 2nd Street prior to completion of Phase I.
10. Public Parking
Allow the City to utilize up to 70% of the 999 Third Street parcel (the exact layout t o be
reasonably negotiated so as to maximize the utility of each portion) retained by BioMarin for
public parking and ancillary uses (such as food truck market, etc.) until such time as
commencement of construction activities for either building on the par cel, so long as City is
responsible for all liability related to the public’s use of parcel, including, without limitation,
all security, sanitation and janitorial.
H. ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM
Exhibit 2b
Exhibit 2.b-48
Pursuant to Public Resources Code section 21081.6, the Planning Commission hereby
recommends adoption of the Mitigation Monitoring and Reporting Program attached to this
Resolution as Attachment A, to be made a condition of approval of the Revised Project. In the
event of any inconsistencies between the Mitigation Measures as set forth herein and the
Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting
Program shall control.
I. STAFF DIRECTION
A Notice of Determination shall be filed with the County of M arin and the State Clearinghouse
within five (5) working days of final Project approval.
BE IT FURTHER RESOLVED, that the Planning Commission recommends to the City
Council approval of an exception to the City-adopted level of service traffic standards set forth in San
Rafael General Plan 2020 Circulation Element Policy C-5 (Traffic Level of Service Standards) per
Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c (Exception Review).
The Exception is warranted and substantiated based on the finding that the project provides significant
economic, social, and/or other benefits to the community that substantially outweigh the project’s
impacts on circulation network. The specific benefits found to outweigh the impacts are identified in the
Statement of Overriding considerations section above. Furthermore, the Commission finds that all
feasible mitigation measures have been required of the project.
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning
Commission held on the 28th day of January 2020.
Moved by Commissioner and seconded by Commissioner
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: ______________________ BY:______________________
Paul A. Jensen, Secretary Jeff Schoppert, Chair
Attachment A – Mitigation Monitoring and Reporting Program (MMRP)
Exhibit 2b
Exhibit 2b Attachment A-1 1
ATTACHMENT A: MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Party
Responsible
for Ensuring
Implementation
Party
Responsible
for Monitoring
Monitoring
Timing
Compliance Verification
Initial Date
Project/
Comments
AIR QUALITY
AIR-1: During project construction, the contractor shall implement a dust control program that
includes the following measures recommended by the BAAQMD:
▪ All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
▪ All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
▪ All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
▪ All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
▪ All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
▪ A publicly visible sign shall be posted with the telephone number and person to contact
at the lead agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. The Bay Area Air Quality Management District
(BAAQMD) phone number shall also be visible to ensure compliance with applicable
regulations.
The above measures shall be included in contract specifications. In addition, an independent
construction monitor shall conduct periodic site inspections, but in no event less than four total
inspections, during the course of construction to ensure these mitigation measures are
implemented and shall issue a letter report to the City of San Rafael Building Division
documenting the inspection results. Reports indicating non-compliance with construction
mitigation measures shall be cause to issue a stop work order until such time as compliance is
achieved.
Implementation of Mitigation Measure AIR-1 would reduce potentially significant impacts of
fugitive dust emissions during project construction to a less-than-significant level.
Both applicants’
contractors
City Prior to start of
construction and at time
of contract
specifications
Exhibit 2b
Exhibit 2b Attachment A-2 2
Mitigation Measure
Party
Responsible
for Ensuring
Implementation
Party
Responsible
for Monitoring
Monitoring
Timing
Compliance Verification
Initial Date
Project/
Comments
CULTURAL RESOURCES
CULT-1: Should an archaeological deposit be encountered during project subsurface
construction activities, all ground-disturbing activities within 25 feet shall be redirected and a
qualified archaeologist meeting the Secretary of the Interior’s Professional Qualifications
Standards for Archeology contacted to assess the situation, determine if the deposit qualifies
as a historical resource, consult with agencies as appropriate, and make recommendations for
the treatment of the discovery. If the deposit is found to be significant (i.e., eligible for listing in
the California Register of Historical Resources), the applicant shall be responsible for funding
and implementing appropriate mitigation measures. Mitigation measures may include
recordation of the archaeological deposit, data recovery and analysis, and public outreach
regarding the scientific and cultural importance of the discovery. Upon completion of the
selected mitigations, a report documenting methods, findings, and recommendations shall be
prepared and submitted to the City for review, and the final report shall be submitted to the
Northwest Information Center at Sonoma State University. Significant archaeological materials
shall be submitted to an appropriate curation facility and used for public interpretive displays,
as appropriate and in coordination with a local Native American tribal representative.
The applicant shall inform its contractor(s) of the sensitivity of the project area for
archaeological deposits and shall verify that the following directive has been included in the
appropriate contract documents:
“The subsurface of the construction site may be sensitive for Native American archaeological
deposits. If archaeological deposits are encountered during project subsurface construction,
all ground-disturbing activities within 25 feet shall be redirected and a qualified archaeologist
contacted to assess the situation, determine if the deposit qualifies as a historical resource,
consult with agencies as appropriate, and make recommendations for the treatment of the
discovery. Project personnel shall not collect or move any archaeological materials.
Archaeological deposits can include shellfish remains; bones; flakes of, and tools made from,
obsidian, chert, and basalt; and mortars and pestles. Contractor acknowledges and
understands that excavation or removal of archaeological material is prohibited by law and
constitutes a misdemeanor under California Public Resources Code, Section 5097.5.”
Both applicants’
contractors
City At time of contract
specifications and at
time of deposit
encounter, as
applicable
CULT-2: Mitigation Measure CULT-1 shall be implemented.
See CULT-1 See CULT-1 See CULT-1
GEOLOGY AND SOILS
GEO-1: The project applicants shall implement all of the recommendations of the design-level
geotechnical investigation, including design criteria, plan review, and construction period
monitoring recommendations. Prior to the issuance of a grading permit and building permit,
the applicants shall demonstrate to the satisfaction of the City Engineer that the
recommendations of the design-level geotechnical investigation have been incorporated into
the project grading plans and building plans.
Both applicants City Prior to issuance of
grading and building
permits
Exhibit 2b
Exhibit 2b Attachment A-3 3
Mitigation Measure
Party
Responsible
for Ensuring
Implementation
Party
Responsible
for Monitoring
Monitoring
Timing
Compliance Verification
Initial Date
Project/
Comments
GEO-2: The project applicants shall implement Mitigation Measure GEO-1. See GEO-1 See GEO-1 See GEO-1
GEO-3: Should paleontological resources be encountered during project subsurface
construction activities located in previously undisturbed soil and bedrock, all ground-disturbing
activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the
situation, consult with agencies as appropriate, and make recommendations for the treatment
of the discovery. For purposes of this mitigation, a “qualified paleontologist” shall be an
individual with the following qualifications: 1) a graduate degree in paleontology or geology
and/or a person with a demonstrated publication record in peer-reviewed paleontological
journals; 2) at least two years of professional experience related to paleontology; 3)
proficiency in recognizing fossils in the field and determining their significance; 4) expertise in
local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils
in the field.
If the paleontological resources are found to be significant and project activities cannot avoid
them, measures shall be implemented to ensure that the project does not cause a substantial
adverse change in the significance of the paleontological resource. Measures may include
monitoring, recording the fossil locality, data recovery and analysis, a final report, and
accessioning the fossil material and technical report to a paleontological repository. Upon
completion of the assessment, a report documenting methods, findings, and recommendations
shall be prepared and submitted to the City for review. If paleontological materials are
recovered, this report also shall be submitted to a paleontological repository such as the
University of California Museum of Paleontology, along with significant paleontological
materials. Public educational outreach may also be appropriate.
The project applicants shall inform its contractor(s) of the sensitivity of the project site for
paleontological resources and shall verify that the following directive has been included in the
appropriate contract specification documents:
“The subsurface of the construction site may contain fossils. If fossils are encountered
during project subsurface construction, all ground-disturbing activities within 25 feet shall be
halted and a qualified paleontologist contacted to assess the situation, consult with
agencies as appropriate, and make recommendations for the treatment of the discovery.
Project personnel shall not collect or move any paleontological materials. Fossils can
include plants and animals, and such trace fossil evidence of past life as tracks or plant
imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster
shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion
bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat,
horse, and bison. Contractor acknowledges and understands that excavation or removal of
paleontological material is prohibited by law and constitutes a misdemeanor under
California Public Resources Code, Section 5097.5.”
Both applicants’
contractors
City At time of encounter of
paleontological
resources, as needed
Exhibit 2b
Exhibit 2b Attachment A-4 4
Mitigation Measure
Party
Responsible
for Ensuring
Implementation
Party
Responsible
for Monitoring
Monitoring
Timing
Compliance Verification
Initial Date
Project/
Comments
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: Prior to the approval of building permits, the applicants shall provide the City of San
Rafael with a letter from the Department of Toxic Substances Control (DTSC) indicating that
the project site has been appropriately remediated and appropriate engineering controls have
been incorporated into the project design, as necessary, to ensure that future occupants of the
project site would not be exposed to unacceptable health risks from hazardous materials in the
subsurface of the project site. The Covenant and Agreement to Restrict Use of Property
(Covenant) and Operation and Maintenance (O&M) Plan for the project site shall be amended
to account for post-remediation conditions of the project site and ensure the engineering
controls are operated and maintained such that conditions at the project site remain protective
of human health and the environment.
Implementation of Mitigation Measure HAZ-1, compliance with the requirements of the
Covenant and O&M Plan as required by DTSC, and compliance with existing regulations
related to hazardous materials that would be handled during operation of the project would
ensure that the proposed project would result in less-than-significant impacts related to
accidental releases of hazardous materials during operation.
Both applicants City Prior to approval of
building permits
HYDROLOGY AND WATER QUALITY
HYDRO-1: Prior to the approval of building permits, the applicants shall provide the City of
San Rafael with a letter from the Department of Toxic Substances Control (DTSC) indicating
that the infiltration proposed by the post-construction stormwater management plans would not
lead to the spread of existing groundwater contamination or interference with the effectiveness
of the groundwater extraction and treatment system located adjacent to the south and
southeast of the project site. If DTSC indicates that restrictions to infiltration are necessary,
then the post-construction stormwater management plan shall be modified, as appropriate, to
limit infiltration. For example, the pervious pavements and bioretention facilities could be
underlain by a low permeability liner that would limit infiltration to the subsurface. Any changes
to the post-construction stormwater management plan must be approved by DTSC and the
City Engineer prior to approval of building permits.
Both applicants City Prior to approval of
building permits
HYDRO-2: The project applicants shall incorporate the recommendations of the preliminary
hydrology study into the project design, and shall complete a final hydrology study based on
the final design of the proposed project. The final hydrology study shall verify that peak flows
to individual points of drainage around the project site would be limited to at or below existing
levels under the final project design, or shall provide recommendations to achieve these limits.
The project applicants shall implement all of the recommendation of the final hydrology study.
Prior to the issuance of a grading permit and building permit, the applicants shall demonstrate
to the satisfaction of the City Engineer that the recommendations of the final hydrology and
hydraulic study have been incorporated into the project grading plans and building plans.
Both applicants City Prior to issuance of
grading and building
permits
Exhibit 2b
Exhibit 2b Attachment A-5 5
Mitigation Measure
Party
Responsible
for Ensuring
Implementation
Party
Responsible
for Monitoring
Monitoring
Timing
Compliance Verification
Initial Date
Project/
Comments
LAND USE AND PLANNING
LAND-1: No feasible mitigation measures are available, and therefore this impact would be
significant and unavoidable on both a project and cumulative basis.
Not applicable Not applicable Not applicable
NOISE
NOISE-1a: After the Whistlestop/Eden Housing project is completed and housing residents,
the BioMarin project applicant shall require that the construction contractor for BioMarin
Building A and BioMarin Building B to implement a noise monitoring program during
construction. The details of the construction noise monitoring program (described further
below) shall be included in applicable contract specifications and be submitted to the City of
San Rafael Building Division for approval before construction.
A noise monitoring program shall include collecting noise level measurements at the
Whistlestop/Eden Housing project during all phases of construction of the BioMarin project. A
qualified acoustical consultant shall collect the noise level measurements, and shall select the
timing and location of the measurements to be as close to future residents of the Whistlestop/
Eden Housing project as possible. Consistent with the San Rafael Municipal Code, noise
levels shall be measured on an A-weighted scale with a sound level meter (Type 1 or 2). For
constant noise sources, the meter shall be set for slow or fast response speed and Leq shall be
used. For intermittent sound, the meter shall be set for fast response speed and Lmax shall be
used.
The monitoring results and the associated data interpretation that focuses on whether the
construction activity is in compliance with applicable thresholds shall be reported to the City of
San Rafael Building Division. If construction noise exceeds 90 dBA Lmax at the Whistlestop/
Eden Housing project, additional noise attenuation measures shall be implemented to reduce
construction noise and to ensure the operation of all construction equipment (listed in DEIR
Table 4.10-10) to be below 90 dBA Lmax at the Whistlestop/Eden Housing project. The noise
attenuation measures may include, but are not limited to, the erection of a Sound
Transmission Class (STC) rated wall or a plywood wall around the construction site. The
BioMarin project applicant shall implement the approved monitoring program during
construction.
Both applicants City During construction
Exhibit 2b
Exhibit 2b Attachment A-6 6
Mitigation Measure
Party
Responsible
for Ensuring
Implementation
Party
Responsible
for Monitoring
Monitoring
Timing
Compliance Verification
Initial Date
Project/
Comments
NOISE-1b: The BioMarin and Whistlestop/Eden Housing project applicants shall require use
of noise-reducing measures that may include the following and that shall be described and
included in applicable contract specifications:
1. Equip internal combustion engine-driven equipment with intake and exhaust mufflers that
are in good condition and are appropriate for the equipment.
2. Locate all stationary noise-generating equipment, such as air compressors and portable
power generators, as far away as possible from noise-sensitive land uses. Muffle the
stationary equipment, and enclose within temporary sheds or surround by insulation
barriers, if feasible.
3. To the extent feasible, establish construction staging areas at locations that would create
the greatest distance between the construction-related noise sources and noise-sensitive
receptors during all project construction.
4. Use "quiet" air compressors and other stationary noise sources where technology exists.
5. Construct or use temporary noise barriers, as needed, to shield on-site construction and
demolition noise from noise-sensitive areas to the extent feasible. To be most effective,
the barrier should be placed as close as possible to the noise source or the sensitive
receptor. Examples of barriers include portable acoustically lined enclosure/housing for
specific equipment (e.g., jackhammer and pneumatic-air tools, which generate the loudest
noise), temporary noise barriers (e.g., solid plywood fences or portable panel systems,
minimum 8 feet in height), and/or acoustical blankets, as feasible.
6. Control noise levels from workers’ amplified music so that sounds are not audible to
sensitive receptors in the vicinity.
7. Prohibit all unnecessary idling of internal combustion engines.
Both applicants
and contractors
City During construction
NOISE-1c: The BioMarin and Whistlestop/Eden Housing construction contractors shall
develop a set of procedures that are described and included in applicable contract
specifications for tracking and responding to complaints received pertaining to construction
vibration and noise, and shall implement the procedures during construction. At a minimum,
the procedures shall include:
1. Designation of an on-site construction complaint and enforcement manager for the
project.
2. Protocols specific to on-site and off-site receptors for receiving, responding to, and
tracking received complaints. The construction complaint and enforcement manager shall
promptly respond to any complaints and work cooperatively with affected receptors to
ensure that the source of the noise- or vibration-generating activity is discontinued or
determine an acceptable schedule to resume the activity when the receptor is not present
in the residence.
3. Maintenance of a complaint log that records what complaints were received and how
these complaints were addressed.
Both applicants’
contractors
City Prior to and during
construction
Exhibit 2b
Exhibit 2b Attachment A-7 7
Mitigation Measure
Party
Responsible
for Ensuring
Implementation
Party
Responsible
for Monitoring
Monitoring
Timing
Compliance Verification
Initial Date
Project/
Comments
NOISE-1d: Nearby residents shall be informed by posting informational notices on the fence
line of the construction site. The notice shall state the date of planned construction activity and
include the contact information of the construction complaint and disturbance coordinator
identified in Mitigation Measure NOISE-1b.
The above measures shall be included in contract specifications. In addition, an independent
construction monitor shall conduct periodic site inspections, but in no event fewer than four
total inspections, during the course of construction to ensure these mitigation measures are
implemented and shall issue a letter report to the City of San Rafael Building Division
documenting the inspection results. Reports indicating non-compliance with construction
mitigation measures shall be cause to issue a stop work order until such time as compliance is
achieved.
The combination of the four mitigation measures above would reduce the impact to a less-
than-significant level.
Both applicants
and contractors
City At time of developing
contract specifications
and during construction
NOISE-2: The project applicants shall use mechanical equipment selection and acoustical
shielding to ensure that noise levels from the installation of mechanical equipment do not
exceed the exterior noise standards of 60 dBA Lmax/50 dBA Leq during daytime or 50 dBA
Lmax/40 dBA Leq during nighttime at the nearest residential land uses, and do not exceed the
exterior noise standards of 65 dBA Lmax/55 dBA Leq during both daytime and nighttime at the
nearest commercial land uses. Controls that would typically be incorporated to attain this
outcome include locating equipment in less noise-sensitive areas, when feasible; selecting
quiet equipment; and providing sound attenuators on fans, sound attenuator packages for
cooling towers and emergency generators, acoustical screen walls, and equipment
enclosures.
Both applicants City Prior to issuance of
occupancy permits
NOISE-3: Mitigation Measures NOISE-1a through NOISE-1d shall be implemented.
Both applicants City Prior to issuance of
occupancy permits
Exhibit 2b
Exhibit 2b Attachment A-8 8
Mitigation Measure
Party
Responsible
for Ensuring
Implementation
Party
Responsible
for Monitoring
Monitoring
Timing
Compliance Verification
Initial Date
Project/
Comments
TRANSPORTATION
TRANS-1: BioMarin, or any successive owner or lessor of the site, shall continue and expand
the implementation of a Transportation Demand Management (TDM) program that focuses on
reducing vehicle trips and improving traffic flow. BioMarin, or any successive owner or lessor
of the site, shall generate at least 15 percent fewer vehicle trips on a daily, AM peak hour, and
PM peak hour basis (i.e., 1,584 daily, 173 AM peak hour, and 162 PM peak hour trips) as
compared to those projected by the project applicant. BioMarin and any successive owner or
lessor of the site shall monitor, on an annual basis, all traffic generated at the site, including
single-occupant vehicles, carpools, pedestrian and bicycle trips, and public transit use, to
gauge success and promote appropriate measures to retain vehicle trip rates at, or below, the
current trip rates. BioMarin, or any successive owner or lessor of the site, shall submit an
annual TDM monitoring report to the City of San Rafael for City review. This mitigation
measure shall continue in perpetuity for the project site until the 15 percent reduction is
identified for three consecutive years. This mitigation measure would reduce the impact to less
than significant.
BioMarin City Annually during
operation
TRANS-2: No feasible mitigation is available. This impact would be significant and
unavoidable.
Not applicable Not applicable Not applicable
TRANS-3: No feasible mitigation is available. This impact would be significant and
unavoidable.
Not applicable Not applicable Not applicable
TRANS-4: No feasible mitigation is available. This impact would be significant and
unavoidable.
Not applicable Not applicable Not applicable
TRANS-5: Project construction shall abide by the City of San Rafael’s provisions regarding
transportation and parking management during construction activities. In addition, the project
applicants shall develop a demolition construction traffic management plan defining hours of
operation, specified truck routes, and construction parking provisions. This plan shall be
prepared by the applicants and approved prior to issuance of a building permit by the City of
San Rafael Department of Public Works. The project applicants shall ensure that any parking
losses associated with construction vehicles do not affect parking availability on downtown
streets.
Both applicants City Prior to and during
construction
TRANS-6: The project applicants shall improve the pavement sections of the roadways
peripheral to the project site to a condition acceptable to the City Engineer. The applicants
shall complete a “pre-construction” study, followed by a “post-construction” survey to
determine what road improvements would be the responsibility of the applicants. These
studies shall be submitted to the City Engineer for approval.
Both applicants City Engineer Prior to and after
construction
TRANS-7a: The project applicants shall maintain landscaping at project driveways to avoid
sight distance conflicts. Shrubs shall not be higher than 30 inches and tree canopies shall be
at least 7 feet from the ground.
Both applicants City During operation
Exhibit 2b
Exhibit 2b Attachment A-9 9
Mitigation Measure
Party
Responsible
for Ensuring
Implementation
Party
Responsible
for Monitoring
Monitoring
Timing
Compliance Verification
Initial Date
Project/
Comments
TRANS-7b: The City of San Rafael shall prohibit parking at least 20 feet in advance and 20
feet behind each of the project’s six driveways.
The combination of these two mitigation measures would reduce the impact to less than
significant.
Both applicants City During operation
TRANS-8: The project applicants shall fund the design and construction of curb ramp
improvements at all corners of the following intersections: 3rd Street and Lindaro Street,
3rd Street and Brooks Street, 2nd Street and Brooks Street, and 2nd Street and Lindaro Street.
Both applicants City Prior to issuance of
occupancy permits
TRANS-9: The project applicants shall fund the design and construction of improvements
related to the provision of a crosswalk across the western leg of the 3rd Street and Lindaro
Street intersection. These improvements shall include, but not be limited to, curb and roadway
infrastructure work, as well as traffic and pedestrian signal modifications. They may include
revisions to or removal of the driveway on the north side of the intersection. The design of
these improvements would be approved by the City Engineer.
Both applicants City Engineer and
City
Prior to issuance of
occupancy permits
TRANS-10: The project applicants shall fund the design and construction of improvements
related to the provision of a Pedestrian Hybrid Beacon, or other pedestrian crossing
enhancements as deemed appropriate by the City of San Rafael Department of Public Works,
at the 3rd Street and Brooks Street intersection. These improvements could include, but not be
limited to, curb and roadway infrastructure work, as well as traffic and pedestrian signal
modifications.
Both applicants City Department
of Public Works
Prior to issuance of
occupancy permits
TRANS-11: Vehicle travel on Brooks Street at 2nd Street shall be limited to one-way
northbound/outbound inbound only. Brooks Street at 3rd Street shall allow both inbound and
outbound traffic to the driveway just south of the Whistlestop/Eden Housing project. The
project applicants shall modify the project, as needed, to enable sufficient sight distance
between westbound motorists on 3rd Street and northbound motorists, stopped behind a future
marked crosswalk, on Brooks Street. Modifications may include, but not be limited to, building
design changes, roadway curb extensions, or revisions to proposed hardscaping and/or
landscaping. Any changes shall be approved by the City of San Rafael Department of Public
Works.
Both applicants City Department
of Public Works
Prior to issuance of
occupancy permits
TRANS-12: The project applicants shall install systems that provide vehicle-activated audible
and visual warnings for vehicles egressing the driveways on Brooks Street.
Both applicants City Prior to issuance of
occupancy permits
TRANS-13: The sliding gates at the 3rd Street driveway and the southern Brooks Street
driveway shall be approved by the City of San Rafael Fire and Police Departments and shall
enable access by emergency service providers.
BioMarin only City Fire and
Police
Departments
Prior to issuance of
occupancy permits
Exhibit 2c
Exhibit 2c Attachment B-1
RESOLUTION NO. 20-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT (GPA18-
001) TO THE SAN RAFAEL GENERAL PLAN 2020: A) AMENDING LAND USE ELEMENT
EXHIBIT 6: FAR MAPS; AND B) LAND USE ELEMENT EXHIBIT 10: HEIGHT BONUSES,
TO ALLOW THE DEVELOPMENT OF TWO 72-FOOT TALL, FOUR-STORY RESEARCH
AND DEVELOPMENT BUILDINGS ON A 133,099 SQ. FT. PARCEL AT 999 3rd St AND
ADJACENT SAN RAFAEL CORPORATE CENTER.
(APN’s: 011-265-01, 013-012-38 and -39 and 013-021-50, -51, -52 -53, -54, -55)
WHEREAS, in November 2004, the City of San Rafael adopted the San Rafael General Plan
2020 and certified the supporting Final Environmental Impact Report for the plan; and
WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin), in conjunction with
Whistlestop/Eden Housing, submitted project applications to the City of San Rafael Community
Development Department for a General Plan Amendment (GPA19-001), Zoning Text Amendment
(ZO18-003), Planned Development (PD) Rezoning (ZC18-002), Master Use Permit (UP18-034),
Environmental and Design Review Permit (ED18-087), Development Agreement (DA19-001)
development of two, 72-foot tall, four-story laboratory/research and development and office buildings
totaling 207,000 sq. ft., 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; and
.
WHEREAS, the total development for BioMarin includes a request to include 118,099 square
feet of the 999 3rd Street property to be incorporated into the existing San Rafael Corporate Center
(SRCC) PD District. The total site area of the amended SRCC campus would be 795,021 sq. ft.; and
WHEREAS, the project application for BioMarin includes a request to modify the existing Floor
Area Ratio (FAR) for the 118,099 square feet of the 999 3rd Street property from 1.50 to 0.90 and a
request to modify the existing FAR for the SRCC from 0.75 to 0.90. The total FAR of 0.90 for the newly
amended SRCC would allow the two proposed buildings, totaling 207,000 sq. ft., of the BioMarin project
to be included in the total allowed campus development of 715,519 sq. ft.; and
WHEREAS, on February 28, 2019, in accord with California Government Code Section
65352.3(a), specifically the directive of Senate Bill 18 (SB18), the Department of Community
Development Department staff sent an offer for tribal consultation to the representatives of the Federated
Indians of the Graton Rancheria (Federated Indians). Tribal consultation is required for all projects that
propose an amendment to the local General Plan. The purpose of the tribal consultation is to consult with
the local tribe representatives on potential impacts to Native American places, features and objects
described in Section 5097.9 and 5097.993 of the California Public Resources Code. The prescribed 90-
day period was observed for the Federated Indians to respond to the offer, but the City received no
response; and
WHEREAS, following the initial filing of the BioMarin/Whistlestop/Eden Housing planning
applications, the City commenced with environme review of the project. Consistent with the California
Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental Assessment
Procedures Manual, the appropriate steps were followed to complete environmental review of the project,
which included: a) the publication of a Notice of Preparation (NOP) in February 2019 for the purpose of
scoping the topic areas of study for the preparation of an Environmental Impact Report; b) the preparation
and publication of a Draft Environmental Impact Report (DEIR) in August 2019, which included a 45-day
public review process and Planning Commission public hearing for commenting on the DEIR; and c) the
Exhibit 2c
Exhibit 2c Attachment B-2
preparation of a Final Environmental Impact Report (FEIR) by responding to all comments made and
submitted on the DEIR; and
WHEREAS, the FEIR assesses the environmental impacts of the proposed amendment to San
Rafael General Plan 2020 to allow for the FAR modification and Height Bonus for the subject property.
The FEIR finds that the proposed amendment to the General Plan will not result in a significant impacts,
in that it would not be in potential conflict with San Rafael General Plan 2020 Land Use Element Land
Use Element Policies LU-23 (Land Use Map and Categories), LU-10 (Planned Development), LU-9
(Intensity of Nonresidential Development), LU-14 (Land Use Compatibility), Neighborhood Element
Policies NH-15 (Downtown Vision), NH-16 (Economic Success), NH-38 (Lindaro Office District) and
NH-8 (Parking), which are adopted for the purpose of avoiding or mitigating the physical, environmental
effect of new development.
WHEREAS, the FEIR states that there is a conflict with the San Rafael General Plan 2020 Land
Use Element Policy LU-2 (Development Timing) and Circulation Element Policy C-5 (Traffic Level of
Service), because of the significant and unavoidable traffic impacts to the local circulation network,
which would result from the proposed project. According to Public Resources Code, Section 21082.2,
subdivisions (a) and (e), the lead agency (City) is tasked with determining the significance of impacts and
statements in an FEIR are not determinative of significance. As set forth in the CEQA findings for this
project, recommended by the Planning Commission by separate resolution, the City has conservatively
found that the project will lead to significant and unavoidable impacts related to the potential consistency
issue. The City, however, has determined that the project is consistent with all of the pertinent General
Plan goals and policies, including Policies LU-2 and C-5. Specifically, Policy C-5 allows the City to
approve projects that exceed the level of service (LOS) standards if it finds that the benefits of the project
to the community outweigh the resulting traffic impacts. The project, therefore, meets the traffic
standards set forth in the San Rafael General Plan 2020. Further, because the project meets the traffic
standards set forth in Policy C-5, and other infrastructure such as water and sewer is in place, the project
is consistent with Policies LU-2. As explained in the FEIR, per CEQA Guidelines Section 15063, in
order to adopt the proposed amendment to the San Rafael General Plan 2020, the City must weigh the
benefits of the project against the unavoidable, adverse environmental (traffic) effects of the project and
adopt a statement of overriding consideration. Similar findings are required by San Rafael General Plan
2020 Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c (Exception
Review), which permits the City to approve a project that exceeds the LOS standards if the City finds that
the project’s benefits to the community outweigh the project’s traffic impacts; and
WHEREAS, in considering the General Plan Amendment application, the Planning Commission
has reviewed and considered the proposed project benefits against the unavoidable, adverse
environmental effects. By separate resolution, consistent with CEQA Guidelines Section 15063 and
consistent with San Rafael General Plan 2020 Circulation Element Policy C-5D (Evaluation of Project
Merits) and Program C-5c (Exception Review), the Planning Commission has recommended to the City
Council approval of the CEQA Findings of Fact, an exception to the Circulation Element Policy C-5
(Level of Service), and a Statement of Overriding Considerations, which support approval of the proposed
project and the accompanying General Plan Amendment application (GPA18-001). This separate
resolution also recommends the approval of a Mitigation Monitoring and Reporting Program (MMRP) to
ensure that required mitigation measures are incorporated into project action; and
WHEREAS, on January 28, 2020, the Planning Commission, through the adoption of a separate
resolutions, recommended to the City Council 1) adoption of the Planned Development (PD) Rezoning
(ZC18-002), 2) adoption of Zoning Ordinance Text Amendment (ZO18-003), 3) approval of a
Development Agreement (DA19-001), and 4) approval of Master Use Permit (UP18-034), Environmental
Exhibit 2c
Exhibit 2c Attachment B-3
and Design Review Permit (ED18-087), Small Subdivision (S18-001) and Sign Program Amendment
(SP18-18-006); 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 Planning Commission recommends to the
City Council approval of General Plan Amendment application GPA18-001, amending the San Rafael
General Plan 2020 as follows:
Modify Exhibit 6 in the Land Use Element to create a new 0.90 FAR for the total revised San
Rafael Corporate Center campus. The 999 3rd St site has a FAR maximum of 1.50, while the
current SRCC PD District has a FAR maximum of 0.75. The newly created FAR would preserve
development rights on the SRCC PD District and also allow for the total 207,000 sq. ft. of
development of the proposed BioMarin project. The proposed modified General Plan Exhibit 6 is
shown as Attachment A below.
Modify Exhibit 10 in the Land Use Element to create a new Height Bonus for 999 3rd Street
property to be combined with the existing San Rafael Corporate Center campus. BioMarin has
provided public benefits, including a development area for the Whistlestop / Eden Housing
project, which is considered a significant public and community benefit. The proposed modified
General Plan Exhibit 10 is shown as Attachment B below.
This recommendation is based on and supported by the following findings:
1. The proposed amendments to Land Use Element Exhibit 6 and Exhibit 10 would be generally
consistent with the related elements, goals, policies or programs of the San Rafael General
Plan 2020 in that:
a. Although the proposed amendment has the potential to be in conflict with San Rafael
General Plan 2020 Land Use Element Policy LU-2 (Development Timing) and
Circulation Element Policy C-5 (Traffic Level of Service), which are adopted for the
purpose of avoiding or mitigating a physical, environmental effect associated with traffic,
the Planning Commission has determined, through adoption of a separate resolution of
CEQA Findings of Fact and Statement of Findings of Overriding Consideration, that the
benefits of the General Plan amendment outweigh the unavoidable, adverse
environmental effects of the action. These findings conclude that the amendments would
be consistent with and implement Circulation Element Policy C-5D (Evaluation of
Project Merits) and Program C-5c (Exception Review), which acknowledge that the City
may approve an action that would exceed the LOS standards set by Policy C-5, if the City
finds that the benefits of the project to the community outweigh the traffic impacts. The
findings in this separate resolution are reaffirmed herein to support this action to amend
the San Rafael General Plan 2020.
b. The action would be consistent with and implement San Rafael General Plan 2020
Neighborhood Element Program NH-40, which encourages the redevelopment of the
project site with a mix of uses that would also extend the uses of the SRCC.
c. As drafted, overall, the amendments would be consistent with: a) Neighborhood Element
Policy NH-40 (Second Third Mixed Use District) and NH-41 (Second Third Mixed Use
District Design Considerations), by promoting a high quality mixed-use development in
the downtown designated areas; b) Economic Vitality Element Policies EV-2 (Seek,
Retain and Promote Businesses that Enhance San Rafael), EV-4 (Local Economic and
Community Impacts), EV-8 (Diversity of our Economic Base), and EV-13 (Business
Exhibit 2c
Exhibit 2c Attachment B-4
Areas) by broadening, with limited application, the uses that are permitted in areas that
are designated for general commercial and office land uses.
2. The public interest would be served by the adoption of the proposed amendments to Land
Use Element Exhibit 6 and Exhibit 10, which would modify the permitted Floor Area Ratio
and maximum Height Bonus for the 999 3rd Street property to be included in the newly
modified San Rafael Corporate Center in that:
a. This action would be consistent with and implement San Rafael General Plan Land Use
Element LU-9 (Intensity of Nonresidential Development), with an appropriate
development intensity based on consistency with the following factors: site resources and
constraints, traffic and access, potentially hazardous conditions, adequacy of
infrastructure, and City design policies.
b. The proposed blended 0.90 Floor Area Ratio will reduce the existing 999 3rd Street FAR
but raise the existing SRCC FAR from 0.75 to 0.90. The net change will result in a total
floor area that will be an increase in 30,678 sq ft for the newly modified total project
area.
c. This action would be consistent with and implement San Rafael General Plan
Neighborhoods Policy NH-40 (Second Third Mixed Use District). Program NH-40,
which is specific to the Second/Third Mixed Use District in the downtown area,
encourages the redevelopment of the project site with a mix of uses that would also
extend the uses of the SRCC. As anticipated, the proposed land use change to the
General Plan has been initiated and proposed in conjunction with the expanded San
Rafael Corporate Center PD District.
d. This action would provide desired public benefits and amenities as described in the
modified Exhibit 10, including: Affordable housing (minimum 60 units), a privately-
owned public plaza (5,000 sq. ft. or more in size), a community facility (e.g. senior
center, 10,000 sq. ft. or more in size), pedestrian crossing safety improvements at
adjacent intersections, and donation of funds for development of bike lanes. These public
benefits would be consistent with other public benefit requirements for height bonuses for
developments in the downtown area.
e. This action would not be growth inducing nor would it be precedent setting as the
property and proposed square footage addition would be consistent with the development
standards and land uses included in the existing San Rafael Corporate Center. The
development of proposed project at this location would be in the public interest in that it
would further the policies of the General Plan by developing an infill property within the
downtown area of San Rafael. In summary, as the proposed amendments would not
result in similar development increases for other areas of San Rafael, the action would
not be precedent setting or growth-inducing.
Exhibit 2c
Exhibit 2c Attachment B-5
The foregoing resolution was adopted at the regular City of San Rafael Planning Commission meeting
held on the 28th day of January 2020.
AYES:
NOES:
ABSENT:
ABSTAIN:
SAN RAFAEL PLANNING COMMISSION
ATTEST: _______________________________ ______________________________
Paul A. Jensen, Secretary Jeff Schoppert, Chair
Exhibit 2c
Exhibit 2c Attachment A-1
Attachment A
General Plan 2020 Exhibit 6 – FAR
Exhibit 2c
Exhibit 2c Attachment B-1
Attachment B:
Note: New language illustrated with underline text
Genera Plan 2020 Exhibit 10 – Height Bonuses
Location Maximum
Height
Bonus
Amenity
(May provide one or more of the following)
Fourth Street Retail Core Zoning District 12 feet Affordable housing
Public courtyards, plazas and/or passageways (consistent
with Downtown Design Guidelines)
Public parking (not facing Fourth Street)
PG&E site in the Lindaro Office land
use district
24 feet Park (privately maintained park with public access,
adjacent to
Mahon Creek; an alternative is tennis courts tied to Albert
Park.)
Community facility (10,000 sq. ft. or more in size)
Second/Third Mixed Use East Zoning
District
12 feet Affordable housing
Public parking
Overhead crosswalks Mid-block passageways between
Fourth Street and parking on Third Street
999 Third St
20 feet Affordable housing (minimum 60 units)
Privately owned public plaza (5,000 sq. ft. or more in size)
Community facility (e.g. senior center, 10,000 sq. ft. or
more in size)
Pedestrian crossing safety improvements at adjacent
intersections
Donation of funds for development of bike lanes
Second/Third Mixed Use West District,
north of Third Street and east of C Street
18 feet Public parking
West End Village 6 feet Affordable housing
Public parking
Public passageways (consistent with Downtown Design
Guidelines)
Lincoln Avenue between Hammondale
and Mission Avenue
12 feet Affordable Housing See NH-120 (Lincoln Avenue)
Marin Square
12 feet Affordable housing
North San Rafael Town Center
24 feet Affordable housing
Citywide where allowed by zoning. 12 feet Hotel (1)
Exhibit 2d
Attachment 2d-1
RESOLUTION NO. 20-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT (ZO18-003)
TO THE SAN RAFAEL MUNICIPAL CODE SECTION 14.16.190.A - HEIGHT BONUS TO
CREATE A NEW 20-FOOT HEIGHT BONUS FOR THE 999 3RD STREET PROPERTY
WHEREAS, in 1992, the City of San Rafael adopted the San Rafael Municipal Code via
Ordinance 1625; 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 Subdivision (S18-001) and Sign Program
Amendment (SP18006) for the development of two 72-foot tall, four-story Research and Development
buildings and a 67-unit, 70-foot tall, six-story senior center and affordable senior housing building on a
133,099 sq. ft. parcel at 999 3rd Street; and
WHEREAS, the maximum height bonus for development in the Second/Third Mixed Use
District is 12 feet based on the provision of the following public amenities;
a. Affordable housing, consistent with Section 14.16.030 (Affordable housing);
b. Public parking, providing it is consistent with the downtown design guidelines;
c. Skywalks over Second or Third Streets, with the approval of the traffic engineer, and the
recommendation of the design review board;
d. Mid-block passageways between Fourth Street and parking lots on Third Street, with the
recommendation of the design review board that the design is attractive and safe; and
WHEREAS, the project application for the total BioMarin development includes a request to
increase the allowable maximum height bonus for the 118,099 sq. ft. portion of the 999 3rd Street property
from 12 feet to 20 feet based on the provision of one or more of the following public amenities:
a. Affordable housing (minimum 60 units)
b. Privately owned public plaza (5,000 sq. ft. or more in size)
c. Community facility (e.g. senior center, 10,000 sq. ft. or more in size)
d. Pedestrian crossing safety improvements at adjacent intersections
e. Donation of funds for development of bike lanes; and
WHEREAS, the proposed request for additional height bonus requires an amendment to the
General Plan (Exhibit 10 Height Bonus) and to the Zoning Ordinance (Section 14.16.190 Height Bonus)
and applications have been filed requesting to amend these sections in conjunction with the review of the
planning applications for the proposed project; and
WHEREAS, following the initial filing of the BioMarin/Whistlestop/Eden Housing planning
applications, the City commenced with environmental review of the project. Consistent with the
California Environmental Quality Act (CEQA) Guidelines and the City of San Rafael Environmental
Assessment Procedures Manual, the appropriate steps were followed to complete environmental review of
the project, which included: a) the publication of a Notice of Preparation (NOP) in February 2019 for the
purpose of scoping the topic areas of study for the preparation of an Environmental Impact Report; b) the
preparation and publication of a Draft Environmental Impact Report (DEIR) in September August 2019,
which included a 45-day public review process and Planning Commission public hearing for commenting
Exhibit 2d
Attachment 2d-2
on the DEIR; and c) the preparation of a Final Environmental Impact Report (FEIR) by responding to all
comments made and submitted on the DEIR; and
WHEREAS, the FEIR assesses the environmental impacts of the proposed amendment to San
Rafael General Plan 2020 to allow for the maximum Height Bonus for the subject property. The FEIR
finds that the proposed amendment to the General Plan will not result in a significant impacts, resulting
from the change in height bonus provisions and would not be in potential conflict with San Rafael
General Plan 2020 Land Use Element Land Use Element Policies LU-23 (Land Use Map and
Categories), LU-10 (Planned Development), LU-9 (Intensity of Nonresidential Development), LU-14
(Land Use Compatibility), Neighborhood Element Policies NH-15 (Downtown Vision), NH-16 (Economic
Success), NH-38 (Lindaro Office District) and NH-8 (Parking), which are adopted for the purpose of
avoiding or mitigating the physical, environmental effect of new development.
WHEREAS, the FEIR states that there is a conflict with the San Rafael General Plan 2020 Land
Use Element Policy LU-2 (Development Timing) and Circulation Element Policy C-5 (Traffic Level of
Service), because of the significant and unavoidable traffic impacts to the local circulation network, which
would result from the proposed project, however, these are not related to the additional height of the
buildings, but from the intensity of the use
WHEREAS, in considering the Municipal Code Amendment application, the Planning
Commission has reviewed and considered the proposed project benefits against the unavoidable, adverse
environmental effects from the impacts to the circulation network. By separate resolution, consistent with
CEQA Guidelines Section 15063 and consistent with San Rafael General Plan 2020 Circulation Element
Policy C-5D (Evaluation of Project Merits) and Program C-5c (Exception Review), the Planning
Commission has recommended to the City Council 1) certification of the FEIR approval, 2) approval of
the CEQA Findings of Fact, an exception to the Circulation Element Policy C-5 (Level of Service), and a
Statement of Overriding Considerations, and 3) approval of a Mitigation Monitoring and Reporting
Program (MMRP) to ensure that required mitigation measures are incorporated into project action; and
WHEREAS, on January 28, 2020, the Planning Commission held a duly noticed public hearing
on the proposed Municipal Code Amendment application, along with the accompanying applications and
FEIR, , accepting all public testimony and the written report of the Department of Community
Development; 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 Planning Commission recommends to the
City Council adoption of the amendments (ZO18-003) to the San Rafael Municipal Code Title 14
(Zoning), as outlined in Exhibit A, based on the findings as required under Zoning Code Section
14.27.060
1. The proposed amendment would be generally consistent with the related elements, goals, policies
or programs of the San Rafael General Plan 2020 in that:
a. Although the proposed amendment conflicts with San Rafael General Plan 2020 Land
Use Element Policy LU-2 (Development Timing) and Circulation Element Policy C-5
(Traffic Level of Service), which are adopted for the purpose of avoiding or mitigating a
physical, environmental effect associated with traffic, the Planning Commission has
determined, through adoption of a separate resolution of CEQA Findings of Fact and
Statement of Findings of Overriding Consideration, that the benefits of the General Plan
Exhibit 2d
Attachment 2d-3
amendment outweigh the unavoidable, adverse environmental effects of the action.
These findings conclude that the amendments would be consistent with and implement
Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c
(Exception Review), which acknowledge that the City may approve an action that would
exceed the LOS standards set by Policy C-5, if the City finds that the benefits of the
project to the community outweigh the traffic impacts. The findings in this separate
resolution are reaffirmed herein to support this action to amend the San Rafael General
Plan 2020.
b. The action would be consistent with and implement San Rafael General Plan 2020
Neighborhood Element Program NH-40, which encourages the redevelopment of the
project site with a mix of uses that would also extend the uses of the San Rafael
Corporate Center.
c. As drafted, overall, the amendments would be consistent with: a) Neighborhood Element
Policy NH-40 (Second Third Mixed Use District) and NH-41 (Second Third Mixed Use
District Design Considerations), by promoting a high quality mixed-use development in
the downtown designated areas; b) Economic Vitality Element Policies EV-2 (Seek,
Retain and Promote Businesses that Enhance San Rafael), EV-4 (Local Economic and
Community Impacts), EV-8 (Diversity of our Economic Base), and EV-13 (Business
Areas) by broadening, with limited application, the uses that are permitted in areas that
are designated for general commercial and office land uses.
d. The public health, safety and general welfare are served by the adoption of the proposed
amendments to San Rafael Municipal Code, which would modify the permitted
maximum Height Bonus for the portion of the 999 3rd Street property to be included in
the newly modified San Rafael Corporate Center PD District (PD-1936) in that:
e. This action would be consistent with and implement San Rafael General Plan Land Use
Element LU-9 (Intensity of Nonresidential Development), with an appropriate
development intensity based on consistency with the following factors: site resources and
constraints, traffic and access, potentially hazardous conditions, adequacy of
infrastructure, and City design policies.
f. This action would be consistent with and implement San Rafael General Plan
Neighborhoods Policy NH-40 (Second Third Mixed Use District). Program NH-40,
which is specific to the Second/Third Mixed Use District in the downtown area,
encourages the redevelopment of the project site with a mix of uses that would also
extend the uses of the SRCC. As anticipated, the proposed land use change to the
General Plan has been initiated and proposed in conjunction with the expanded San
Rafael Corporate Center PD District.
g. This action would provide desired public benefits and amenities, including: Affordabl e
housing (minimum 60 units), a privately-owned public plaza (5,000 sq. ft. or more in
size), a community facility (e.g. senior center, 10,000 sq. ft. or more in size), pedestrian
crossing safety improvements at adjacent intersections, and donation of funds for
development of bike lanes. These public benefits would be consistent with other public
benefit requirements for height bonuses for developments in the downtown area.
h. This action would not be growth inducing nor would it be precedent setting as the
property and proposed square footage addition would be consistent with the development
Exhibit 2d
Attachment 2d-4
standards and land uses included in the existing San Rafael Corporate Center. The
development of proposed project at this location would be in the public interest in th at it
would further the policies of the General Plan by developing an infill property within the
downtown area of San Rafael. In summary, as the proposed amendments would not
result in similar development increases for other areas of San Rafael, the action would
not be precedent setting or growth-inducing.
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning
Commission held on the 28th day of January 2020.
Moved by Commissioner and seconded by Commissioner
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: ______________________ BY:______________________
Paul A. Jensen, Secretary Jeff Schoppert, Chair
Exhibit 2d
Exhibit 2d Attachment A-1
Attachment A
Amendment to San Rafael Municipal Code (SRMC) Title 14 – Zoning
The following section of the San Rafael Municipal Code (SRMC) Title 14 – Zoning is hereby amended to
provide a new maximum height bonus of 20 feet for the 999 3rd Street property, including public
amenities, as shown with the new (underlined) and modified (strike thru), as follows
Section 14.16.190.A – Height Bonus
A. Downtown Height Bonuses. A height bonus may be granted by a use permit approved by the
planning commission in the following downtown zoning districts. No more than one height bonus
may be granted for a project.
1. In the Fourth Street retail core, a twelve-foot (12′) height bonus for any of the following:
a. Affordable housing, consistent with Section 14.16.030 (Affordable housing);
b. Public courtyards, plazas and/or passageways, with the recommendation of the
design review board that the public improvements are consistent with downtown
design guidelines;
Public parking, providing it is not facing Fourth Street and it is consistent with the downtown
design guidelines.
2. In the Lindaro district, on lots south of Second Street and fronting Lindaro Street, a twenty-
four-foot (24′) height bonus for any of the following:
a. Park area adjacent to Mahon Creek, accessible to the public and maintained by the
property owner;
b. Community facility, ten thousand (10,000) square feet or more in size. The facility
must be available to the public for cultural and community events, and maintained
and operated by the property owner.
3. In the Second/Third mixed use east district, a twelve-foot (12′) height bonus for any of the
following:
a. Affordable housing, consistent with Section 14.16.030 (Affordable housing);
b. Public parking, providing it is consistent with the downtown design guidelines;
c. Skywalks over Second or Third Streets, with the approval of the traffic engineer, and
the recommendation of the design review board;
d. Mid-block passageways between Fourth Street and parking lots on Third Street, with
the recommendation of the design review board that the design is attractive and safe.
4. On the 999 3rd Street Property, a twenty-foot (20’) height bonus for any of the following:
a. Affordable housing (minimum 60 units)
b. Privately owned public plaza (5,000 sq. ft. or more in size)
c. Community facility (e.g. senior center, 10,000 sq. ft. or more in size)
d. Pedestrian crossing safety improvements at adjacent intersections
e. Donation of funds for development of bike lanes;
4.5. In the West End Village, a six-foot (6′) height bonus for any of the following:
a. Affordable housing, consistent with Section 14.16.030 (Affordable housing);
b. Public parking, providing it is consistent with the downtown design guidelines;
c. Public passageways, with the recommendation of the design review board that the
public passageway serves an important public purpose and is attractive and safe.
Exhibit 2d
Exhibit 2d Attachment A-2
5.6. In the Second/Third mixed use west district, on lots located on the north side of Third Street
and east of C Street, an eighteen-foot (18′) height bonus for the following:
a. Public parking, providing it is consistent with the downtown design guidelines.
**No changes to Sections B, C, TO SRMC 14.16.190**
Exhibit 2e
Exhibit 2e-1
RESOLUTION NO. 20-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A PLANNED DEVELOPMENT
(PD) REZONING (ZC18-002) TO THE SAN RAFAEL COROPRATE CENTER PLANNED
DEVELOPMENT (PD-1936) DISTRICT TO: 1) ALLOW EXPANSION OF THE CURRENT
SRCC PD DISTRICT BY INCORPORATING THE 118,099 SQ. FT. OF THE 999 3RD ST
PROPERTY INTO THE BOUNDARIES; AND 2) UPDATE PD 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 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; 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 San Rafael Corporate Center (SRCC) office park. The amended
Planned Development District was rezoned to PD-1754; and
WHEREAS, in October 2011, the San Rafael City Council adopted an amendment to the
Planned Development (PD-1754) District to expand the allowed land uses for the San Rafael Corporate
Center to include medical use and research and development and allowed the adopted parking standard of
3.3 parking spaces per 1,000 in the Master Plan (instead of 4.4 parking spaces per 1,000 sf for medical
office). The amended Planned Development District was rezoned to PD-1901; and
WHEREAS, in October 2015, the San Rafael City Council adopted an amendment to the
Planned Development (PD-1901) District approving the 72,396 square foot, 54-foot tall, four-story office
building 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 currently in effect at this time; and
WHEREAS, between 2000 and today, the SRCC 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., 5,300 sq. ft. less than the 406,000 sq. ft. allowed by the PD 1901.
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 Subdivision (S18-001) and Sign Program
Amendment (SP18-006) for the development of two 72-foot tall, four-story Research and Development
Exhibit 2e
Exhibit 2e-2
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.; 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 PD District. The total site area of the
proposed campus would be 795,021 sq. ft.; and
WHEREAS, the request to incorporate the portion of 999 3rd St into the SRCC campus and
development of the two new buildings at 999 3rd St, creation of a blended FAR amongst all SRCC
properties and shared parking arrangement requires an Amendment to the PD District; and
WHEREAS, on March 12, 2019, the Planning Commission (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 was 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, in considering the GP Amendment, Zoning Text Amendment, PD Rezoning,
Master Use Permit, Environmental and Design Review Permit, Small Subdivision, and Sign Program
Amendment applications, the Planning Commission has reviewed and considered the FEIR and all
applicable mitigation measures therein. The FEIR concludes that the Project will result in significant and
unavoidable adverse environmental land use and transportation impacts. No feasible mitigation measures
can be implemented by the City to reduce transportation impacts identified in the FEIR as significant and
unavoidable. The FEIR also identifies Alternative 2: “Reduced Scale Alternative” as the Environmentally
Superior Alternative and concludes that it would eliminate some significant and unavoidable impacts to
the circulation network but would not achieve the Applicant’s primary objectives. The Planning
Commission has weighed the Project benefits against the unavoidable, adverse environmental effects and
confirmed that the Proposed Project is the appropriate project design. By separate resolution, consistent
with CEQA Guidelines Section 15063, recommends adoption of a Statement of Overriding
Considerations, which supports approval of the Project and the accompanying planning applications.
This separate Resolution also recommends the approval of a Mitigation Monitoring and Reporting
Program (MMRP) to ensure that required mitigation measures are incorporated into Project action; and
WHEREAS, on January 28, 2020, the Planning Commission held a duly-noticed public hearing
on the Project, including a General Plan Amendment (GPA18-001), Planned Development (PD)
Rezoning (ZC18-002), Zoning Ordinance Text Amendment (ZO18-003), Development Agreement
(DA19-001), Master Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087),
Small Subdivision (S18-001) and Sign Program Amendment (SP18-18-006), accepting all oral and
Exhibit 2e
Exhibit 2e-3
written public testimony and the written report of the Community Development Department Planning
staff and closed said hearing on that date; and
WHEREAS, on January 28, 2020, the Planning Commission considered the responses to
comments contained in the FEIR and recommended to the City Council, by separate Resolution,
certification of the Final EIR in that it complies with all requirements of CEQA; and
WHEREAS, on January 28, 2020, the Planning Commission also recommended to the City
Council, by separate Resolution, adoption of Statement of Overriding Considerations and Approval of the
Mitigation Monitoring and Reporting Plan (MMRP); and
WHEREAS, on January 28, 2020, the Planning Commission also recommended to the City
Council, by separate Resolutions, approval of the Development Agreement (DA19-001), Use Permit
(UP18-034), Environmental and Design Review Permit (ED18-087), Small Subdivision (S18-001), and
Sign Program Amendment (SP18-006); and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the
City Council the adoption of an amendment to the San Rafael Corporate Center Planned Development
(PD-1936) District based on the following findings and subject to the amended Master Plan Land Use and
Development Standards presented in attached Exhibit A:
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 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, a height bonus is proposed
an accompanying General Plan amendment to include the height bonus is being processed.
b. Although the proposed project be not be consistent and conflict with Circulation Element
Policies C-5 (Traffic Level of Service Standards), a separate Resolution has been adopted,
including the granting of a finding for a waiver to the LOS standards for this project
consistent with C-5e, given 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.
d. As proposed, the laboratory and office land uses would be consistent with Neighborhood
Element Policies NH-15 (Downtown Vision), NH-16 (Economic Success), NH-38 (Lindaro
Exhibit 2e
Exhibit 2e-4
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.
e. As proposed, the laboratory and office land uses would be consistent with the Community
Design Element Policy CD-21(Parking lot landscaping) in that: the uses proposed will have
an approved landscaping plan that will provide shade cover and adequate screening of
vehicles within parking lot areas.
f. As proposed, the laboratory and office 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 fo r 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.
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-1936
District, as amended by adoption of Zoning Amendment ZC18-002, which would permit
these land uses.
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 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:
Exhibit 2e
Exhibit 2e-5
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 the Bettini Transit Center
(major 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.
4. The proposed uses are found to be appropriate in area, location and overall planni ng for the
purpose intended, and the design and development standards creates 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 type of 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 facilities 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 infrastru cture 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,
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 and has been recommended for
approval. The proposed access points have been reviewed by City departments 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, the project has been rec ommended for approval
by separate resolution.
Exhibit 2e
Exhibit 2e-6
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning
Commission held on the 28th day of January 2020.
Moved by Commissioner and seconded by Commissioner
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: ______________________ BY:
Paul A. Jensen, Secretary Jeff Schoppert, Chair
Attachment A: Development Standards
Attachment B: PD Map
Attachment C: Property Description (Meets & Bounds)
Exhibit 2e
Exhibit 2e Attachment A-1
Attachment 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 ENTER COUNCIL DATE.
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, and 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 provision of
public benefit as addressed below..
Exhibit 2e
Exhibit 2e Attachment A-2
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).
5. Building
Coverage
Building coverage shall be consistent with the Development Plan
approved under the office park Environmental and Design Review
Permit (ED14-097 and ED18-087).
Exhibit 2e
Exhibit 2e Attachment A-3
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 3rd 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 3rd 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 sh all be
consistent with the Development Plan and conditions of approval for the office park Environmental
and Design Review Permit.
• ED14-097 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.
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 2e
Exhibit 2e- Attachment B- 1
Attachment B
PD Boundary Map
Exhibit 2e
Exhibit 2e- Attachment C-1
Attachment 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 2e
Exhibit 2e- Attachment 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 2e
Exhibit 2e- Attachment 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 leav ing 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 easterl y
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 2e
Exhibit 2e- Attachment 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 pag e 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 2e
Exhibit 2e- Attachment 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" ea st 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 2e
Exhibit 2e- Attachment C-6
"EASTERN
PARCEL" (APN 013-
021-50)
All that certain real property situate d 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 Turnpikeand 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 th e 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 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.
Exhibit 2e
Exhibit 2e- Attachment C-7
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 beginnin g; 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' Eas t 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 140.70 feet to the
southwesterly line of Francisco Boulevard;
thence leaving the southerly line of Second Street and along said sout hwesterly 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°3 2'07" West 95.76 feet to the True Point of Beginning;
thence continuing along said westerly line South 11°32'07" West 189.48 feet; thence on a curve
to the right tangent to the preceding course having a radius of
441.70 feet through a central angle of36°0 I'12", an arc length of 277.68 feet to the
easterly line of aforementioned Lincoln Avenue;
Exhibit 2e
Exhibit 2e- Attachment C-8
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 2e
Exhibit 2e- Attachment C-9
"NORTHERN
PARCEL"
(Portion of APN 011-
265-01)
Exhibit 2e
Exhibit 2e- Attachment C-10
Exhibit 2f
Attachment 2f-1
RESOLUTION NO. 20-
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL THE
ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (DA19-001)
FOR THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791
LINCOLN AVENUE AND 999 3rd STREET) TO EXPAND THE ALLOWABLE
DEVELOPMENT AND OVERALL LAND AREA TO INCLUDE TWO RESEARCH AND
DEVELOPMENT BUILDINGS TOTALING 207,000 SQAURE FEET
AND TO DEFINE THE AGREEMENT TERMS
(APN’s: 011-265-01, 013-012-38 and -39 and 013-021-50, -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 the first amendment to the Development Agreement to approve changes in the property
ownership (Equity Office) and to the development standards in order to accommodate multi-tenant use of
the office park (San Rafael Corporate Center). Since 2000, the office park ownership has changes and
subsequent amendments to the Development Agreement were adopted to reflect the ownership changes;
and
WHEREAS, in December 2011, the City Council adopted Ordinance No. 1902, approving a
second amendment to the Development Agreement for the San Rafael Corporate Center to expand the
allowable land uses to include medical office and research and development; 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, five of the
six office buildings and two parking structures 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, the San Rafael Corporate Center will be built-out at 473,096 square feet. The terms of the
Development Agreement vest project build-out through 2013, with options for additional extensions
through 2015; and
WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin), in conjunction with
Whistlestop/Eden Housing, submitted project applications to the City of San Rafael Community
Development Department for a General Plan Amendment (GPA18-001), Zoning Text Amendment
(ZO18-003), Planned Development (PD) Amendment (ZC18-002), Master Use Permit (UP18-034),
Environmental and Design Review Permit (ED18-087), Development Agreement (DA19-001), Small
Subdivision (S18-001) and Sign Program Amendment (SP18-18-006) for the development of two 72-foot
tall, four-story laboratory/research and development buildings, totaling 207,000 sq. ft., and a 67-unit, 70-
foot tall, six-story senior center and affordable senior housing building on a 133,099 sq. ft. parcel at 999
3rd Street.; and
Exhibit 2f
Attachment 2f-2
WHEREAS, the total development for BioMarin includes a request to include 118,099 square
feet of the 999 3rd Street property to be incorporated into the existing San Rafael Corporate Center
(SRCC) PD District. The total site area of the amended SRCC campus would be 795,021 sq. ft.; and
WHEREAS, the project application for BioMarin includes a request to modify the existing Floor
Area Ratio (FAR) for the 118,099 square feet of the 999 3rd Street property from 1.50 to 0.90 and a
request to modify the existing FAR for the SRCC from 0.75 to 0.90. The total FAR of 0.90 for the newly
amended SRCC would allow the two proposed buildings, totaling 207,000 sq. ft., of the BioMarin project
to be included in the total allowed campus development of 715,519 sq. ft.; and
WHEREAS, a Development Agreement was requested by BioMarin to establish a 10 year time
frame for the approvals for the BioMarin component of the project and freezing of development impact
fees for a period of 10 years and in exchange for the Development Agreement, a series of public benefits
have been proposed; and
WHEREAS, a full and complete copy of the approved and executed Development Agreement
with subsequent amendments is on file with the offices of the City Clerk and City Attorney and are
available for public review; and
WHEREAS, a Development Agreement has been drafted by the BioMarin Pharmaceutical Inc.
and the Office of the City Attorney to incorporate the proposed terms and obligations for both parties; and
WHEREAS, on January 28, 2020 the Planning Commission held a duly noticed public hearing
on the FEIR/Response to comments and considered the FIER along with the project
applications/entitlements; and
WHEREAS, on January 28, 2020, by adoption of a separate Resolution, the Planning
Commission recommended to the City Council certification of the Final EIR for the project, including
the Development Agreement; and
WHEREAS, on January 28, 2020, by adoption of a separate Resolution, the Planning
Commission recommended to the City Council 1) adoption of California Environmental Quality Act
(CEQA) findings of fact, 2) adoption of a Statement of Overriding Considerations, and 3) approval of
the Mitigation Monitoring and Reporting Program (MMRP) for the project, including the Development
Agreement; and
WHEREAS, on January 28, 2020, the Planning Commission held a duly noticed public hearing
on the proposed Development Agreement application, accepting all public testimony and the written
report of the Department of Community Development; and
WHEREAS, on January 28, 2020, the Planning Commission, through the adoption of a separate
resolutions, recommended to the City Council 1) approval of a General Plan amendment, 2) adoption of
the Planned Development (PD) Rezoning (ZC18-002), 3) adoption of Zoning Ordinance Text
Amendment (ZO18-003), and 4) approval of Master Use Permit (UP18-034), Environmental and Design
Review Permit (ED18-087), Small Subdivision (S18-001) and Sign Program Amendment (SP18-18-006);
and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based, is the Community Development Department.
Exhibit 2f
Attachment 2f-3
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the
City Council the adoption of the following Development Agreement to the San Rafael Corporate Center
Development based on the following findings:
Development Agreement Findings (DA19-001)
1. The proposed Development Agreement is consistent with the policies, general land uses and
programs specified in the General Plan and other applicable specific plan given that the proposed
office and research and development uses within the BioMarin campus would be consistent with
the 2/3 MUE general plan land use designation, the proposed floor area ratio and height of the
building are consistent with the FAR and height standards, with the inclusion of a General Plan
amendment, which has been recommended and adopted by separate resolution. As drafted,
overall, the amendments would be consistent with:
a. Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c
(Exception Review), which acknowledge that the City may approve an action that would
exceed the LOS standards set by Policy C-5, if the City finds that the benefits of the project to
the community outweigh the traffic impacts.
b. Neighborhood Element Policy NH-40 (Second Third Mixed Use District) and NH-41 (Second
Third Mixed Use District Design Considerations), by promoting a high-quality mixed-use
development in the downtown designated areas;
c. Economic Vitality Element Policies EV-2 (Seek, Retain and Promote Businesses that
Enhance San Rafael), EV-4 (Local Economic and Community Impacts), EV-8 (Diversity of
our Economic Base), and EV-13 (Business Areas) by broadening, with limited application,
the uses that are permitted in areas that are designated for general commercial and office land
uses.
2. The proposed development agreement is compatible with the uses authorized in the regulations
prescribed for, the land use district in which the property is located based on finding #1 above, an
amendment to the PD is requested and recommended for adoption by separate resolution with
which the intensity, land use would be consistent.
a. This action would be consistent with and implement San Rafael General Plan Land Use
Element LU-9 (Intensity of Nonresidential Development), with an appropriate development
intensity based on consistency with the following factors: site resources and constraints,
traffic and access, potentially hazardous conditions, adequacy of infrastructure, and City
design policies;
b. The proposed blended 0.90 Floor Area Ratio will reduce the existing 999 3rd Street FAR but
raise the existing SRCC FAR from 0.75 to 0.90. The net change will result in a total floor
area that will be an increase in 30,678 sq ft for the newly modified total project area.
c. This action would not be growth inducing nor would it be precedent setting as the property
and proposed square footage addition would be consistent with the development standards
and land uses included in the existing San Rafael Corporate Center. The development of
proposed project at this location would be in the public interest in that it would further the
policies of the General Plan by developing an infill property within the downtown area of San
Rafael. In summary, as the proposed amendments would not result in similar development
Exhibit 2f
Attachment 2f-4
increases for other areas of San Rafael, the action would not be precedent setting or growth-
inducing.
3. The proposed development agreement is in conformity with public convenience, general welfare
and good land use practice in that the proposed project results in the following public benefits:
a. This action would provide desired public benefits and amenities as described in the modified
General Plan Exhibit 10, including: Affordable housing (67 senior affordable units), a
privately-owned public plaza (approximately 6,000 sq. ft.), a community facility (18,000 sq.
ft. senior center), pedestrian crossing safety improvements at adjacent intersections, and
donation of funds for development of bike lanes. These public benefits would be consistent
with other public benefit requirements for height bonuses for developments in the downtown
area.
4. The proposed development agreement will not be determinantal to the health, safety and general
welfare, given that an EIR has been prepared to assess potential environmental impacts and most
potential impacts can be reduced to less than significant levels with mitigation measures, 2) the
Commission through adoption of a separate resolution has adopted statement of overriding
considerations to four potential impacts to land use and transportation associated with the
development of the project;
a. The City of San Rafael has determined that the project has balanced the economic, legal,
social, and technological benefits of the proposed project against its unavoidable
environmental impacts when determining to approve the project. The project benefits
outweigh the unavoidable adverse environmental effects and are considered “acceptable” and
a statement of overriding considerations has been adopted and supported by substantial
evidence in the record;
b. In support of CEQA Guidelines Section 15063 the San Rafael General Plan 2020 includes
Circulation Element Policy C-5D (Evaluation of Project Merits) and Program C-5c
(Exception Review), which permits the City to authorize an exception to the City-adopted
traffic standards by weighing the community benefits of a project against the potential for the
project to deviate from the City-adopted level of service (LOS) traffic standards;
BE IT RESOLVED, that the Planning Commission recommends to the City Council the
adoption of the following Development Agreement to the San Rafael Corporate Center Development with
the following scope, term, city obligations and public benefits:
Scope: BioMarin’s current campus, the 999 Third St. project, 755 Lindaro St., and the expansion of the
Lincoln Parking Structure.
Term: 10 years following the effective date.
City Obligations
1. 10-year term for vesting of entitlements for the 999 Third St., 755 Lindaro St. and Lincoln
Parking Structure provided:
a) If BioMarin has not commenced construction of 999 Third St. by the 6th anniversary of the
effective date of the DA, then BioMarin shall construct the Class II Bike lane along Lindaro
from 3rd to Anderson as described in new obligation #5 and the improvements to the 2nd and
Lindaro intersection per new obligation #8, below;
Exhibit 2f
Attachment 2f-5
b) If BioMarin has not commenced construction of second building at 999 Third Street by the 8th
anniversary of the effective date of the DA, the vesting of the entitlements for the
development of 755 Lindaro Street will expire; and.
c) Annually, on request by the City, BioMarin will report to the City on the status of its
development plans related to the DA.
2. Remove existing condition imposed on 755 Lindaro/Lincoln Garage for Pedestrian connection to
SMART along Creek for public safety.
3. Relocate the existing conference rooms available for public use from 755 Lindaro to 999 3rd street
with the same terms and conditions previously accepted by BioMarin and the City.
4. Freeze City development impact fees (traffic mitigation and affordable housing linkage fee) at in
place as of the initial approval of the Development Agreement.
BioMarin Obligations/Benefits
Existing Obligations/Benefits to Remain
1. Public use of Park
2. Public use of 2,500-square foot Conference Center
3. Public use of Lindaro surface lot
Additional Obligations/Benefits Offered in the DA
1. Provide Whistlestop the portion of 999 Third St. for senior housing development through a land
swap for the Lindaro corporation yard, which due to the delta in value of the two properties
results in BioMarin’s donation of $1.2M to support the development of the healthy aging center
and affordable senior housing.
2. Contribute, $100,000 each year (commencing on the first anniversary of the DA) for 4 years to
the City of San Rafael for purposes of implementing a first mile/last mile shuttle service or for
other traffic/circulation/parking improvement measures as determined by the City.
3. Remediate a brownfield in the heart of downtown San Rafael, resulting in BioMarin out of pocket
costs of over $2M and total remediation costs of over $16M.
4. Contribute $500,000 to the City of San Rafael towards the synchronization of traffic lights along
the 2nd and 3rd Street corridors to improve traffic flow or for other traffic/circulation/parking
improvement measures as determined by the City. This may be payable in full at the first
anniversary of the DA, or $125,000 each year (commencing on the first anniversary of the DA)
for 4 years
5. Add Class II Bike lane along Lindaro from 3rd to Anderson with completion of Phase I
6. 6,000 sf Public Plaza “Front Porch”
7. 3,500 sf Retail open to public
8. Improve intersection of 2nd & Lindaro with completion of Phase I
9. Allow the City to utilize up to 70% of the 999 Third Street parcel (the exact layout to be
reasonably negotiated so as to maximize the utility of each portion) retained by BioMarin for
public parking and ancillary uses (such as food truck market, etc.) until such time as
commencement of construction activities for either building on the parcel, so long as City is
Exhibit 2f
Attachment 2f-6
responsible for all liability related to the public’s use of parcel, including, without limitation, all
security, sanitation and janitorial.
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning
Commission held on the 28th day of January 2020.
Moved by Commissioner and seconded by Commissioner
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: ______________________ BY:
Paul A. Jensen, Secretary Jeff Schoppert, Chair
Exhibit 2g
Exhibit 2g-1
RESOLUTION NO. 20-
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF A MASTER USE PERMIT (UP18-034), ENVIRONMENTAL
AND DESIGN REVIEW PERMIT (ED18-087), SMALL SUBDIVISON (S18-001) AND SIGN PROGRAM
AMENDMENT (SP18-006) TO ALLOW THE DEVELOPMENT OF TWO 72-FOOT TALL, FOUR-
STORY RESEARCH AND DEVELOPMENT BUILDINGS AND A 67-UNIT, 70-FOOT TALL, SIX-
STORY SENIOR CENTER AND AFFORDABLE SENIOR HOUSING BUILDING ON A 133,099 SQ. FT.
PARCEL AT 999 3rd St AND ADJACENT SAN RAFAEL CORPORATE CENTER.
(APN’s: 011-265-01, 013-012-38 and -39 and 013-021-50, -51, -52 -53, -54, -55)
WHEREAS, BioMarin submitted a Pre-Application in August of 2016 to allow the City to review
technical review of major code requirements by City departments. Following subsequent City comments,
BioMarin modified its project by reducing the requested total development square feet on 999 3rd Street as well as
the requested height bonus; and
WHEREAS, BioMarin and Whistlestop submitted an application for Conceptual Design Review and this
conceptual application was reviewed by the Design Review Board on February 6, 2018 and by the Planning
Commission on February 27, 2018. In general, the DRB and the Planning Commission were generally supportive
of the proposed project including the design aesthetics, the overall height, and intensity of use. Comments were
provided to Whistlestop/Eden Housing requesting the project design meet the requirements for front setbacks and
suggested the proposal could include more height (and more units) to compensate for meeting the front setback
requirements. Comments regarding parking included understanding the applicant’s survey and existing
conditions assessment; and
WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin), in conjunction with
Whistlestop/Eden Housing, submitted project applications to the City of San Rafael Community Development
Department for a General Plan Amendment (GPA19-001), Zoning Text Amendment (ZO18-003), Planned
Development (PD) Rezoning (ZC18-002), Development Agreement (DA19-001), Master Use Permit (UP18-034),
Environmental and Design Review Permit (ED18-087), Small Subdivision (S18-001) and Sign Program
Amendment (SP18-006) for the development of two 72-foot tall, four-story laboratory/research and development
buildings, totaling 207,000 sq. ft., and a 67-unit, 70-foot tall, six-story senior center and affordable senior housing
building on a 133,099 sq. ft. parcel at 999 3rd Street; and
WHEREAS, on March 12, 2019, the Planning Commission (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, Cultural Resources, Energy, Geology and Soils, Greenhouse
Gases, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Noise, Public
Services, Recreation, Transportation/Traffic, Utilities, and Cumulative effects and a reasonable range of
alternatives; and
WHEREAS, the Planning Commission conducted a Study Session public hearing on May 14, 2019 to
understand and evaluate the development program and entitlement requests. The Commission was generally
supportive of the project; and
WHEREAS, on June 18, 2019, the San Rafael Design Review Board (DRB) conducted a duly-noticed
public meeting, conducing the formal review, reviewing project plans and found that the project Design was
generally appropriate, including the massing, color, materials, and continued the project for a consent calendar
review, subject to minor revisions to landscaping and façade treatments; and
Exhibit 2g
Exhibit 2g-2
WHEREAS, the Draft EIR (DEIR) was prepared and circulated for a 45-day public review period
beginning August 9, 2019 and ending September 23, 2019 (SCH # 2019029046). As part of this review, on
September 24, 2019, the Planning Commission held a duly-noticed public hearing to consider and accept
comments on the DEIR. The DEIR concluded that the Project would result in significant, unavoidable impacts
associated with Land Use and Planning and Transportation. All other significant impacts identified in the DEIR
were identified to be mitigated to less-than-significant levels with implementation of mitigation measures
recommended in the DEIR; and
WHEREAS, on August 20, 2019, the DRB conducted a duly-noticed public meeting and reviewed the
revised Project plans and found that the requested revisions were acceptable, and unanimously voted to
recommend approval of the project design to the Planning Commission; and
WHEREAS, based on written and oral comments received from the public on the DEIR and its own
review of the DEIR, the Planning Commission directed staff to prepare a Final Environmental Impact Report
(FEIR) and respond to comments received on the DEIR; and
WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and CEQA Guidelines Sections
15088, 15089 and 15132, the City responded to all the environmental comments that were submitted on the DEIR
during the public review period and a FEIR was completed; and
WHEREAS, on January 10, 2020, Notice of Availability for the FIER/Response to Comments was
mailed to interested persons and property owners and occupants within 500 feet of the property and written
responses to public agency comments were provided to agencies who commented on the DEIR; and
WHEREAS, on January 11, 2020, the notice of availability was also published in the Marin Independent
Journal newspaper; and
WHEREAS, in considering the Master Use Permit, Environmental and Design Review Permit Small
Subdivision and Sign Program Amendment applications, the Planning Commission has reviewed and considered
the FEIR and all applicable mitigation measures therein. The FEIR concludes that the Project will result in
significant and unavoidable adverse environmental land use and transportation impacts. No feasible mitigation
measures can be implemented by the City to reduce transportation impacts identified in the FEIR as significant
and unavoidable due to potential conflicts with Land Use Element Policy LU-2 and Circulation Element Policy C-
5. The Planning Commission has weighed the proposed project benefits against the unavoidable, adverse
environmental effects.
WHEREAS, by separate resolutions, consistent with CEQA Guidelines Section 15063 and consistent
with San Rafael General Plan 2020 Circulation Element Policy C-5D (Evaluation of Project Merits) and Program
C-5c (Exception Review), the Planning Commission has recommended to the City Council approval of the CEQA
Findings of Fact, an exception to the Circulation Element Policy C-5 (Level of Service), a Statement of
Overriding Considerations, which support approval of the proposed BioMarin/Whistlestop project and the
accompanying planning applications. These separate Resolutions also recommend the approval of a Mitigation
Monitoring and Reporting Program (MMRP) to ensure that required mitigation measures are incorporated into
project action; and
WHEREAS, on January 28, 2020, the Planning Commission considered the responses to comments
contained in the FEIR and adopted a separate Resolution certifying the FEIR in that it complies with the
requirement of CEQA; and
Exhibit 2g
Exhibit 2g-3
WHEREAS, on January 28, 2020, the Planning Commission also adopted by separate Resolution,
Statement of Overriding Considerations and Approval of the Mitigation Monitoring and Reporting Plan (MMRP);
and
WHEREAS, on January 28, 2020, the Planning Commission, through the adoption of a separate
resolutions, recommended to the City Council 1) approval of a General Plan amendment, 2) adoption of the
Planned Development (PD) Rezoning (ZC18-002), 3) adoption of Zoning Ordinance Text Amendment (ZO18-
003), and 4) approval of a Development Agreement (DA19-001); and
WHEREAS, on January 28, 2020, the Planning Commission held a duly-noticed public hearing on the
project, Master Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087), Small
Subdivision (S18-001) and Sign Program Amendment (SP18-006), and accepting all oral and written public
testimony and the written report of the Community Development Department Planning staff and closed said
hearing on that date; and
WHEREAS, the Planning Commission of the City of San Rafael does hereby make the following
findings related to the applications for the Master Use Permit (UP18-034), Environmental and Design Review
Permit (ED18-087), Small Subdivision (S18-001) and Sign Program Amendment (SP18-006);
Findings for Use Permit
(UP18-034)
In accordance with the SRMC 14.22.080. Findings, following findings are required for approval of a use permit:
A. As proposed and conditioned, the proposal to develop two, 72-foot tall, four-story laboratory/research and
development buildings, totaling 207,000 square feet on 118,099 portion of the subject property and a 70-foot
tall, 6-story, 67-unit senior affordable residential building with 18,000 square of healthy aging campus on
15,000 sq. ft. of the property, is in accord with the San Rafael General Plan 2020, the objectives of the
Zoning Ordinance, and the purposes of the zoning district in which the Project site is located. Detailed
discussion of the Project’s consistency with the applicable General Plan policies is provided in detail in
matrix format in the attached General Plan Consistency Analysis Table (Exhibit 3).
The discussion demonstrates that the Project is generally consistent with the applicable General Plan Policies:
1) As proposed, the Project’s land uses are consistent with' Land Use Element Policies LU-23 (Land Use
Map and Categories), LU-9 (Intensity of Nonresidential Development), LU-I0 (Planned Development)
and LU-14 (Land Use Compatibility) in that:
a. Laboratory and general office uses are an allowable use in the 2nd/3rd Mixed Use General Plan Land
use designation in which the Project site is located;
b. The proposed 207,000 sq ft on the remaining 118,099 square foot lot at 999 3rd St would be consistent
with the maximum flor area ratio (FAR) limits, as modified through the corresponding General Plan
amendment which established a blended FAR maximum of 0.90 for the 999 3rd St site and the San
Rafael Corporate Center campus; and
c. The BioMarin portion of the project complies with the established height limits, through the provision
of a General Plan amendment and Zoning text amendment to create a new height bonus for this site in
exchange for certain public benefits. In addition, the Whistlestop component of the project complies
with the height limit through a concession allowed under the State Density Bonus law, where the
height bonus is necessary to make the project financially feasible and result in identifiable cost
reductions
Exhibit 2g
Exhibit 2g-4
2) As proposed and conditioned, the Project’s land uses would be consistent with C-6 (Proposed
Improvements), C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand
Management), in that:
a. The laboratory/office uses would be subject to the adopted citywide traffic mitigation fees, which
would be used to fund long-term transportation improvements to maintain Level of Service (LOS)
standards as identified in Circulation Policy C-6 and the payment of the mitigation fees will fund
citywide improvements consistent with Circulation Policy C-7. The payment of fees would be in
addition to installing the required intersection and pedestrian improvements identified in the EIR.
However, the Whistlestop/EDEN affordable housing project is exempt from payment of traffic
mitigation fees, per a exemption identified in the City Council Resolution Traffic Mitigation fee ; and
b. The Project is conditioned to require the preparation and submittal of a Transportation Demand
Management (TDM) plan that would implement transportation demand measures such as encouraging
employees, through incentives to carpool and use public transit and other alternative means of
transport.
3) The project would be inconsistent with Circulation Element Policies C-5 (Traffic Level of Service
Standards), but findings to grant an Exception to Level of Service standards have been made,
a. The increase in traffic estimated for the proposed uses would impact and change level of service
conditions at local intersections and would warrant new transportation improvements that have been
identified in the BioMarin and Whistlestop/Eden Housing Project Final EIR;
b. The Final Environmental Impact Report (FEIR) recommend for certification by the City of San
Rafael City Council for this Project through a separate Resolution, identifies that the additional traffic
from the Project creates impacts to current Level of Service (LOS) conditions that cannot feasibly be
mitigated to less than significant levels based on conflicts with the following two policies:
1. Policy LU-2 Development Timing, in that Final Environmental Impact Report (FEIR) certified by
the City of San Rafael for this project, identifies that the project the project would add a
significant number of daily vehicle trips to this area of San Rafael, and levels of service at nearby
intersections would be degraded. Policy LU-2 specifies that new development should only occur
when adequate traffic conditions and circulation improvements are available.
2. Policy C-5. Traffic Level of Service Standards, in that Final Environmental Impact Report (FEIR)
certified by the City of San Rafael for this project, identifies that the project would impact the
level of service (LOS) to the circulation network around the project area, which would operate at
unacceptable levels of service under project conditions.
The FEIR has concluded that these impacts are significant unavoidable impact for which there is no
feasible mitigation. Nevertheless, it is noted that Public Resources Code section 21082.2(e) provides
that statements in an EIR are not determinative of whether a project may have a significant effect on
the environment.
c. Further, the San Rafael General Plan 2020 includes flexibility in determining project consistency.
Specifically, Policy C-5.D (Evaluation of Project Merits), and program C-5.c (Exception Review)
provides that "in order to balance the City's objectives to provide affordable housing, maintain a vital
economy and provide desired community services with the need to manage traffic congestion,
projects that would exceed the level of service standards set forth above may be approved if the City
Council finds that the benefits of the project to the community outweigh the resulting traffic impacts."
Accordingly, the project's benefits have been evaluated by weighing the goals and policies of all
Exhibit 2g
Exhibit 2g-5
elements, including, but not limited to: the Land Use Element, Circulation Element, Housing
Element, Conservation Element, and Safety Element. Due to the project's benefits, the City has found
and determined that the project's benefits outweigh potential impacts. Accordingly, the project is
considered consistent with the San Rafael General Plan 2020.
d. The Planning Commission finds and recommends to the City Council that the project benefits,
including the following: furtherance of city goals and policies, development of an existing infill site,
voluntary donation of development area, voluntary monetary contribution for shuttle service,
voluntary monetary contribution for signal synchronization, development opportunity for
Whistlestop/Eden housing, leaseback donation for Whistlestop/Eden housing, provide public meeting
space and urban open space, contributions to pedestrian/bicycle safety, and provision of public
parking.
4) As proposed, the Project’s land uses would be consistent with Neighborhood Element Policies NH-
40(Second Third Mixed Use District), NH-41 (Second Third Mixed Use District Design Considerations),
NH-15 (Downtown Vision), NH-16 (Economic Success), NH-38 (Lindaro Office District), NH-8
(Parking), in that it would: facilitate additional employment and future economic success in the
Downtown San Rafael area; allow compatible land uses that would fill current and long-term projected
vacancies in laboratory and general office space; and provide required amount of parking required for the
proposed uses; and .
5) As proposed, the Project’s land uses would be consistent with the Community Design Element Policy
CD-21 (parking lot landscaping) in that the uses proposed will have an approved landscaping plan and
design that will provide shade cover and adequate screening of vehicles within parking lot areas.
6) As proposed, the Whistlestop proposal to provide 67 affordable housing units would be consistent with
H-9 (Special Needs), H-13 (Senior Housing), H-14 (Adequate Sites), H-15 (Infill Near Transit) and H-17
(Regulatory Processes and Incentives for Affordable Housing), in that:
a) The project would provide all 67 of the new units as affordable to seniors, serving the special need for
affordable senior housing in the community;
b) The new housing would be located new blocks from major transit, including the Bettini Transit
Station and downtown SMART station
c) The proposal utilizes the density bonus, including an greater density bonus that allowed by the state
for which the City can accept if it finds that amount of affordable housing is greater than that required
by the inclusionary housing ordinance. In this case, the inclusionary housing ordinance would require
20% of the units to be affordable, while this project proposes that all 67 units are affordable to seniors
7) As proposed, the Project’s land uses would be consistent with the Economic Vitality Element Policy EV-
1 (Economic Health and Quality of Life) and EV-2 (Seek, Retain and Promote Businesses that Enhance
San Rafael) in that:
a. The development of the residential, laboratory, and general office building would improve the
downtown area for San Rafael and Marin County residents;
b. The proposed uses would ensure that two of the marquee employers in San Rafael would continue to
provide jobs in a location close to freeway access; and
c. Allow a large pediatric pharmaceutical business and senior services business to remain in San Rafael
and continue to serve the City and county at large.
8) As proposed, the Project’s 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 a vacant parcel adjacent to an office park that is
close to public transit (Bettini Transit Station and SMART rail station at Downtown).
Exhibit 2g
Exhibit 2g-6
9) The approval of the Project’s land uses would be consistent with the PD-1936 District, as amended by
adoption of the PD Rezoning (ZC18-002), which would permit the 207,000 sq. ft of BioMarin
development to be incorporated into the existing San Rafael Corporate Center.
B. That the Project’s proposed use, together with the conditions applicable thereto, will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the
general welfare of the City in that:
1) A FEIR has been prepared and recommended for certification for the Project pursuant to the provisions of
the California Environmental Quality Act (CEQA), which finds that all potentially significant project
impacts related to health and safety can be adequately mitigated to a less-than-significant level with the
implemented mitigation measures outlined in the approved Mitigation Monitoring and Reporting Program
(MMRP), for which compliance is required by conditions of this approval.
2) A Statement of Overriding Considerations has been prepared and recommended for adoption by separate
Resolution to address impacts that could not be mitigated to less than significant levels. The Statement of
Overriding Consideration concludes that the Project would not be detrimental to public health, welfare of
safety, given the fact that the override only addresses timing of the installation of the improvement, which
would be required to be constructed prior to full occupancy of the medical office building.
3) Additionally, the Project has been reviewed by Community Development Department, the Department of
Public Works, and other appropriate City Departments and conditions have been applied to minimize
potential impacts to the public health, safety and welfare.
C. That the proposed use, together with the conditions applicable thereto, would comply with each of the
applicable provisions of the amended Planned Development (PD) Zoning District contained in the Zoning
Ordinance. The 118,099 sq. ft. BioMarin portion of the Project site is proposed to be removed from the
current 2/3MUE Zoning District and rezoned to be included in the current San Rafael Corporate Center PD
District (PD-1936) with updated development standards and land use regulations with which the Project
would be consistent. The Project would also comply with other applicable provisions in the Zoning
Ordinance. That the proposed Whistlestop/Eden Housing uses together with the conditions applicable thereto,
would comply with each of the applicable provisions of the 2/3MUE Districts contained in the Zoning
Ordinance
1) The proposed project has been reviewed by appropriate City departments. Conditions of approval
recommended by other departments have been applied to minimize potential adverse visual, design, and
safety impacts to the project site and adjacent properties; and
2) The proposed Planned Development Zoning amendment to add the 118,099 sq ft of land area for
development of 207,000 sq ft of laboratory and general office to the allowable uses under the revised San
Rafael Corporate Center Planned Development would be consistent with the “2/3 MU” General Plan land
use designation for this site and research and development and general office uses would be consistent
with the PD land uses allowances as adopted by the amended PD zoning.
Findings for Environmental and Design Review Permit (ED18-087)
In accordance with SRMC 14.25.090. Findings, following findings are required for approval of an Environmental
and Design Review Permit:
A. That the proposed 999 3rd Street BioMarin/Whistlestop/Eden Housing project is in accord with the General
Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located. A
Exhibit 2g
Exhibit 2g-7
detailed discussion of the project’s consistency with the applicable General Plan policies is provided in Use
Permit findings above, and in matrix format in the General Plan Consistency Analysis included in the staff
report. Detailed discussion of the project’s consistency with the applicable Zoning criteria is provided in
matrix format in the General Plan Consistency Analysis, which is on file with the Community Development
Department. The discussion demonstrates that the project is generally consistent with the applicable Zoning
criteria.
B. The proposed project complies with the design related criteria of Chapter 14.25 Environmental and Design
Review Permits in that:
1) The project does not interrupt major views of Mt. Tamalpais and surrounding hills;
2) The site design provides for good vehicular, bicycle and pedestrian circulation and access;
3) The front, north and south side elevations of the proposed buildings have appropriate level of massing and
articulation combined with the types and colors of materials to create interest;
4) The main vehicular and pedestrian access between the street and the buildings are oriented toward the
building entry thereby creating a sense of entry;
5) The DRB has determined that the proposed design provides appropriate variation in structure placement
and height;
6) The proposed landscaping generally conforms.
7) Project architecture with appropriate massing, articulation, building colors and natural materials in earth
tone colors with the blue color providing accent to the color palette, is harmoniously integrated in relation
to the architecture in the vicinity in terms of colors and materials, scale and building design.
8) This proposed parking requirements for this campus include a requirement for 3.0 parking spaces per
1,000 square feet of gross square feet (GSF) for general office uses, 1.5 parking spaces per 1,000 GSF for
laboratory/research and development uses, and 1.0 spaces per 1,000 GSF of amenity uses for the newly
expanded San Rafael Corporate Center PD District. The adequacy of the proposed parking standards
have been evaluated and demonstrated that they are adequate to support the parking demand from the
proposed use.
C. That 999 3rd Street BioMarin/Whistlestop/Eden Housing project design minimizes adverse environmental
impacts in that:
1) A FEIR has been prepared and recommended for certification for the Project pursuant to the provisions of
the California Environmental Quality Act (CEQA), which finds that all potentially significant project
impacts related to health and safety can be adequately mitigated to a less-than-significant level with the
implemented mitigation measures outlined in the approved Mitigation Monitoring and Reporting Program
(MMRP), for which compliance is required by conditions of this approval.
2) That there is a conflict with the San Rafael General Plan 2020 Land Use Element Policy LU-2
(Development Timing) and Circulation Element Policy C-5 (Traffic Level of Service), because of the
significant and unavoidable traffic impacts to the local circulation network, which would result from the
proposed project. According to Public Resources Code, Section 21082.2, subdivisions (a) and (e), the
lead agency (City) is tasked with determining the significance of impacts and statements in an FEIR are
not determinative of significance. As set forth in the CEQA findings for this project, recommended by
the Planning Commission by separate resolution, the City has conservatively found that the project will
lead to significant and unavoidable impacts related to the potential consistency issue.
3) The City, however, has determined that the project is consistent with all of the pertinent General Plan
goals and policies, including Policies LU-2 and C-5. Specifically, Policy C-5 allows the City to approve
projects that exceed the level of service (LOS) standards if it finds that the benefits of the project to the
Exhibit 2g
Exhibit 2g-8
community outweigh the resulting traffic impacts. The project, therefore, meets the traffic standards set
forth in the San Rafael General Plan 2020. Further, because the project meets the traffic standards set
forth in Policy C-5, and other infrastructure such as water and sewer is in place, the project is consistent
with Policies LU-2. As explained in the FEIR, per CEQA Guidelines Section 15063, in order to adopt the
proposed amendment to the San Rafael General Plan 2020, the City must weigh the benefits of the project
against the unavoidable, adverse environmental (traffic) effects of the project and adopt a statement of
overriding consideration. Similar findings are required by San Rafael General Plan 2020 Circulation
Element Policy C-5D (Evaluation of Project Merits) and Program C-5c (Exception Review), which
permits the City to approve a project that exceeds the LOS standards if the City finds that the project’s
benefits to the community outweigh the project’s traffic impacts.
4) The Planning Commission finds that an Exception to the Level of Standards per Circulation Element
Policy C-5c is warranted and granted based on the fact that the project provides significant community
benefits and based on the economic, social, technological and/or other benefits of the project to the
community substantially outweigh the project’s impacts on circulation. Specifically, this action would
provide desired public benefits and amenities as described in the modified General Plan Exhibit 10,
including: Affordable housing (minimum 60 units), a privately-owned public plaza (5,000 sq. ft. or more
in size), a community facility (e.g. senior center, 10,000 sq. ft. or more in size), pedestrian crossing safety
improvements at adjacent intersections, and donation of funds for development of bike lanes. These
public benefits would be consistent with other public benefit requirements for height bonuses for
developments in the downtown area. In addition, the proposed project will contribute $500,000 to
synchronize traffic lights and $400,000 to the City transportation and pedestrian initiatives.
5) Furthermore, the Commission finds that all feasible mitigation measures have been required of the
project, including those identified in the project Final EIR that ensure temporary air, noise, and other
construction related impacts would be less than significant. In addition, the Final EIR recommends
several transportation related mitigation measures including Transportation Demand Management and
infrastructure improvements that will reduce potential pedestrian and bicycle impacts to less than
significant levels.
6) Statement of Overriding Considerations has been prepared and recommended for adoption by separate
Resolution to address impacts that could not be mitigated to less than significant levels. The Statement of
Overriding Consideration concludes that the Project would not be detrimental to public health, welfare of
safety, given the fact that, through adoption of a separate statement of overriding considerations to four
potential impacts to land use and transportation associated with the development of the project, the City
of San Rafael has determined that the project has b alanced the economic, legal, social, and
technological benefits of the proposed project against its unavoidable environmental impacts when
determining to approve the project. The project benefits outweigh the unavoidable adverse
environmental effects and are considered “acceptable” and a statement of overriding considerations has
been adopted and supported by substantial evidence in the record.
7) The project design would not result in potential adverse environmental impacts that cannot be mitigated
with specific mitigation measures, as documented in the FEIR for this project. A separate resolution
adopting the FEIR has been prepared.
D. The design of the 999 3rd Street BioMarin/Whistlestop project, together with the conditions applicable thereto,
will not be detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, or to the general welfare of the City, given that; an EIR has been prepared for
the project identifying potential environmental impacts resulting from the project. All potential adverse
environmental impacts have been determined to be either no impact, less-than-significant, or less-than-
significant with implementation of mitigation measures, with the exception of the impacts to level of service
to the local circulation network. There is no feasible mitigation for impacts to local intersections and the
Exhibit 2g
Exhibit 2g-9
project sponsor requests the Commission adopt a Statement of Overriding Considerations to allow the
significant unavoidable impact, based on the public benefits of the project.
1) The proposed project has been reviewed by appropriate City departments. Conditions of approval
recommended by other departments have been applied to minimize potential adverse visual, design, and
safety impacts to the project site and adjacent properties; and
2) The proposed Planned Development Zoning amendment to add the 118,099 sq ft of land area for
development of 207,000 sq ft of laboratory and general office to the allowable uses under the revised San
Rafael Corporate Center Planned Development would be consistent with the “2/3 MU” General Plan land
use designation for this site and research and development and general office uses would be consistent
with the PD land uses allowances as adopted by the amended PD zoning.
Findings for Small Subdivision (S18-001)
In accordance with SRMC 15.03.070. Findings, the following findings are required for approval of a Small
Subdivision:
A. The proposed map is consistent with the San Rafael general plan and any applicable, adopt ed specific plan
or neighborhood plan in that it creates two distinct development areas consistent with surrounding
development. The proposed map will create a mixed -use district that furthers the development of
downtown San Rafael and promotes the “Alive after Five” policy;
B. The design or improvement of the proposed subdivision is consistent with the San Rafael general plan and
any pertinent, adopted specific plan or neighborhood plan in that the proposed project is consistent with
Neighborhood Element Policy NH-40 (Second Third Mixed Use District) and NH-41 (Second Third Mixed
Use District Design Considerations), by promoting a high-quality mixed-use development in the downtown
designated areas and Economic Vitality Element Policies EV-2 (Seek, Retain and Promote Businesses that
Enhance San Rafael), EV-4 (Local Economic and Community Impacts), EV-8 (Diversity of our Economic
Base), and EV-13 (Business Areas) by broadening, with limited application, the uses that are permitted in
areas that are designated for general commercial and office land uses;
C. The property subject to subdivision is physically suitable for the type or density of development that is
proposed in that the proposed project is similar in size and scope of the neighboring San Rafael Corpora te
Center and includes much needed senior affordable housing in the downtown area ;
D. The property subject to subdivision is physically suitable for the density of development that is proposed in
that the proposed project will be consistent with the density and type of development occurring in the San
Rafael Corporate Center, and provides senior affordable housing near existing infrastructure and public
transit;
E. The design of the subdivision or the proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that an EIR
has been prepared to assess potential environmental impacts and most potential impacts can be reduced to
less than significant levels with recommended mitigation measures. Through adoption of a separate
statement of overriding considerations to four potential impacts to land use and transportation associated
with the development of the project, the City of San Rafael has determined that the project has balanced the
economic, legal, social, and technological benefits of the proposed project against its unavoidable
environmental impacts when determining to approve the project. The project benefits outweigh the
unavoidable adverse environmental effects and are considered “acceptable” and a statement of overriding
considerations has been adopted and supported by substantial evidence in the record. The Final EIR for the
proposed project does not identify any potential impact areas related to fish or wildlif e habitat;
Exhibit 2g
Exhibit 2g-10
F. The design of the subdivision or the type of proposed improvements is not likely to cause serious health
problems in that the proposed project would provide desired public benefits and amenities as described in
the modified General Plan Exhibit 10, including: Affordable housing (67 senior affordable units), a
privately-owned public plaza (approximately 6,000 sq. ft.), a community facility (18,000 sq. ft. senior
center), pedestrian crossing safety improvements at adjacent intersections, and donat ion of funds for
development of bike lanes. These public benefits would be consistent with other public benefit
requirements for height bonuses for developments in the downtown area ; and
G. The design of the subdivision or the type of proposed improvements w ill not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed subdivision. In
this connection, the city may approve the map if it is determined that alternative easements, for access or
for use, will be provided, and that these will be substantially equivalent to ones previously acquired or
secured for public use.
Findings for Sign Program Amendment (SP18-006)
In accordance with SRMC 14.19.046. Findings, the following findings are required for approval of a Sign
Program Amendment Permit:
A. The signs contained in the amended BioMarin/Whistlestop/Eden Housing Sign program have common design
elements placement, colors, architecture, materials, illumination, type, shape, letter size and letter type as the
existing Sign Program for the San Rafael Corporate Center that governs the existing BioMarin campus;
B. All of the signs contained in the program are in harmony and scale with the materials, architecture, and other
design features of the buildings and property improvements they identify, and the program is consistent with
the general design standards specified in Section 14.19.054; and
C. The amount and placement of signage contained in the program is in scale with the subject property and
improvements, as well as the immediately surrounding area.
Density Bonus /Concessions/Waivers Findings
A. The Whistlestop component of the project complies with the City’s affordable housing requirement, pursuant
to SRMC Section 14.16.030, by providing 100 % of the 66 units as “affordable” or Below-Market-Rate
(BMR) units, and one unit reserved for an on-site manager. All 66 of the affordable units would be affordable
at Low or Very Low-income levels.
B. By meeting the City’s affordable housing requirement of 20%, the project is eligible for up to a 35% density
bonus, or 9 units, above the maximum of 25 units allowed on the 15,000 sq ft site. In addition, the project is
eligible for up to 3 concession and unlimited waivers under the State Density Bonus law.
C. By also meeting the City’s affordable housing requirement, the project is automatically eligible for a twelve-
foot (12’) height bonus under both the General Plan and SRMC Section 14.16.190, from 54’ to 66’.
D. The project proposes two (2) discretionary concessions/waivers:
1) To achieve the proposed 67 units, a Concession is requested for proposed density above the base” total of
34 units (including the 35 percent density bonus).
2) To achieve the proposed 70-foot height a Concession is requested for proposed height increase from
maximum height of 66 ft (based on 54-ft base height, plus 12-ft bonus).
Exhibit 2g
Exhibit 2g-11
E. The additional density above the 35% and the 4 additional feet above the 12 ft established height bonus are
considered major concessions (SRMC 14.16.030.H.3.b.v) and therefore are subject to approval of the City
Council and require that the applicant demonstrate through a financial pro forma that the concessions are
needed to make the project financially feasible.
F. Based on SRMC 14.16.030.H.2, the City may, at its sole discret ion, grant a density bonus exceeding the
state minimum requirements where the applicant agrees to construct a greater number of affordable housing
units than required pursuant to subsection (B)(2) of this section and necessary to qualify for the density
bonus under this section. If such additional density bonus is granted by the city and accepted by the
applicant, the additional density bonus shall be considered an additional concession or incentive for
purposes of Section 65915. Given that the project prop oses 100% of the 67 units as affordable for senior,
the City finds that the 100% affordability provides a significant public benefit
G. Based on the fact that the project provides all 66 of the 67 units as affordable units to low and very low
income households and supported by the financial pro forma that demonstrates that the additional density and
concessions are necessary to make the 100% affordable housing project feasible, the City hereby grants the
additional density above the 35% density bonus to allow 67 units on the site and the concessions/waivers
(proposed density bonus and proposed height bonus) as requested by the project.
BE IT FURTHER RESOLVED, that the Planning Commission recommends to the City Council the
approval of Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087), Small Subdivision
(S18-001) and Sign Program Amendment (SP18-001) for the 999 3rd Street BioMarin/Whistlestop/Eden Housing
project subject to the following conditions:
Master Use Permit (UP18-034)
Conditions of Approval
Community Development Department, Planning Division
1. This Master Use Permit for the San Rafael Corporate Center approved a maximum of 715,519 sq. ft. of
building area within eight (8) office buildings, which is composed of four areas:
a. Western Parcels - 775 Lindaro St parking garage (APN 013 -012-38) and 755 Lindaro St parking lot
and future office and Research and Development building (APN 013 -012-39)
b. Central Parcels -750 Lindaro St office building (APN 013-021-53), 770 Lindaro St office building (APN
013-021-54), 770 Lindaro St office building (APN 013-021-55), 781 Lincoln Ave office building (APN
013-021-52), 791 Lincoln Ave office building (APN 013-021-51)
c. Eastern Parcel – 788 Lincoln Ave parking garage (APN 013-021-50)
d. Northern Parcel – 999 3rd St office and research and development buildings (APN portion of 011-265-01)
2. The approved uses within this campus include administrative office, general office and
research/development uses and ancillary uses, as follows.
a. Administrative and General Office Use. These uses are defined by the San Rafael Municipal Code,
Title 14 (Zoning);
b. Research and Development Use. Research and Development use is defined as a use engaged in
scientific, medical or technological research with limited product te sting and production. This use
excludes full production industrial -type manufacturing and generally operates similar to and
Exhibit 2g
Exhibit 2g-12
characteristic of low-intensity, general office use. Medical laboratories established for research (as
opposed to labs providing tes ting 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 a ny provisions for
additional on- site parking (over and above that approved for general and administrative office use).
c. Ancillary Uses - 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, including such
uses as lobbies, conference rooms, employee spaces for gathering and or food consumption, gyms,
amphitheaters, and other non-permanent general office spaces.
Residential and day care land uses are prohibited on the San Rafael Corporate Center campus by a
recorded property deed restriction, described in condition 3, below.
3. The Use Permit approves the continued occupancy of the five (5) existing buildings and two (2) existing
parking garages. In addition, the Use Permit approves the development and occupancy of three new
buildings (two (2) new buildings at 999 3rd St and one (1) new building 755 Lindaro St) and an
expansion to the Lincoln Ave parking garage as follows:
a. Two new buildings at 999 3rd St are allowed up to a total of 207,000 sq ft.
b. The new building at 755 Lindaro St is allowed to be up to 73,396 sq ft.
a. Six story expansion (256 spaces) to the southern end of the existing six (6) Lincoln Ave parking garage
and 41 surface parking spaces at the southern end of the garage expansion
4. The Master Use Permit approves the existing uses and building on the campus and the development of
the three new buildings in accordance with the terms of the Development Agreement (DA19 -001). The
Development Agreement establishes a 10-year term, from the date of approval, until 2030
for the 999 Third St., 755 Lindaro St. and Lincoln Parking Structure expansion provided:
a) If BioMarin has not commenced construction of 999 Third St. by the 6th anniversary of the effective date
of the DA, then BioMarin shall construct the Class II Bike lane along Lindaro from 3rd to Anderson as
described in new obligation #5 and the improvements to the 2nd and Lindaro intersection per new
obligation #8, below;
b) If BioMarin has not commenced construction of second building at 999 Third Street by the 8th anniversary
of the effective date of the DA, the vesting of the entitlements for the development of 755 Lindaro Street
will expire; and.
c) Annually, on request by the City, BioMarin will report to the City on the status of its development plans
related to the DA.
The effective date for this use permit shall be the effective date of the Ordinance adopted for the
Planned Development (PD) District Zoning.
5. The Master Use Permit appr oves 185 surface parking spaces on the Western Parcel (south of Second
Street, west of Lindaro Street) and surface parking and a six story addition to the 788 Lincoln Avenue
parking garage on the Eastern Parcel (south of Second Street, east of Lincoln Aven ue) totaling 297
spaces (256 structured spaces and 41 surface). These parcels are restricted to parking use and
landscaping only. As required by the subdivision map for the San Rafael Corporate Center (RM 2002 -
185, recorded September 2002), a restrictive c ovenant has been recorded on the subdivision map to
encumber the Western and Eastern Parcels, ensuring that any conveyance of these parcels shall include a
Exhibit 2g
Exhibit 2g-13
reservation or grant of easement to the benefit of the Central Parcel (office park described in cond ition 1
above) to provide parking required by this Use Permit and the San Rafael Corporate Center
Environmental and Design Review Permit (ED97-24).
6. Use of the Western, Central and Northern 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.
A portion of the 999 3rd St site (northern parcel) is proposed to be subdivided and transferred to
Whistlestop/EDEN Housing for development of a healthy aging campus and senior housing. The new lot to
be transferred to Whistlestop/EDEN Housing is neither part of the Master Use Permit nor the Planned
Development (PD) District. Furthermore, that entire northern parcel is currently undergoing soils remediation
with the intention to have the deed restriction prohibiting residential or day care uses removed.
7. This Master Use Permit approve an 20-foot height bonus (General Plan Exhibit 10 height Bonus)
for the two new buildings on the 118,099 square foot portion of 999 3 rd street. The height bonus is
granted based on the criteria in Exhibit 10 of the General Plan by providing the following benefits:
• Donation of land for 67 units of Affordable housing
• Privately owned public plaza (6,000 sq. ft.)
• The provision Community facility (e.g. senior center, 18,000 sq. ft. or more in size)
• Pedestrian crossing safety improvements at adjacent intersections
• Donation of funds for development of bike lanes
8. This Master Use Permit reaffirms the previously granted height bonus for development of the for
four of the existing office buildings: 750 Lindaro St, 770 Lindaro St, 790 Lindaro St and 791
Lincoln Ave) on the Central Parcel. These public benefits include :
a. Provision of permanent, public acce ss, use and availability of the landscaped park area located
on the south side of the office campus (south of and between 750 Lindaro St and 781 Lincoln
Ave, bordered on the south by Mahon Creek). The park area shall be owned, in -fee, and
permanently maint ained by the property owner and/or the association of owners within the
office park. A permanent public access easement has been recorded over the park area as part of
the San Rafael Corporate Center subdivision map (RM 2002 -185). The public use of this park
area shall be subject to the following conditions:
b. Provision of a 2,500 sq. ft. conference/meeting space that is currently in 750 Lindaro St for use by public,
subject to terms and regulations.
General Park Use
a. For day-to-day general use, the park are a shall be permanently accessible to the public, year round
(365 days) and during the daylight hours (dawn to dusk).
b. The property owners and/or the association of owners within the office park shall be responsible
for daytime and evening security of the park area.
c. Fencing and security gates shall be provided and permanently maintained at both the Lindaro St
and Lincoln Ave entrances to the park area (south of 750 Lindaro St and 791 Lincoln Ave). The
security gates shall be left open during the daylight hour s and closed after dark. Signage shall be
installed at these entrance gates identifying the park and hours for public access.
Exhibit 2g
Exhibit 2g-14
Special Events and Activities
a. Public use of the park area, and the 2,500 square foot conference/meeting room space (currently
in 750 Lindaro St, but may be moved to any other building on campus). 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.
b. The facilities shall be available for community use at minimum, as follows:
i. 5:00 PM to 10:00 PM, Monday through Friday.
ii. 8:00 AM to 6:00 PM, Saturdays and Sundays.
c. First priority for use of the park area and the 2,500 square foot conference/meeting room space
(currently provided in 750 Lindaro St, but may be moved to any other building on the campus)
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.
d. Use of the park area for special events and activities shall include public access to restrooms and
water fountains located within 750 Lindaro St and 781 Lincoln Ave. If these facilities are not
available, portable restrooms shall be provided in the park area at no cost to the user
e. Users of the park area and the 2,500 square foot conference/meeting room space (currentl y provided
in 750 Lindaro, but may be moved to any other building on the campus) 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.
f. The 2,500 sq ft conference meeting room space available for public use is currently located in 750
Lindaro St, but may be moved to any other building within the campus, as long as the size, functionality,
and amenities are consistent with the current conference/meeting room and consistent with the rules
identified above
9. This Use Permit approves a parking ratio of
a. 3.0 parking spaces per 1,000 square feet of gross office building area,
b. 1.5 parking spaces per 1,000 square feet of gross laboratory/research and development building area,
and
c. 1.0 parking spaces per 1,000 square feet of gro ss amenities and administrative building area
development uses.
10. Within 60 days of the approval of the Use Permit, BioMarin will incorporate the following provisions into an
enforceable deed restriction for the campus (Western, Central parcels, Eastern Parcel and Northern Parcels),
except the portion transferred to Whistlestop/EDEN Housing):
a. Changes in tenancy or use (change to multiple tenant occupancy, 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)
Exhibit 2g
Exhibit 2g-15
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).
11. As required by the previously executed D evelopment Agreement (DA11-001), all surface parking lots
within the greater San Rafael Corporate Center Campus shall be made available to the public from
midnight to 6:00am and from 6:00pm to midnight on Monday through Friday and all hours on Saturday
and Sundays. A permanent sign shall be posted and maintained at the vehicle entrances to all surface
parking lots stating the public parking hours. The property owner shall not charge for public parking
without the approval of the City. Approval of a charge f or parking shall not be unreasonable withheld,
provided that the proposed charges are not substantially and materially higher than the amounts charged
by the City for City-owned parking facilities in the Downtown San Rafael.
12. As required by the current Development Agreement executed for this project (DA19-001), the following
public benefits shall be provided and maintained (where applicable):
a. Provide Whistlestop the portion of 999 Third St. for senior housing development through a land swap for
the Lindaro corporation yard, which due to the delta in value of the two properties results in BioMarin’s
donation of $1.2M to support the development of the healthy aging center and affordable senior housing.
b. Contribute, $400,000 to the City of San Rafael for purposes of implementing a first mile/last mile shuttle
service or for other traffic/circulation/parking improvement measures as determined by the City. This may
be payable in full at the first anniversary of the DA, or $125,000 each year (commencing on the first
anniversary of the DA) for 4 years.
c. Remediate a brownfield in the heart of downtown San Rafael, resulting in BioMarin out of pocket costs of
over $2M and total remediation costs of over $16M.
d. Contribute $500,000 to the City of San Rafael towards the synchronization of traffic lights along the 2nd
and 3rd Street corridors to improve traffic flow or for other traffic/circulation/parking improvement
measures as determined by the City. This may be payable in full at the first anniversary of the DA, or
$125,000 each year (commencing on the first anniversary of the DA) for 4 years
e. Add Class II Bike lane along Lindaro from 3rd to Anderson with completion of Phase I
f. 6,000 sf Public Plaza “Front Porch” to follow the same rules as the park available for public use listed
above
g. 3,500 sf Retail open to public during regular business hours
h. Improve intersection of 2nd & Lindaro with completion of Phase I.
i. Allow the City to utilize up to 70% of the 999 Third Street parcel (the exact layout to be reasonably
negotiated so as to maximize the utility of each portion) retained by BioMarin for public parking and
ancillary uses (such as food truck market, etc.) until such time as commencement of construction
activities for either building on the parcel, so long as City is responsible for all liability related to the
public’s use of parcel, including, without limitation, all security, sanitation and janitorial.
13. BioMarin, or any successive owner or lessor of the site, shall continue and expand the implementation of a
Transportation Demand Management (TDM) program that focuses on reducing vehicle trips and improving
traffic flow.
a. BioMarin, or any successive owner or lessor of the site, shall generate at least 15 percent fewer vehicle
Exhibit 2g
Exhibit 2g-16
trips on a daily, AM peak hour, and PM peak hour basis (i.e., 1,584 daily, 173 AM peak hour, and 162
PM peak hour trips) as compared to those projected by the project applicant.
b. BioMarin and any successive owner or lessor of the site shall monitor, on an annual basis, all traffic
generated at the site, including single-occupant vehicles, carpools, pedestrian and bicycle trips, and public
transit use, to gauge success and promote appropriate measures to retain vehicle trip rates at, or below, the
current trip rates.
c. BioMarin, or any successive owner or lessor of the site, shall submit an annual TDM monitoring report to
the City of San Rafael for City review. (MM TRANS-1)
Environmental and Design Review Permit (ED18-087)
Conditions of Approval
General and On-Going
Community Development Department, Planning Division
1. The building techniques, colors, materials, elevations and appearance of the project, as presented to the
Planning Commission at their January 28, 2020 hearing, labeled 999 3rd Street BioMarin/Whistlestop/Eden
Housing project, and on file with the Community Development Department, Planning Division, shall be the
same as required for issuance of all building and grading permits, subject to these conditions. Minor
modifications or revisions to the project shall be subject to review and approval of the Community
Development Department, Planning Division. Further modifications deemed not minor by the Community
Development Director shall require review and approval by the original decision making body, the Planning
Commission, and may require review and recommendation by the City’s Design Review Board. (Applies to
both components of project)
2. The approved colors for the project are on file with the Community Development Department, Planning
Division. Any future modification to the color palette shall be subject to review and approval by the Planning
Division and those modifications not deemed minor shall be referred to the Design Review Board for review
and recommendation prior to approval by the Planning Division. (Applies to both components of project)
3. Within five (5) days of project approval, the project sponsor shall remit payment of the State Fish and Game
fees in order for staff to file a Notice of Determination with the County Clerk within 5 days of project
approval. The current fee amounts are $3,343.25 payable to the State Fish and Game and $50.00 payable to
the Marin County Clerk and are subject to increase. (Applies to both components of project)
4. The project sponsor shall be responsible for implementing all mitigation measures presented in the Project’s
Final Environmental Impact Report (FEIR), on file with the Community Development Department, including
any mitigation measures that may not have been incorporated into the Project conditions of approval. A
deposit for Mitigation Monitoring shall be paid as required herein. (Applies to both components of project)
5. All required mitigation measures are identified in the Mitigation Monitoring and Reporting Program (MMRP)
as recommend for adopted by separate Resolution and included as conditions of approval. (Applies to both
components of project)
6. BioMarin/Whistlestop/Eden Housing agree to defend, indemnify, release and hold harmless the City, its
agents, officers, attorneys, employees, boards and commissions from any claim, action or proceeding brought
against any of the foregoing individuals or entities ("indemnities"), the purpose of which is to attack, set
aside, void or annul the approval of this application or the certification of any environmental document which
accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney
Exhibit 2g
Exhibit 2g-17
fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant,
third parties and the indemnities, arising out of or in connection with the approval of this application, whether
or not there is concurrent, passive or active negligence on the part of the indemnities. (Applies to both
components of project)
7. In the event that any claim, action or proceeding as described above is brought, the City shall promptly notify
BioMarin/Whistlestop/Eden Housing of any such claim, action or proceeding, and the City will cooperate
fully in the defense of such claim, action, or proceeding. In the event BioMarin/Whistlestop/Eden Housing is
required to defend the City in connection with any said claim, action or proceeding, the City shall retain the
right to: 1) approve the counsel to so defend the City; 2) approve all significant decisions concerning the
manner in which the defense is conducted; and 3) approve any and all settlements, which approval shall not
be unreasonably withheld. Nothing herein shall prohibit the City from participating in the defense of any
claim, action or proceeding, provided that if the City chooses to have counsel of its own to defend any claim,
action or proceeding where BioMarin/Whistlestop/Eden Housing already has retained counsel to defend the
City in such matters, the fees and the expenses of the counsel selected by the City shall be paid by the City.
(Applies to both components of project)
8. As a condition of this application, BioMarin/Whistlestop/Eden Housing agrees to be responsible for the
payment of all City Attorney expenses and costs, both for City staff attorneys and outside attorney consultants
retained by the City, associated with the reviewing, process and implementing of the land use approval and
related conditions of such approval. City Attorney expenses shall be based on the rates established from time
to time by the City Finance Director to cover staff attorney salaries, benefits, and overhead, plus the actual
fees and expenses of any attorney consultants retained by the City. Applicant shall reimburse City for City
Attorney expenses and costs within 30 days following billing of same by the City. (Applies to both
components of project)
9. All site improvements, including but not limited to, site lighting, fencing, landscape islands and paving
striping shall be maintained in good, undamaged condition at all times. Any damaged improvements shall be
replaced in a timely manner. (Applies to both components of project)
10. All fencing shall be installed and maintained in a good, undamaged condition. Any damaged portions shall be
replaced in a timely manner. (Applies to both components of project)
11. The Project site shall be kept free of litter and garbage. Any trash, junk or damaged materials that are
accumulated on the site shall be removed and disposed of in a timely manner. BioMarin/Whistlestop/Eden
Housing shall institute a program to provide regular cleanup of the parking lot, parking structure and the site
facility, as well as all other areas immediately around the new parking structure and office building (Applies
to both components of project)
12. The project and this Environmental and Design Review Permit (ED18-087) shall be subject to all terms and
obligations and benefits of the Development Agreement (DA19-001), adopted by separate Resolution..
13. All new landscaping shall be irrigated with an automatic drip system and maintained in a healthy and thriving
condition, free of weeds and debris, at all times. Any dying or dead landscaping shall be replaced in a timely
fashion. (Applies to both components of project)
14. The project applicant shall maintain landscaping at project driveways to avoid sight distance conflicts. Shrubs
shall not be higher than 30 inches and tree canopies shall be at least 7 feet from the ground. (MM TRANS-
7a) (Applies to both components of project)
Exhibit 2g
Exhibit 2g-18
15. The City of San Rafael shall prohibit parking at least 20 feet in advance and 20 feet behind each of the
project’s six driveways. (MM TRANS-7b) (Applies to both components of project)
16. This Environmental and Design Review Permit shall run with the land and shall remain valid regardless of
any change of ownership of the project site, subject to these conditions, provided that a building/grading
permit is issued and construction commenced or a time extension request is submitted to the City’s
Community Development Department, Planning Division, within ten (10) years of this approval, or until
2030, and subject to the terms and conditions of the Development Agreement. Failure to
obtain a building permit or grading permit and construction or grading activities commenced, or failure to
obtain a time extension within the two-year period will result in the expiration of this Environmental and
Design Review Permit.
17. This Environmental and Design Review Permit (ED18-087) shall run concurrently with the Master Use
Permit (UP18-034), Small Subdivision (S18-001) and Sign Program Amendment (SP18-006) approvals. If
either entitlement expires, this Environmental and Design Review Permit approving the Project, as depicted
on Project plans, shall also expire and become invalid.
Prior to Issuance of Grading/Building Permits
Community Development Department, Planning Division
18. BioMarin/Whistlestop/Eden Housing shall be responsible for all costs associated with mitigation monitoring
and shall remit an initial deposit in the amount of $5,000.00 for mitigation monitoring and condition
compliance. Staff shall bill time against this deposit amount during Project review and implementation of the
Project and monitoring of Project conditions, to assure compliance with conditions and mitigation measures
has been achieved. (Applies to both components of project)
19. Any outstanding Planning Division application processing fees, including payment of EIR consultant and
contract planner, shall be paid prior to issuance of the first construction permit. (Applies to both components
of project).
20. Final landscape and irrigation plans for the Project shall comply with the provisions of Marin Municipal
Water District’s (MMWD) most recent water conservation ordinance. Construction plans submitted for
issuance of building/grading permit shall be pre-approved by MMWD and stamped as approved by MMWD
or include a letter from MMWD approving the final landscape and irrigation plans. Modifications to the final
landscape and irrigation plans, as required by MMWD, shall be subject to review and approval of the
Community Development Department, Planning Division. (Applies to both components of project)
20. A Construction Management Plan (CMP) shall be prepared and submitted to the Planning Division for review
and approval by the Planning Division and Department of Public Works. The CMP shall include (Applies to
both components of project):
:
a. Projected schedule of work
b. Projected daily construction truck trips
c. Proposed construction truck route, including where trucks will stage if they arrive prior to the allowable
hours of construction
d. Location of material staging areas
e. Include all limitations, conditions of approval or mitigation measures that are required during construction
f. Identify location of construction trailers and of construction worker parking
g. Dust control program
Exhibit 2g
Exhibit 2g-19
h. Statement that the project shall conform to the City’s Noise Ordinance (Chapter 8.13 of the San Rafael
Municipal Code) as modified by Condition #113 (ED18-034) above which limits the days and hours of all
grading and construction activities,
i. Statement that no construction truck traffic shall encroach into any of the surrounding residential
neighborhood streets at any time,
j. Statement that the existing roadway conditions on 2nd and 3rd Streets shall be memorialized on digital
recording format prior to the start of construction and that the project sponsor shall be required to repair
any roadway damage created by the additional construction truck traffic.
k. Identify the name, phone number and contact information for an on-site construction manager who is
responsible to implement the CMP
l. In the event that the CMP is conflicting with any conditions imposed by the grading permit for the
project, the more restrictive language or conditions shall prevail.
m. It is the responsibility of the owner/applicant to ensure that the final and approved CMP be included as a
requirement in the construction contract with contractors and subcontractors, bid documents and
distributed to contractors (Applies to both components of project)
n. Truck routes shall be reviewed and approved by the City Department of Public Works. Hauling shall be
limited to one truck in and one truck out per 15 minutes during the AM and PM peak unless otherwise
permitted by the Department of Public Works.
21. All mechanical equipment (i.e., air conditioning units, meters and transformers) and appurtenances not
entirely enclosed within the structures (on side of building or roof) shall be screened from public view. The
method used to accomplish the screening shall be indicated on the building plans and approved by the
Planning Division. (Applies to both components of project)
22. The project shall mitigate potential air quality impacts associated with construction and grading activities by
preparing and submitting a Dust Control Plan to the City of San Rafael Community Development Department
for review and approval, prior to issuance of a grading permit. (MM AIR-1) (Applies to both components of
project)
23. The project shall reduce the potential exposure by the public to hazardous materials such as asbestos or lead
during proposed demolition activities, by preparing a hazardous material remediation plan. Submit the plan to
the City of San Rafael Community Development Department for review and approval prior to issuance of a
demolition permit. (MM HAZ-1) (Applies to both components of project)
24. The project shall mitigate operational noise by incorporating sound-rated OITC24 windows along and near
the 2nd Street façade and standard double-paned windows at all other facades into the construction drawings.
Further, all habitable rooms with exterior noise exposures greater than 60 Ldn will require alternative
ventilation per Title 24. A post-construction Acoustical Analysis, by a qualified Acoustic Engineer, shall
confirm that the project complies with maximum interior noise exposure limits of 45 Ldn and shall be
submitted to the Community Development Department. (MM NOISE-1) (Whistlestop component of the
project)
25. Prior to issuance of a building permit, or any construction permit for development of the Whistlestop
component of the project on the 15,000 sq ft portion of the site, the applicant/property owner shall submit
proof of rescission of the deed restriction currently recorded on the Whistlestop portion of the property by the
Department of Toxic and Substance Control (DTSC) which restricts residential uses on the 999 3rd St site.
Once it has been demonstrated that the deed restriction has been rescinded, construction permits may be
issued (subject to other conditions and requirements for issuance of a permit). (Applies to Whistlestop
component of project)
Exhibit 2g
Exhibit 2g-20
26. The project has requested and received a density bonus in excess of the 35% maximum allowed by the State,
by providing 100% of the units as affordable to seniors at low and very low income levels. Prior to issuance
of a building permit, the property owner shall record a BMR agreement on the property, deed-restricting the
income level for occupancy of the affordable units. (Applies to Whistlestop component of the project)
27. Prior to the approval of building permits, the applicant shall provide the City of San Rafael with a letter from
the Department of Toxic Substances Control (DTSC) indicating that the infiltration proposed by the post -
construction stormwater management plans would not lead to the spread of existing groundwater
contamination or interference with the effectiveness of the groundwater extraction and treatment system
located adjacent to the south and southeast of the project site. If DTSC indicates that restrictions to infiltration
are necessary, then the post-construction stormwater management plan shall be modified, as appropriate, to
limit infiltration. For example, the pervious pavements and bioretention facilities could be underlain by a low
permeability liner that would limit infiltration to the subsurface. Any changes to the post-construction
stormwater management plan must be approved by DTSC and the City Engineer prior to approval of building
permits. (MM HYDRO-1) (Applies to both components of project)
28. The project applicant shall incorporate the recommendations of the preliminary hydrology study into the
project design, and shall complete a final hydrology study based on the final design of the proposed project.
The final hydrology study shall verify that peak flows to individual points of drainage around the project site
would be limited to at or below existing levels under the final project design, or shall provide
recommendations to achieve these limits. The project applicants shall implement all of the recommendation of
the final hydrology study. Prior to the issuance of a grading permit and building permit, the applicants shall
demonstrate to the satisfaction of the City Engineer that the recommendations of the final hydrology and
hydraulic study have been incorporated into the project grading plans and building plans. (MM HYDRO-2)
(Applies to both components of project)
29. Project construction shall abide by the City of San Rafael’s provisions regarding transportation and parking
management during construction activities. In addition, the project applicants shall develop a demolition
construction traffic management plan defining hours of operation, specified truck routes, and construction
parking provisions. This plan shall be prepared by the applicants and approved prior to issuance of a building
permit by the City of San Rafael Department of Public Works. The project applicants shall ensure that any
parking losses associated with construction vehicles do not affect parking availability on downtown streets.
(MM TRANS-5) (Applies to both components of project)
30. SRMC 14.16.030.I.2 prescribes the process and standards and also allows the Community Development
Director to determine the number of affordable employees based on comparable employee densities.
Therefore, based on the employment densities proposed in these new buildings, the standard used to
determine the number of affordable units is 0.01625/1,000 sq ft of gross floor area. For this particular project,
that would result in the requirement for 3.36 affordable units to be provided by the 207,000 sq ft of new
building (207 * .01625 = 3.36 affordable units). The current in-lieu fee for one affordable unit is $343,969.47,
therefore the in-lieu fee amount that would be required is $1,155,737.42. This fee shall be paid prior to the
issuance of the building permit for the 1st BioMarin building. (BioMarin component of project)
a. The Development Agreement (DA) approved for this project vests the affordable housing in lieu fee
amount at the current rate of $343,969.47 for the 10-year term of the DA.
31. All submitted building permit plan sets shall include a plan sheet incorporating these conditions of approval.
(Applies to both components of the project)
Exhibit 2g
Exhibit 2g-21
32. If reclaimed water for landscaping purposes is made available, BioMarin/Whistlestop/Eden Housing shall
upgrade its water system and install any and all required facilities to use reclaimed water for all site
landscaping purposes. (Applies to both components of the project)
33. The project applicant shall improve the pavement sections of the roadways peripheral to the project site to a
condition acceptable to the City Engineer. The applicants shall complete a “pre-construction” study, followed
by a “post-construction” survey to determine what road improvements would be the responsibility of the
applicants. These studies shall be submitted to the City Engineer for approval. (MM TRANS-6) (Applies to
both components of the project)
Public Works Department
34. Frontage improvements shall include: street lighting, conduit for City facilities, accessible curb r amp pairs,
drainage facilities, street trees, sidewalk, curb and gutter.
35. A separate photometric for street lighting shall be required in order to determine the precise locations for
street lighting.
36. All improvements shall be coordinated with City projects. For example, the City is anticipating improvements
on Third St. and circulation modification downtown. Due to the timeline for these projects, infrastructure
installation may need to be installed earlier than the construction of the BioMarin portion of the development,
unless an alternative is agreed upon by the City.
37. The project applicant shall implement all of the recommendations of the design -level geotechnical
investigation, including design criteria, plan review, and construction period monitoring recommendations.
Prior to the issuance of a grading permit and building permit, the applicants shall demonstrate to the
satisfaction of the City Engineer that the recommendations of the design-level geotechnical investigation have
been incorporated into the project grading plans and building plans. (MM GEO-1/GEO-2) (Applies to both
components of project)
38. The site is a former Manufactured Gas Plant, which had undergone environmental remediation activities. If
the generator for the previous contamination will require access to certain areas should the need arise. It is our
understanding that the applicant has assessed this aspect and designed accordingly. (Applies to both
components of project)
39. Prior to issuance of a building permit, the applicant shall submit improvement plans and obtain an
encroachment permit is required for any work within the Right-of-Way, from the Department of Public
Works located at 111 Morphew St., to design and construction of the following:
a. Curb ramp improvements at all corners of the following intersections 3rd Street and Lindaro Street, 3rd
Street and Brooks Street, 2nd Street and Brooks Street, and 2nd Street and Lindaro Street. (MM TRANS-8)
(Applies to both components of the project).
b. Curb ramps shall be directional as determined by the Department of Public Works.
c. Only the frontage improvements along the frontage for each component of the project shall be required
during their phase of development
d. Crosswalk across the western leg of the 3rd Street and Lindaro Street intersection. These improvements
shall include, but not be limited to, curb and roadway infrastructure work, as well as traffic and pedestrian
signal modifications. They may include revisions to or removal of the driveway on the north side of the
intersection. The design of these improvements would be approved by the City Engineer. (MM TRANS-
9) (BioMarin component of project)
Exhibit 2g
Exhibit 2g-22
e. Pedestrian Hybrid Beacon, or other pedestrian crossing enhancements as deemed appropriate by the City
of San Rafael Department of Public Works, at the 3rd Street and Brooks Street intersection. These
improvements could include, but not be limited to, curb and roadway infrastructure work, as well as
traffic and pedestrian signal modifications. (MM TRANS-10) (Whistlestop component of project)
f. Vehicle travel on Brooks Street at 2nd Street shall be limited to one-way northbound/outbound only.
Brooks Street at 3rd Street shall allow both inbound and outbound traffic to the driveway just south of the
Whistlestop/EDEN Housing project. The project applicants shall modify the project, as needed, to enable
sufficient sight distance between westbound motorists on 3rd Street and northbound motorists, stopped
behind a future marked crosswalk, on Brooks Street. Modifications may include, but not be limited to,
building design changes, roadway curb extensions, or revisions to proposed hardscaping and/or
landscaping. Any changes shall be approved by the City of San Rafael Department of Public Works.
(MM TRANS-11) (Whistlestop component of project)
g. The project applicant shall install systems that provide vehicle-activated audible and visual warnings for
vehicles egressing the driveways on Brooks Street. (MM TRANS-12) (Applies to both components of the
project).
h. Please note that Brooks, Lindaro and Second Streets are currently moratorium streets and full width
resurfacing is required for street cuts. Non-moratorium streets shall require resurfacing for approximately
50% of the width along the frontage, depending on the location of utility work, and intersection and
crosswalk improvements. The extents shall be reviewed at the time of encroachment permit.
i. Restriping of public streets shall be of thermoplastic, as approved by the Department of Public Works.
Signage and striping shall be reviewed and approved by the City Traffic Engineer.
40. Third party peer review of geotechnical and engineering reports and inspection throughout construction shall
be required, paid for by the project sponsor and contracted by the City. A proposed project schedule for the
duration of work is required prior to submittal for a grading or building permit, so that an estimate may be
prepared for the required deposit amount. (Applies to both components of the project)
41. A construction vehicle impact fee shall be required at the time of building permit issuance; which is
calculated at 1% of the valuation, with the first $10,000 of valuation exempt. (Applies to both components of
the project)
42. Off-site improvements shall be bonded and included upon an improvement agreement or completed prior to a
parcel map. Provide an engineer’s estimate for the improvements for review and incorporation to the
agreement. (Applies to both components of the project)
a. All improvements along Brooks St and the Whistlestop frontage shall be completed prior to occupancy,
with a subdivision improvement agreement. (Applies to Whistelstop component of the project)
b. All other subdivision improvements along the remainder of the BioMarin frontage shall be installed prior
to occupancy of the first phase of the buildings, if not earlier. (Applies to BioMarin component of the
project)
c. Bonds shall be required for the complete improvements, prior to recordation of a map or occupancy of a
portion of the project. (Applies to both components of the project)
43. The traffic mitigation fee is estimated at 203 AM and 191 PM trips based on the transportation impact study
(Table 20). This applies to the BioMarin Facility. Separately, the trip generation estimated for the Whistlestop
housing may be considered exempt from the traffic mitigation fee on the condition that it is restricted to
affordable housing.
Exhibit 2g
Exhibit 2g-23
a. BioMarin component results 394 total peak hour trips at $4,246/trip, for a mitigation fee of $1,672,924
(203 am + 191pm trips). The Development Agreement (DA) approved for this project vests the traffic
mitigation fee amount at the current rate of $4,246/trip for the 10-year term of the DA.
b. Whistlestop Component results in 78 total peak hour trips at $4,246/trip for a mitigation fee of $331,188.
However, the Whistlestop component of the project is exempt from the payment of traffic mitigation fees,
based on City Council Resolution No’s 11668 and 13364, which exempts affordable housing projects
from payment of traffic mitigation fees
44. All plans, reports, monitoring, inspection and testing for the proposed project will be reviewed by an
independent Geotechnical Engineer and/or Engineering Geologist retained by the City, at the expense of the
project sponsor. This third-party consultant will review all plans, reports, monitoring, inspection and testing
data prior to appropriate approvals and/or certifications. A letter report summarizing findings and
recommendations shall be submitted by the geotechnical engineer to the City Engineer for review and
approval, as well as incorporation into grading plans. (Applies to both components of the project)
45. Final grading and foundation techniques shall be developed by a certified geotechnical engineer or
engineering geologist and reviewed and approved by the City. (Applies to both components of the project)
46. In order to limit residual migration of contaminants, alternative stormwater treatment may be required by the
Department of Public Works, such as filtration planters (non-infiltrating), or mechanical filtration combined
with retention.
47. A final drainage plan shall be prepared and submitted for review and approval with the final improvement
plans. The plan shall be prepared by a registered civil or hydrologic engineer and shall include hydrologic and
hydraulic calculations as well as details of the proposed improve ment and stormwater treatment facilities. The
final drainage plan shall be subject to review and approval by the City Engineer. The final drainage plan shall
address the following:
a) The plans shall show the existing drainage facilities
b) Runoff shall not be increased, leaving the project boundary
c) Filtration shall be required for particles equal to or larger than 5mm, so they do not enter into the City’s
storm drainage system
d) Placards (medallions) shall be installed on all new drainage inlets to prohibit dumping of pollutants.
These are available from the City or MCSTOPPP
e) A stormwater facilities maintenance agreement shall be required
f) How the project’s drainage system shall be maintained, whether separate for each site or together along
with the other development improvements.
g) The drainage plan shall be developed in consideration with the site history of contamination.
Provide the final hydrologic analysis of the detailed drainage system and conformance with the mitigation
measures required by the EIR for the 100-year event with regard to the City’s infrastructure receiving flow, as
well as any potential impact to the flood zone for FEMA requirements. (Applies to both components of the
project)
48. Utility improvements shall be required as per the individual utilities. In general, undergrounding, housing
utilities in vaults, and repair of City infrastructure shall be required. This shall be reviewed and approved by
the Department of Public Works with the detailed utility and subdivision improvement plans and more
precisely with the encroachment permit.
Community Development Department, Building Division
Exhibit 2g
Exhibit 2g-24
49. The design and construction of all site alterations shall comply with the 2019 California Building Code
(CBC), 2019 California Plumbing Code (CPC), 2019 California Electrical Code (CEC), 2019 California
Mechanical Code CCMC), 2019 California Fire Code (CFC), 2019 California Energy Code, 2019 California
Green Building Standards Code and City of San Rafael Ordinances and Amendments
50. A building permit is required for the proposed work. Applications shall be accompanied by four (4) complete
sets of construction drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Site/civil plans (clearly identifying grade plane and height of the building)
g. Structural Calculations
h. Truss Calculations
i. Soils reports
j. Green Building documentation
k. Title-24 energy documentation
51. The occupancy classification, construction type and square footage of each building shall be specified on the
plans. In mixed occupancies, each portion of the building shall be individually classified.
52. Building areas are limited by CBC Table 506.2. On plan justify the proposed building area.
53. The maximum area of unprotected and protected openings permitted in the exterior wall in any story of a
building shall not exceed the percentages specified in CBC Table 705.8 “Maximum Area of Exterior Wall
Openings Based on Fire Separation Distance and Degree of Opening Protection.” To calculate the maximum
area of exterior wall openings you must provide the building setback distance from the property lines and then
justify the percentage of proposed wall openings and include whether the opening is unprotected or protected.
54. Buildings located 4 or more stories above grade plane, one stairwell must extend to the roof, unless the roof
slope exceeds an angle of 4 vertical to 12 horizontal CBC 1011.12. (Applies to both components of project)
55. Each building must have address identification placed in a position that is plainly legible and visible from the
street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. In new
construction and substantial remodels, the address must be internally or externally illuminated and remain
illuminated at all hours of darkness. Numbers must be a minimum 4 inches in height with ½ inch stroke for
residential occupancies and a minimum 6 inches in height with ½ inch stroke for commercial applications. The
address must be contrasting in color to their background SMC 12.12.20. (Applies to both components of project)
56. School fees will be required for the project. Calculations are done by the San Rafael City Schools, and those
fees are paid directly to them prior to issuance of the building permit. (Applies to both components of project)
57. Regarding any grading or site remediation, soils export, import and placement; provide a detailed soils report
prepared by a qualified engineer to address these procedures. The report should address the import and
placement and compaction of soils at future building pad locations and should be based on an assumed
foundation design. This information should be provided to Building Division and Department of Public
Works for review and comments prior to any such activities taking place. (Applies to both components of
project)
Exhibit 2g
Exhibit 2g-25
58. Prior to building permit issuance for the construction of each building, geotechnical and civil pad
certifications are to be submitted. (Applies to both components of project)
59. Based on the distance to the property line (and/or adjacent buildings on the same parcel), the building
elements shall have a fire resistive rating not less than that specified in CBC Table 601 and exterior walls
shall have a fire resistive rating not less than that specified in CBC Table 602. (Applies to both components of
project)
60. Cornices, eaves overhangs, exterior balconies and similar projections extending beyond the floor area shall
conform to the requirements of CBC 705.2. Projections shall not extend beyond the distance determined by
the following two methods, whichever results in the lesser projection: (Applies to both components of project)
a. A point one-third the distance from the exterior face of the wall to the lot line where protected openings
or a combination of protected openings and unprotected openings are required in the exterior wall.
b. A point one-half the distance from the exterior face of the wall to the lot line where all openings in the
exterior wall are permitted to be unprotected or the building is equipped throughout with an automatic
sprinkler system.
c. More than 12 inches into areas where openings are prohibited.
61. Ventilation area required, the minimum openable area to the outdoors is 4 percent of the floor area being
ventilated CBC 1203.5.1 or mechanical ventilation in accordance with the California Mechanical Code.
(Applies to both components of project)
62. Natural light, the minimum net glazed area shall not be less than 8 percent of the floor area of the room served
CBC 1205.2 or shall provide artificial light in accordance with CBC 1205.3. (Applies to both components of
project)
63. Walls separating purposed tenant space from existing neighboring tenant spaces must be a minimum of 1-
hour construction. (Applies to both components of project)
64. All site signage as well as wall signs require a separate permit and application (excluding address numbering).
(Applies to both components of project)
65. The Whistlestop/EDEN Housing building must apply for a new address for this building from the Building
Division.
66. In the parking garage, mechanical ventilation will be required capable of exhausting a minimum of .75 cubic
feet per minute per square foot of gross floor area CMC Table 4-4. (Applies to Whistlestop component of
project)
67. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of noncombustible,
nonabsorbent materials. Floors shall drain to an approved oil separator or trap discharging to sewers in
accordance with the Plumbing Code and SWIPP. (Applies to Whistlestop component of project)
68. Minimum elevator car size (interior dimension) 60” wide by 30” deep with an entrance opening of at least 60”
or a car size of 42” wide by 48” deep with an entrance opening of 36” or a car size of 60” wide by 36” deep
with an entrance opening of at least 36”. (Applies to both components of project)
69. All buildings with one or more elevators shall be provided with not less than one medical emergency service
elevator. The medical emergency service elevator shall accommodate the loading and transport of an
ambulance gurney or stretcher. The elevator car size shall have a minimum clear distance between walls and
Exhibit 2g
Exhibit 2g-26
door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return
panel not less than 51 inches with a 42-inch side slide door. (Applies to both components of project)
70. In the service areas, mechanical ventilation will be required capable of exhausting a minimum of 1.5 cubic
feet per minute per square foot of gross floor area. Connecting offices, waiting rooms, r estrooms, and retail
areas shall be supplied with conditioned air under positive pressure. (Applies to both components of project)
71. The proposed facility shall be designed to provide access to the physically disabled. For existing buildings
and facilities when alterations, structural repairs or additions are made, accessibility improvements for
persons with disabilities shall be required unless CASP report states compliant. Improvements shall be made,
but are not limited to, the following accessible features: (Applies to both components of project)
a. a. Path of travel from public transportation point of arrival
b. b. Routes of travel between buildings
c. c. Accessible parking
d. d. Ramps
e. e. Primary entrances
f. f. Sanitary facilities (restrooms)
g. g. Drinking fountains & Public telephones (when provided)
h. h. Accessible features per specific occupancy requirements
i. g. Accessible special features, i.e., ATM's point of sale machines, etc.
72. The site development of items such as common sidewalks, parking areas, stairs, ramps, common facilities,
etc. are subject to compliance with the accessibility. Pedestrian access provisions should provide a minimum
48" wide unobstructed paved surface to and along all accessible routes. Items such as signs, meter pedestals,
light standards, trash receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk
slopes and side slopes shall not exceed published minimums. The civil, grading and landscape plans shall
address these requirements to the extent possible. (Applies to both components of project)
73. The parking garage ceiling height shall have a minimum vertical clearance of 8’ 2” where required for
accessible parking. (Applies to Whistlestop component of project)
74. Multistory apartment or condominium on the ground floor in buildings with no elevator at least 10 percent but
no less than one of the multistory dwellings in apartment buildings with three or more and condos with four
or more dwellings shall comply with the following: (Applies to Whistlestop component of project)
a. The primary entry to the dwelling unit shall be on an accessible route unless exempted by site
impracticality tests in CBC Section 1150A.
b. At least one powder room or bathroom shall be located on the primary entry level, served by an accessible
route.
c. All rooms or spaces located on the primary entry level shall be served by an accessible route. Rooms and
spaces located on the primary entry level and subject to this chapter may include but are not limited to
kitchens, powder rooms, bathrooms, living rooms, bedrooms or hallways.
75. Multifamily dwelling and apartment accessible parking spaces shall be provided at a minimum rate of 2
percent of the covered multifamily dwelling units. At least one space of each type of parking facility shall be
made accessible even if the total number exceeds 2 percent. (Applies to Whistlestop component of project)
76. Public accommodation disabled parking spaces must be provided according the following table and must be
uniformly distributed throughout the site. (Applies to both components of project)
Exhibit 2g
Exhibit 2g-27
Total Number of Parking Spaces Provided Minimum Required Number of H/C Spaces
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 Two percent of total
1,001 and over Twenty, plus one for each 100 or fraction
thereof over 1,001
77. At least one disabled parking space must be van accessible; 9 feet wide parking space and 8 feet wide off -
load area. Additionally, one in every eight required handicap spaces must be van accessible. (Applies to both
components of project)
San Rafael Sanitation District
78. The applicant shall submit complete civil engineering plans, including plan and profile of the sewer lateral
connections to the existing sewer system. The drawings will also need to show any existing sewer laterals
which are being abandoned. The drawings shall comply with the most recent version of San Rafael Sanitation
District Standards. (Applies to both components of project)
79. The applicant shall submit detailed flow calculations showing normal and peak flow rates. Based on the
results of the flow calculations, the project sponsor may be required to replace or up-size sewer lines in the
vicinity of the project to accommodate the increased flows. (Applies to both components of project)
80. The sewer lateral connection for BioMarin shall be made to the 27” VCP mainline on 2nd not the 12” VCP on
3rd Street. The Whistlestop component of the project shall be made to the 12” VCP on 3rd Street (Applies to
both components of project)
81. The Sewer Connection fees will be required prior to issuance of the Building Permit. Applicant must submit
civil/utility plans indicating all the proposed new fixtures so the District staff can calculate the final amount .
(Applies to both components of project)
82. In order for the applicant to request credit for the existing fixtures on the buildings, the applicant must submit
civil/utility plans including a full inventory of the existing fixtures (if necessary, accompanied by ph otos) to
request any adjustment of these fees. (Applies to both components of project)
San Rafael Fire Department, Fire Prevention Bureau
83. The sliding gates at the 3rd Street driveway and the southern Brooks Street driveway shall be approved by the
City of San Rafael Fire and Police Departments and shall enable access by emergency service providers.
(MM TRANS-13) (Applies to both components of project)
84. The design and construction of all site alterations shall comply with the 2016 California Fire Code and City of
San Rafael Ordinances and Amendments. (Applies to both components of project)
85. Deferred Submittals for the following fire protection systems shall be submitted to the Fire Prevention Bureau
for approval and permitting prior to installation of the systems: (Applies to both components of project)
Exhibit 2g
Exhibit 2g-28
a. Fire Sprinkler plans (Deferred Submittal to the Fire Prevention Bureau).
b. Fire Standpipe plans (Deferred Submittal to the Fire Prevention Bureau).
c. Fire Underground plans (Deferred Submittal to the Fire Prevention Bureau).
d. Fire Alarm plans (Deferred Submittal to the Fire Prevention Bureau).
e. Kitchen Hood Automatic Fire-Extinguishing System plans (Deferred Submittal to the Fire Prevention
Bureau) if applicable. (Applies to both components of project)
86. A fire apparatus access plan shall be prepared for this project. Fire apparatus plan shall show the location the
following: (Applies to both components of project)
a. Designated fire apparatus access roads.
b. Red curbs and no parking fire lane signs.
c. Fire hydrants.
d. Fire Department Connections (FDC).
e. Double detector check valves.
f. Street address signs.
g. Recessed Knox Boxes
h. Fire Alarm annunciator panels.
i. NFPA 704 placards.
j. Provide a note on the plan, as follows: The designated fire apparatus access roads and fire hydrants shall
be installed and approved by the Fire Prevention Bureau prior construction of the building. (Applies to
both components of project)
87. Plans of the high-piled combustible storage area, drawn to scale, shall be submitted with the Fire Sprinkler
Plans to the Fire Prevention Bureau. The high piled plans shall include at least the following:
a. Floor plan of the building showing locations and dimensions of high-piled storage areas.
b. Usable height for each storage area.
c. Number of tiers within each rack, if applicable.
d. Commodity clearance between top of storage and the sprinkler deflector for each storage arrangement.
e. Aisle dimensions between each storage array.
f. Maximum pile volume for each storage array.
g. Location and classification of commodities in accordance with CFC Section 2303.
h. Location of commodities which are banded or encapsulated.
i. Location of all required fire department access doors.
j. Type of fire suppression and fire detection systems.
k. Location of valves controlling the water supply of ceiling and in-rack sprinklers.
l. Type, location and specifications of smoke removal and curtain board systems.
m. Additional information regarding required design features, commodities, storage arrangement and fire
protection features within the high-piled storage area shall be provided at the time of permit, when
required by the fire code official. (Applies to both components of project)
88. Knox Key Boxes are required at the primary point of first response to the building. (Applies to both
components of project).
89. A Knox Box is required at the primary points of first response to the building. A recessed mounted Knox Box
# 3275 Series is required for this project; the Knox Box shall be clearly visible upon approach to the main
entrance from the fire lane. Note the Knox Box must be installed from 72” to 78” above finish grade; show
the location on the plans. (Applies to both components of project)
Exhibit 2g
Exhibit 2g-29
90. On site fire hydrants could be required. (Applies to both components of project)
91. When a building is fully sprinklered all portions of the exterior building perimeter must be located within
250-feet of an approved fire apparatus access road.
a. The minimum width of the fire apparatus access road is 20-feet.
b. The minimum inside turning radius for a fire apparatus access road is 28 feet.
c. The fire apparatus access road serving this building is more than 150-feet in length; provide an approved
turn-around. Contact the Fire Prevention Bureau for specific details. (Applies to both components of
project)
92. If the building is over 30 feet in height, an aerial fire apparatus access roadway is required parallel to one
entire side of the building. a. The Aerial apparatus access roadway shall be located within a minimum 15 feet
and a maximum of 30 feet from the building.
a. The minimum unobstructed width for an aerial fire apparatus access road is 26-feet.
b. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway, or
between the roadway and the building. (Applies to both components of project)
93. Fire lanes must be designated; painted red with contrasting white lettering stating “No Parking Fire Lane” A
sign shall be posted in accordance with the CFC Section 503.3. (Applies to both components of project)
94. Building address numbers and directories must be to Fire Department standards. (Applies to both
components of project)
95. Hazardous Materials Placard shall be installed in accordance with NFPA 704. (Applies to both components
of project)
96. Provide a Hazardous Materials Management Plan to be submitted to Marin County Department of Public
Works, CUPA (Applies to both components of project)
97. Contact the Marin Municipal Water District (MMWD) to make arrangements for the water supply serving
the fire protection system. (Applies to both components of project)
Marin Municipal Water District
98. District records indicate that the property’s current annual water entitlement is insufficient to meet the water
demand for the project and the purchase of additional water entitlement will be required. Additional water
entitlement will be available upon request and fulfillment of the following requirements:
a. Complete a High Pressure Water Service Application
b. Submit a copy of the building permit.
c. Pay appropriate fees and charges.
d. Complete the structures foundation within 120 days of the date of application
e. Comply with the District’s rules and regulations in effect at the time service is requested.
f. Comply with all indoor and outdoor requirements of District Code Title 13 – Water Conservation. This
may include verification of specific indoor fixture efficiency compliance. If you are pursuing a
landscaping project subject to review by your local planning department and / or subject to a city
permit, please contact the district water conservation department at 415-945-1497 or email to
plancheck@marinwater.org. More information about district water conservation requirements can be
found on line at www.marinwater.org. (Applies to both components of project)
Exhibit 2g
Exhibit 2g-30
99. Comply with the backflow prevention requirements, if upon the Districts review backflow protection is
warranted, including installation, testing and maintenance. Questions regarding backflow requirements
should be directed to the Backflow Prevention Program Coordinator at (415) 945-1558. (Applies to both
components of project)
100. Use of recycled water is required, where available, for all approved uses, including irrigation and the
flushing of toilets and urinals. Questions regarding the use of recycled water should be directed to Dewey
Sorensen at (415) 945-1558. (Applies to both components of project)
101. Comply with Ordinance No. 429 requiring the installation of gray water recycling systems when practicable
for all projects required to install new water service and existing structures undergoing "substantial
remodel" that necessitates an enlarged water service. (Applies to both components of project)
Pacific Gas & Electric
102. Electric and gas service to the project site will be provided in accordance with the applicable extension
rules, which are available on PG&E’s website at
http://www.pge.com/myhome/customerservice/other/newconstruction or contact (800) PGE-5000. It is
highly recommended that PG&E be contacted as soon as possible so that there is adequate time to engineer
all required improvements and to schedule any site work. (Applies to both components of project)
103. The cost of relocating any existing PG&E facilities or conversion of existing overhead facilities to
underground shall be the sole responsibility of the applicant or property owner. (Applies to both
components of project)
During Construction
Department of Public Works – Land Development
104. All mass grading shall be limited to April 15 through October 15, unless otherwise approved in writing by
the Department of Public Works. A grading permit shall be obtained for all grading and site improvement
work. Trucking trips during peak hours may be limited. (Applies to both components of project)
105. All public streets and sidewalks and on-site streets which are privately owned that are impacted by the
grading and construction operation for the Project shall be kept clean and free of debris at all times. The
general contractor shall sweep the nearest street and sidewalk adjacent to the site on a daily basis unless
conditions require greater frequency of sweeping. (Applies to both components of project)
106. Prior to the start excavation or construction, the general contractor shall call Underground Service Alert
(USA) at (800) 227-2600 to have the location of any existing underground facilities marked in the field.
(Applies to both components of project)
Community Development Department, Planning Division
107. Should an archaeological deposit be encountered during project subsurface construction activities, all
ground-disturbing activities within 25 feet shall be redirected and a qualified archaeologist meeting the
Secretary of the Interior’s Professional Qualifications Standards for Archeology contacted to assess the
situation, determine if the deposit qualifies as a historical resource, consult with agencies as appropriate,
and make recommendations for the treatment of the discovery. If the deposit is found to be significant (i.e.,
eligible for listing in the California Register of Historical Resources), the applicant shall be responsible for
funding and implementing appropriate mitigation measures. Mitigation measures may include recordation
of the archaeological deposit, data recovery and analysis, and public outreach regarding the scientific and
cultural importance of the discovery. Upon completion of the selected mitigations, a report documenting
methods, findings, and recommendations shall be prepared and submitted to the City for review, and the
Exhibit 2g
Exhibit 2g-31
final report shall be submitted to the Northwest Information Center at Sonoma State University. Significant
archaeological materials shall be submitted to an appropriate curation facility and used for public
interpretive displays, as appropriate and in coordination with a local Native American tribal representative.
The applicant shall inform its contractor(s) of the sensitivity of the project area for archaeological deposits
and shall verify that the following directive has been included in the appropriate contract documents:
“The subsurface of the construction site may be sensitive for Native American archaeological deposits. If
archaeological deposits are encountered during project subsurface construction, all ground-disturbing
activities within 25 feet shall be redirected and a qualified archaeologist contacted to assess the situation,
determine if the deposit qualifies as a historical resource, consult with agencies as appropriate, and make
recommendations for the treatment of the discovery. Project personnel shall not collect or move any
archaeological materials. Archaeological deposits can include shellfish remains; bones; flakes of, and
tools made from, obsidian, chert, and basalt; and mortars and pestles. Contractor acknowledges and
understands that excavation or removal of archaeological material is prohibited by law and constitutes a
misdemeanor under California Public Resources Code, Section 5097.5.” (MM CULT-1/CULT-2)
(Applies to both components of project)
108. Should paleontological resources be encountered during project subsurface construction activities located in
previously undisturbed soil and bedrock, all ground-disturbing activities within 25 feet shall be halted and a
qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make
recommendations for the treatment of the discovery. For purposes of this mitigation, a “qualified
paleontologist” shall be an individual with the following qualifications: 1) a graduate degree in
paleontology or geology and/or a person with a demonstrated publication record in peer-reviewed
paleontological journals; 2) at least two years of professional experience related to paleontology; 3)
proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local
geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field.
If the paleontological resources are found to be significant and project activities cannot avoid them,
measures shall be implemented to ensure that the project does not cause a substantial adverse change in the
significance of the paleontological resource. Measures may include monitoring, recording the fossil locality,
data recovery and analysis, a final report, and accessioning the fossil material and technical report to a
paleontological repository. Upon completion of the assessment, a report documenting methods, findings,
and recommendations shall be prepared and submitted to the City for review. If paleontological materials
are recovered, this report also shall be submitted to a paleontological repository such as the University of
California Museum of Paleontology, along with significant paleontological materials. Public educational
outreach may also be appropriate.
The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological
resources and shall verify that the following directive has been included in the appropriate contract
specification documents:
“The subsurface of the construction site may contain fossils. If fossils are encountered during project
subsurface construction, all ground-disturbing activities within 25 feet shall be halted and a qualified
paleontologist contacted to assess the situation, consult with agencies as appropriate, and make
recommendations for the treatment of the discovery. Project personnel shall not collect or move any
paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past
life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and
oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones.
Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, and bison.
Contractor acknowledges and understands that excavation or removal of paleontological material is
Exhibit 2g
Exhibit 2g-32
prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section
5097.5.” (MM GEO-3): (Applies to both components of project)
109. During project construction, the contractor shall implement a dust control program that includes the
following measures recommended by the BAAQMD (MM AIR-1) (Applies to both components of project)
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum
street sweepers at least once per day. The use of dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building
pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
f. A publicly visible sign shall be posted with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action within 48 hours.
The Bay Area Air Quality Management District (BAAQMD) phone number shall also be visible to
ensure compliance with applicable regulations.
110. The project shall implement the City of San Rafael Noise Ordinance construction noise requirements to
minimize noise impacts during construction. Construction noise related to demolition and grading work
done within 15 feet of the west property line could exceed the Ordinance requirements. Neighbors shall be
informed before any construction activities and any input they have on construction scheduling shall be
incorporated to the extent feasible, and the work should be conducted as quickly as possible to minimize
exposure time. (MM NOISE-2) (Applies to both components of project)
111. The BioMarin project applicant shall require use of noise-reducing measures that may include the following
and that shall be described and included in applicable contract specifications: After the Whistlestop/EDEN
Housing project is completed and housing residents, require that the construction contractor for Bi oMarin
Building A and BioMarin Building B not operate more than one piece of noise-generating equipment (listed
in Table 4.10-10) within 40 feet of the Whistlestop/Eden Housing project. This would ensure that the 90
dBA Lmax is not exceeded at the Whistlestop/Eden Housing project. (MM NOISE-1a) (Applies to
BioMarin component of project)
112. The BioMarin and Whistlestop/Eden Housing project applicants shall require use of noise-reducing
measures that may include the following and that shall be described and included in applicable contract
specifications (Applies to both components of project):
a. Equip internal combustion engine-driven equipment with intake and exhaust mufflers that are in good
condition and are appropriate for the equipment.
b. Locate all stationary noise-generating equipment, such as air compressors and portable power
generators, as far away as possible from noise-sensitive land uses. Muffle the stationary equipment, and
enclose within temporary sheds or surround by insulation barriers, if feasible.
c. To the extent feasible, establish construction staging areas at locations that would create the greatest
distance between the construction-related noise sources and noise-sensitive receptors during all project
construction.
d. Use "quiet" air compressors and other stationary noise sources where technology exists.
e. Construct or use temporary noise barriers, as needed, to shield on-site construction and demolition noise
from noise-sensitive areas to the extent feasible. To be most effective, the barrier should be placed as
close as possible to the noise source or the sensitive receptor. Examples of barriers include portable
acoustically lined enclosure/housing for specific equipment (e.g., jackhammer and pneumatic-air tools,
Exhibit 2g
Exhibit 2g-33
which generate the loudest noise), temporary noise barriers (e.g., solid plywood fences or portable panel
systems, minimum 8 feet in height), and/or acoustical blankets, as feasible.
f. Control noise levels from workers’ amplified music so that sounds are not audible to sensitive receptors
in the vicinity.
g. Prohibit all unnecessary idling of internal combustion engines.
(MM NOISE-1b)
113. The BioMarin and Whistlestop/Eden Housing construction contractors shall develop a set of procedures that
are described and included in applicable contract specifications for tracking and responding to complaints
received pertaining to construction vibration and noise, and shall implement the procedures during
construction. At a minimum, the procedures shall include (Applies to both components of project):
a. Designation of an on-site construction complaint and enforcement manager for the project.
b. Protocols specific to on-site and off-site receptors for receiving, responding to, and tracking received
complaints. The construction complaint and enforcement manager shall promptly respond to any
complaints and work cooperatively with affected receptors to ensure that the source of the noise - or
vibration-generating activity is discontinued or determine an acceptable schedule to resume the activity
when the receptor is not present in the residence.
c. Maintenance of a complaint log that records what complaints were received and how these complaints
were addressed.
(MM NOISE-1c)
114. Nearby residents shall be informed by posting informational notices on the fence line of the construction
site. The notice shall state the date of planned construction activity and include the contact information of
the construction complaint and disturbance coordinator identified in Mitigation Measure NOISE-1b. (MM
NOISE-1d) (Applies to both components of project)
115. The project applicant shall use mechanical equipment selection and acoustical shielding to ensure that noise
levels from the installation of mechanical equipment do not exceed the exterior noise standards of 60 dBA
Lmax/50 dBA Leq during daytime or 50 dBA Lmax/40 dBA Leq during nighttime at the nearest residential
land uses, and do not exceed the exterior noise standards of 65 dBA Lmax/55 dBA Leq during both daytime
and nighttime at the nearest commercial land uses. Controls that would typically be incorporated to attain
this outcome include locating equipment in less noise-sensitive areas, when feasible; selecting quiet
equipment; and providing sound attenuators on fans, sound attenuator packages for cooling towers and
emergency generators, acoustical screen walls, and equipment enclosures. (MM NOISE-2) (BioMarin
portion of the project)
Prior to Occupancy
Community Development Department, Planning Division
116. Final inspection of the project by the Community Development Department, Planning Division, is required.
The applicant shall contact the Planning Division to request a final inspection upon completion of the
project. The final inspection shall require a minimum of 48-hour advance notice. (Applies to both
components of project)
117. All landscaping and irrigation shall be installed prior to occupancy. In the alternative, the applicant or
property owner shall post a bond with the City in the amount of the estimated landscaping/irrigation
installed cost. In the event that a bond is posted, all areas proposed for landscaping shall be covered with
bark or a substitute material approved by the Planning Division prior to occupancy. Deferred landscaping
through a bond shall not exceed 3 months past occupancy. (Applies to both components of project)
Exhibit 2g
Exhibit 2g-34
118. The landscape architect for the project shall submit a letter to the Planning Division, confirming the
landscaping has been installed in compliance with the approved project plans and the irrigation is fully
functioning. (Applies to both components of project)
119. All ground- and rooftop-mounted mechanical equipment shall be fully screened from public view. (Applies
to both components of project)
120. All trash enclosures shall be screened by a combination of fencing with privacy slats and landscaping.
(Applies to both components of project)
Public Works Department
121. The project shall install signs at the driveway exit to alert drivers to look for pedestrians on the sidewalk.
(Applies to both components of project)
122. Regulatory agency approval shall be required for the mitigations to be implemented for the various
occupancy types of each of the buildings, prior to occupancy. (Applies to both components of project)
123. Prior to occupancy, the project applicant shall install all required (Applies to both components of project)
a) Curb ramp improvements at all corners of the following intersections: 3rd Street and Lindaro Street, 3rd
Street and Brooks Street, 2nd Street and Brooks Street, and 2nd Street and Lindaro Street. (MM TRANS-
8) (Applies to both components of the project).
b) Crosswalk across the western leg of the 3rd Street and Lindaro Street intersection. These improvements
shall include, but not be limited to, curb and roadway infrastructure work, as well as traffic and
pedestrian signal modifications. They may include revisions to or removal of the driveway on the north
side of the intersection. The design of these improvements would be approved by the City Engineer.
(MM TRANS-9) (BioMarin component of project)
c) Pedestrian Hybrid Beacon, or other pedestrian crossing enhancements as deemed appropriate by the
City of San Rafael Department of Public Works, at the 3rd Street and Brooks Street intersection. These
improvements could include, but not be limited to, curb and roadway infrastructure work, as well as
traffic and pedestrian signal modifications. (MM TRANS-10) (Whistlestop component of project)
d) Vehicle travel on Brooks Street at 2nd Street shall be limited to one-way northbound/outbound only.
Brooks Street at 3rd Street shall allow both inbound and outbound traffic to the driveway just south of
the Whistlestop/Eden Housing project. The project applicants shall modify the project, as needed, to
enable sufficient sight distance between westbound motorists on 3rd Street and northbound motorists,
stopped behind a future marked crosswalk, on Brooks Street. Modifications may include, but not be
limited to, building design changes, roadway curb extensions, or revisions to proposed hardscaping
and/or landscaping. Any changes shall be approved by the City of San Rafael Department of Public
Works. (MM TRANS-11) (Whistlestop component of project)
e) Install systems that provide vehicle-activated audible and visual warnings for vehicles egressing the
driveways on Brooks Street. (MM TRANS-12) (Applies to both components of the project).
After Occupancy
Community Development Department, Planning Division
124. Following the issuance of a Certificate of Occupancy, all new exterior lighting shall be subject to a 90-day
lighting level review period by the City to ensure that all lighting sources provide safety for the building
occupants while not creating a glare or hazard on adjacent streets or be annoying to adjacent residents. During
Exhibit 2g
Exhibit 2g-35
this lighting review period, the City may require adjustments in the direction or intensity of the lighting, if
necessary. All exterior lighting shall include a master photoelectric cell with an automatic timer system,
where the intensity of illumination shall be turned off during daylight. (Applies to both components of
project)
Small Subdivision (S18-001)
Conditions of Approval
Community Development Department of Public Works
1. This Small Subdivision (S18-001) shall run with the land and shall remain valid regardless of any change of
ownership of the project site, subject to these conditions, provided that a Parcel Map is recorded or a time
extension request is submitted to the City’s Community Development Department, Planning Division, within
ten (10) years of this approval, or until _ 2030, and subject to the terms and conditions
of the Development Agreement. Failure to record a Parcel Map, or failure to obtain a time extension within
the two-year period will result in the expiration of this Small Subdivision (S18-001). (Applies to BioMarin
component of project)
Department of Public Works
2. A Parcel Map shall be required. A copy of the recent title report, legal description, and closure calculations is
required. The map shall be reviewed by the City Surveyor and City Engineer. Please see Title 15 of the
Municipal Code for Parcel Map requirements. (Applies to BioMarin component of project)
3. If the installation of subdivision improvements is not completed prior to recordation of a Parcel Map, a
subdivision improvement agreement and security, such as a bond or deposit shall be required. (Applies to
BioMarin component of project)
4. A title report for the site is required to show the source information for lot lines on the tentative map. The
referenced Record of Survey 2016 RS 131 notes that the Right-of-Way for Second Street could not be
determined from the information provided. This area has been occupied by a sidewalk and in use by the
public. The proposed project keeps this area clear, with allows for continued use as a sidewalk. (Applies to
BioMarin component of project)
5. Prior to approval of the Tentative Map, the portion of the sidewalk shall be dedicated as public Right-of-Way,
or at minimum a Public Access Easement and Public Utility Easement. (Applies to BioMarin component of
project)
6. A portion of the traffic signal equipment at the corner of Lindaro St and Second St may extend on-site. The
Tentative Map may include this area in an easement, or the public facilities shall be relocated off-site as part
of the subdivision improvements. (Applies to BioMarin component of project)
Sign Program Amendment (SP18-006)
Conditions of Approval
Community Development Department, Planning Division
1. The sign program and appearance and location of all approved signage, as presented to the Design Review
Board at its June 18, 2019 hearing, labeled BioMarin/Whistlestop/Eden Housing Project, and on file with the
Community Development Department, Planning Division, shall be the same as required for issuance of all
building permits, subject to these conditions. Minor modifications or revisions to the signage shall be subject
to review and approval of the Community Development Department, Planning Division. Further
Exhibit 2g
Exhibit 2g-36
modifications deemed not minor by the Community Development Director shall require an amendment to the
Sign Program. (Applies to BioMarin component of project)
2. This Sign Program Amendment (SP18-006) shall run with the land and shall remain valid regardless of any
change of ownership of the Project site, subject to these conditions, provided that a building permit is issued
and installation of signs commenced or a time extension request is submitted to the City’s Community
Development Department, Planning Division, within ten (10) years of this approval, or until _
2030, and subject to the terms and conditions of the Development Agreement. Failure to obtain a
building permit and construction activities commenced, or failure to obtain a time extension within the two-
year period will result in the expiration of this Sign Program Amendments. (Applies to BioMarin component
of project)
3. This Sign Program Amendment (SP18-006) approving revised site and building signage shall run
concurrently with the approved Environmental and Design Review Permit (ED18-087) and Master Use
Permit (UP18-034). If either entitlement expires, this Sign Program Amendment shall also expire and become
invalid.
4. Future changes to the signage shall require a Sign Permit to review and confirm changes are consistent with
the Sign Program.
5. If future signage changes do not meet the Sign Program, the signage shall be revised to meet the approved
Program or a Sign Program amendment will need to be applied for and approved
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael Planning Commission
held on the 28th day of January 2020.
Moved by Commissioner and seconded by Commissioner
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Paul A. Jensen, Secretary Jeff Schoppert, Chair
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-1
LAND USE ELEMENT
LU-9. Intensity of Nonresidential Development.
Commercial and industrial areas have been assigned
floor area ratios (FAR’s) to identify appropriate
intensities (see Exhibits 4, 5 and 6). Maximum
allowable FAR’s are not guaranteed, particularly in
environmentally sensitive areas. Intensity of
commercial and industrial development on any site
shall respond to the following factors: site resources
and constraints, traffic and access, potentially
hazardous conditions, adequacy of infrastructure,
and City design policies.
Consistent with amendment
According to Exhibit 6 of the General Plan, the maximum FAR for this site in the Downtown San
Rafael 2/3 MUE District is 1.50. The project proposes to combine 118,099 sq ft of the parcel with
the adjacent SRCC and proposes a General Plan Amendment to create a blended ratio of 0.90
for all parcels. The Whistlestop / Eden Housing portion of the project would be consistent with
the existing 1.50 FAR allowance.
LU-10. Planned Development Zoning. Require
Planned Development zoning for development on a
lot larger than five acres in size, except for the
construction of a single-family residence.
Consistent, with the requested Zoning Amendment
The 999 3rd St property is presently zoned 2/3 MUE, however, as proposed, the BioMarin portion
of the project would be incorporated into the SRCC Planned Development District and a new PD
would be established for all properties. In order to approve this project, the proposal includes a
request for a change to the existing PD zoning. With the requested amendment to the PD
District, the project would be consistent with Policy LU-10. The Whistlestop / EDEN Housing
portion of the project would maintain the existing 2/3 MUE Zoning district and is not subject to
this policy.
LU-12. Building Heights. Citywide height limits in
San Rafael are described in Exhibits 7 and 8. For
Downtown San Rafael height limits see Exhibit 7:
Consistent with amendment and concession
According to Exhibit 7 (Building Heights Limits in Downtown San Rafael) of the General Plan, the
maximum height limit for this property is 54 feet. The project also proposes a Height Bonus
amendment to General Plan Exhibit 10 which would allow a height increase up to 20-feet above
the base height limits. The General Plan defines height of a building for non-hillside homes as
determined by the methods in the latest edition of the Uniform Building Code. This definition
measures height of a building as the vertical distance above a reference datum measured from
lowest adjacent grade to the highest point of a flat roof. Using this definition, the proposed
buildings would total 72 feet in height as measured by the Uniform Building Code, and would
therefore be consistent with the height limits proposed for this site. Furthermore, mechanical
equipment and the elevator towers are not included in height calculations based on the City’s
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-2
Zoning Ordinance. For the Whistlestop, the project is requesting a concession to exceed the
height limit of 54 feet. The General plan currently allows a height bonus of 12 feet in this area for
affordable housing projects. The Whistlestop/EDEN housing project request 4 additional feet of
bonus on top of the 12 foot bonus allowed by the CIty, through a concession under the state
density bonus law.
LU-14. Land Use Compatibility. Design new
development in mixed residential and commercial
areas to minimize potential nuisance effects and to
enhance their surroundings.
Consistent with Conditions
The project site is located in a general commercial/office area of the Downtown San Rafael area.
The proposed research and development and residential buildings are consistent with the
existing development found in the vicinity. The design of the structures are generally within the
size and massing of other commercial buildings found throughout the area. The design,
articulation and massing of both the BioMarin and Whistlestop/EDEN housing components of the
project were reviewed by the Design Revie w Board on multiple occasions and found to be
appropriately designed for the site and surroundings, given that the property is in the heart of
downtown, on a major transportation corridor and abuts other larger scale buildings.
Project impacts such as noise, traffic, lighting and hours of operation have been evaluated as
part of the review of the Use Permit with a determination that there are no significant effects on
the environment.
LU-23. Land Use Map and Categories. Land use
categories are generalized groupings of land uses
and titles that define a predominant land use type
(See Exhibit 11). All proposed projects must meet
density and FAR standards (See Exhibits 4, 5 and 6)
for that type of use, and other applicable
development standards. Some listed uses are
conditional uses in the zoning ordinance and may be
allowed only in limited areas or under limited
circumstances. Maintain a Land Use Map that
illustrates the distribution and location of land uses as
envisioned by General Plan policies. (See Exhibit
11).
Consistent
This site is designated with the “2/3 MUE” District land use category. Office, research and
development, and residential units are allowable land uses. The proposed uses would be
consistent with the existing development in the area and are allowed by this land use
designation.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-3
HOUSING ELEMENT
H-2. Design That Fits into the Neighborhood
Context. Recognize that construction of new housing
and improvements on existing properties can add to
the appearance and value of the neighborhood if they
fit into the established character of the area. Design
new housing, remodels, and additions to be
compatible to the surrounding neighborhood.
Incorporate transitions in height and setbacks from
adjacent properties to respect adjacent development
character and privacy. Respect existing landforms
and minimize effects on adjacent properties.
Consistent
The design of the Whistlestop/EDEN Housing project has been reviewed and recommended for
approval by the Design Review board. The context of the project with it’s surrounding was
considered and found to be appropriate.
H-6. Funding for Affordable Housing. Seek
proactive and creative ways to lower housing costs
for lower income households and people living with
special needs. Continue to use local, state and
federal assistance to achieve housing goals and to
increase ongoing local resources to provide for
affordable housing.
Consistent
As required by the City of San Rafael development fees; the BioMarin project is required to pay
an in-lieu fess into the City’s affordable housing fund. The Whistlestop project would building a
100% senior affordable housing project, which would address a major need for affordable senior
housing in the community.
Program H-6a In-Lieu Fees for Affordable
Housing.
Dedicate in-lieu fees for affordable housing, including
rehabilitation, acquisition and design support for
second units and infill housing.
Consistent
As stated under response to Policy H-6, the BioMarin project is required to pay an in lieu (based
on a formula of development size per affordable unit cost) into the City’s affordable housing fund
to off set the housing impacts and affordable housing needs created by the construction of new
employment. The Whistlestop/EDEN Housing portion of the project proposes 67 units of 100%
affordable housing.
H-9. Special Needs. Encourage a mix of housing
unit types throughout San Rafael, including very low-
and low-income housing for families with children,
single parents, students, young families, lower
income seniors, homeless and the disabled.
Consistent
The development of the Whistlestop/EDEN housing project would address a special needs,
affordable housing for seniors, by providing 67 units of affordable housing to l ow and very low
income seniors
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-4
Accessible units shall be provided in multi-family
developments, consistent with State and Federal law.
H-13. Senior Housing. Encourage housing that
meets the needs of San Rafael’s older population,
particularly affordable units and affordable care
facilities that foster aging within the community.
Support development that provides housing options
so that seniors can find suitable housing to rent or
purchase
See H-9 above
H-14. Adequate Sites. Maintain an adequate supply
of land designated for all types of residential
development to meet the housing needs of all
economic segments in San Rafael. Within this total,
the City shall also maintain a sufficient supply of land
for multifamily housing to meet the quantified housing
need of very low, low, and moderate income housing
units. Encourage development of residential uses in
commercial areas where the vitality of the area will
not be adversely affected and the site or area will be
enhanced by linking workers to jobs, and by providing
shared use of the site or area.
Consistent
Although this site is not on the housing opportunities list of the Housing element, the project
would increase housing, particularly, affordable housing for seniors
H-15. Infill Near Transit. Encourage higher densities
on sites adjacent to a transit hub, focusing on the
Priority Development Area surrounding the San
Rafael Transportation Center and future Downtown
SMART station.
Consistent
The Whistlestop/EDEN housing project would add 67 units near the Bettini Transit Station and
Downtown SMART stations
H-17. Regulatory Processes and Incentives for
Affordable Housing. San Rafael implements a
variety of regulatory processes to address potential
governmental constraints and incentivize the
provision of affordable housing, including density
Consistent with concessions
For the Whistlestop/DEDN Housing component, the project has requested a density bonus
greater than the 35% allowed by the State. The maximum density on the particular 15,000 sq ft
site is 25 units and the 35% density bonus would allow 9 additional bonus units. The project is
seeking a density of 67 units, which exceeds the maximum 35% bonus allowed by the State. The
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-5
bonuses, height bonuses, fee waivers, and reduced
parking requirements. San Rafael's primary tool to
support the development of affordable housing is
through its Affordable Housing Ordinance which both
produces affordable units and generates affordable
housing in-lieu fees. San Rafael was one of the first
cities in the State to adopt such an affordable
housing requirement in the 1980’s. This policy has
resulted in the construction of numerous affordable
units within market rate developments and provided
additional funding for 100% affordable developments.
H-17a. State Density Bonus Law. Under
Government Code section 65915-65918, for
housing projects of at least five units cities
must grant density bonuses ranging from 5%
to 35% (depending on the affordability
provided by the housing project) when
requested by the project sponsor, and
provide up to three incentives or concessions
unless specific findings can be made. San
Rafael has integrated State density bonus
requirements within its Affordable Housing
Ordinance (Zoning Code Section 14.16.030),
depicting the connection with the City's
Inclusionary Housing requirements.
H-17b. Height Bonuses. Continue to offer height
bonuses for projects that include affordable
housing units as provided in Exhibit 10 of the
Land Use Element. Provide early design
review to assist with potential design issues.
Height increases may be granted with a use
permit. Evaluate utilizing height bonuses as a
tool to incentivize lot consolidation.
City of San Rafael has provisions in place to allow for such requests to be considered and
granted for projects that provide significantly more affordable housing than the 20% required. In
this particular case, the project proposes a 100% affordable housing project, therefore the
increased density is supported.
In addition, the Whistlestop/EDEN housing project seeks 4 more feet than the 12 foot height
bonus allowed by the City. They have requested a concession under the S tate Density bonus law
and have demonstrated through a financial pro forma that the increased height and density are
needed to make their project economically viable.
Lastly, the City does have provisions to waive certain impact fees, particularity the traffic
mitigation fee, for affordable housing projects. The waiver of traffic mitigation fees is included in
the project approvals. The City does allow for requests for waiver of building permit fees, for
affordable housing project, subject to criteria established in the City’s Fee Waiver process
outlined in a City Council Resolution. Should the applicant choose to request this waiver, they
can apply for consideration following approval of the project
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-6
H-17c. Waiver or Reduction of Fees. Continue
to offer fee waivers and reductions for
applications including affordable units,
consistent with Resolution 11025. Facilitate
the production of second units through
elimination of the traffic mitigation fee
(adopted in 2012), and coordination with
local jurisdictions to lobby Las Gallinas Valley
Sanitary District to reduce sewer connection
fees for second units and affordable housing.
H-18. Inclusionary Housing Requirements. The
City of San Rafael first adopted inclusionary
requirements in the 1980’s. The City requires
residential projects to provide a percentage of
affordable units on site and/or pay in-lieu of fees for
the development of affordable units in another
location. The City’s program requires the units remain
affordable for the longest feasible time, or at least 55
years. The City's primary intent is the construction of
units on-site. The units should be of a similar mix and
type to that of the development as a whole, and
dispersed throughout the development. If this is not
practical or not permitted by law, the City will
consider other alternatives of equal value, such as in-
lieu fees, construction of units off-site, donation of a
portion of the property for future nonprofit housing
development, etc. Allow for flexibility in providing
affordable units as long as the intent of this policy is
met. Specific requirements are 20% for projects that
proposed 21 + units
Consistent
The Whistlestop/EDEN housing project exceeds the 20% requirement, by proposing a 100%
affordable housing project
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-7
NEIGHBORHOODS ELEMENT
NH-7. Neighborhood Identity and Landmarks.
Enhance neighborhood identity and sense of
community by retaining and creating gateways,
landmarks, and landscape improvements that help to
define neighborhood entries and focal points.
Consistent
The proposed project includes building design that presents an entry and focal point for the
project along the 2nd and 3rd Street corridors. The BioMarin building establishes a unique,
landmark building design, along a major arterials in the heart of downto wn. The design utilizes
high quality materials, and cutting edge design for this gateway site. Landscape plans are
consistent with established landscaping for downtown development.
The BioMarin component of the project, although tucked behind the BioMarin buildings, is
designed to incorporate high quality materials, provide adequate setback and upper story
stepbacks to address the pedestrian experience along Third St.
NH-8. Parking. Maintain well-landscaped parking
lots and front setbacks in commercial and institutional
properties that are located in or adjacent to
residential neighborhoods. Promote ways to
encourage parking opportunities that are consistent
with the design guidelines.
Consistent
The proposed project includes landscape plans for surface parking areas and maintains existing
and required setbacks for adjacent properties.
NH-136. Design Excellence.
Assure quality of design by supporting policies that
encourage harmonious and aesthetically pleasing
design for new and existing development. Upgrade
and coordinate landscaping, signage, and building
design in the Town Center area, as well as improving
building and landscaping maintenance.
Consistent
The proposed project includes building design consistent with development in the plan area. The
two components of this project complement each other, even though they provide two distinct
architectural styles. See NH-7 above
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-8
NH-22. Housing Downtown.
Create a popular and attractive residential
environment that contributes to the activity and
sense of community Downtown. This includes:
a. Preserving and upgrading existing units,
b. Providing incentives to encourage new private
sector construction of housing, particularly
affordable housing, live/work units, and single
room occupancy (SRO) units,
c. Designing units that take advantage of
Downtown's views, proximity to shopping and
services, and transit, and
d. Implementing zoning standards that reflect
Downtown’s urban character.
Consistent
The proposed project includes building 67-units of 100% affordable housing in a design
consistent with existing development in the plan area and close to existing services, amenities,
and transit.
NH-29. Downtown Design.
New and remodeled buildings must contribute to
Downtown’s hometown feel. Design
elements that enhance Downtown’s identity and
complement the existing attractive
environment are encouraged, and may be required
for locations with high visibility or
for compatibility with historic structures. Design
considerations include:
• Varied and distinctive building designs,
• Sensitive treatment of historic resources,
• Generous landscaping to accent buildings,
• Appropriate materials and construction, and
• Site design and streetscape continuity
Consistent
The proposed project includes building design that presents an entry and focal point for the
project along the 2nd and 3rd Street corridors. The project includes design consideration that
include varied and distinctive building designs, varied and setbacks along 2nd and 3rd St’s and S
generous landscaping to accent buildings, appropriate materials and construction, and site
design and streetscape continuity.
NH-30. Pedestrian Environments.
Enhance Downtown’s streets by establishing
pedestrian environments appropriate to each District.
These environments could include the following:
• Well-designed window displays and views into retail
Consistent
The proposed project includes appropriate building setbacks, landscaping and pedestrian
access, including well-designed retail spaces, signs that are easy for pedestrians to see and
read, sun-filled outdoor courtyards, plazas and seating areas adjacent to main thoroughfares,
and attractive street furniture and lighting.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-9
stores,
• Outdoor businesses and street vendors,
• Signs that are easy for pedestrians to see and read,
• Sun-filled outdoor courtyards, plazas and seating
areas,
• Attractive street furniture and lighting,
NH-31. Ground Floor Designed for Pedestrians.
Ensure that all buildings, regardless of height, are
comfortable for people at the street
level. This includes:
• Relating wall and window heights to the height of
people,
• Use of architectural elements to create visual
interest,
• Adding landscaping and insets and alcoves for
pedestrian interest, and,
• Stepping upper stories back as building height
increases.
Consistent
The proposed project includes appropriate building setbacks, landscaping and pedestrian
access. Both portions of the project include well-defined entrances for pedestrians and ground
floor services including a retail/café area at the corner of 3rd and Lindaro. The Whistlestop
portion of the project was significantly redesigned through the Design Review process to
enhance and improve the pedestrian experience and the final design and ultimately
recommended for approval by the Design Review Board.
COMMUNITY DESIGN ELEMENT
CD-5. Views. Respect and enhance to the greatest
extent possible, views of the Bay and its islands, Bay
wetlands, St. Raphael’s church bell tower, Canalfront,
marinas, Mt. Tamalpais, Marin Civic Center and hills
and ridgelines from public streets, parks and publicly
accessible pathways.
Consistent
This proposed project would not have a significant impact on views of the hills and ridgelines or
Mt. Tamalpais from public vantage points around the site. The project is proposing a height
increase that is consistent with the height within the context of the surrounding development. The
Environmental Impact Report (EIR) prepared for the project evaluated impacts to scenic
resources and views and concluded that there are no significant impacts. Furthermore, the
Design Review Board reviewed the proposed project for consistent with this Community Design
policies of the General Plan and recommended approval to the Planning Commission.
CD-10 (Non-Residential Design Guidelines).
Recognize, preserve and enhance the design
elements that contribute to the economic vitality of
Consistent with conditions
As part of the General Plan 2020, the City adopted residential design guidelines for non-
residential projects. The Design Review Board reviewed the proposed project for consistency
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-10
commercial areas. Develop design guidelines to
ensure that new nonresidential and mixed-use
development fits within and improves the immediate
neighborhood and the community as a whole.
with both the City’s non-residential and residential guidelines and provided comments and
recommendations for the project design.
CD-15. Participation in Project Review. Provide for
public involvement in the review of new development,
renovations, and public projects with the following: a)
design guidelines and other information relevant to
the project as described in the Community Design
Element that would be used by residents, designers,
project developers, City staff, and City decision
makers; b) distribution of the procedures of the
development process that include the following:
submittal information, timelines for public review, and
public notice requirements; c) standardized
thresholds that state when design review of projects
is required (e.g. residential conversions, second-story
additions); and d) effective public participation in the
review process.
Consistent
When the application for this project was received, copies of plans were referred to all
surrounding neighborhood groups. Notices of public hearings were mailed to all property owners,
neighborhood groups and interested parties within 300 of the project site informing them of the
proposed project and all public meetings prior to all public meetings conducted for this project. In
addition, the site was posted with notice of all public meetings on this proposed project. The
applicant has been active in reaching out to community and neighborhood groups.
CD-16. Property Maintenance. Provide incentives
and enforcement to achieve desirable property
maintenance.
Consistent with conditions
As part of this Environmental and Design Review Permit, conditions of approval will be included
requiring a landscape and property maintenance agreements.
CD-18. Landscaping. Recognize the unique
contribution provided by landscaping, and make it a
significant component of all site design.
Consistent with conditions
A landscape plan was presented as part of this project for new landscaping. The landscape plan
was reviewed by the Design Review Board and found to be ac ceptable.
CD-19. Lighting. Allow adequate site lighting for
safety purposes while controlling excessive light
spillover and glare.
Consistent
A lighting plan was submitted with the application which indicates no excessive light spillover or
glare. A final lighting plan will be required prior to issuance of a building permit and once the
lighting is installed, there will be a 30-day lighting review to confirm the light levels and require
adjustments if necessary.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-11
CD-21. Parking Lot Landscaping. Provide parking
lot landscaping to control heat build-up from
pavement, reduce air pollution, provide shade cover
for vehicles and soften the appearance of the parking
lot. Emphasize the use of trees, and limit the height
of shrub plantings so as to avoid creating security
problems.
CD-21a. Parking Lot Landscaping
Requirements. Update parking lot
landscape requirements to increase the
screening of parking lots from the street and
nearby properties. Requirements would
address appropriate size and location of
landscaping, necessary screening consistent
with security considerations, tree protection
measures, and appropriate percent of shade
coverage required of parking lot trees.
Include maintenance requirements in all
approvals.
CD-21b. Parking Lot Landscape Enforc ement.
Require that newly installed parking lot landscaping
be maintained and replaced as needed. Assure that
landscaping is thriving prior to expiration of the
required 2-year maintenance bond.
Consistent
A landscape plan was presented as part of this project for new landscaping which included
screen/shade trees for surface parking. No shade or solar structure are proposed to cover all
vehicle parking spaces.
ECONOMIC VITALITY
Policy EV-1. Economic Health and Quality of Life
Understand and appreciate the contributions
essential to our quality of life made by a
healthy economy, especially to public safety, our
schools, recreation, and government
services.
Consistent
The proposed project would help retain an existing business in the City thus contributing to the
City’s economic vitality. The project would result in the occupancy of a large, vacant existing infill
site, which would enhance the physical environment of the Downtown and surrounding area.
Policy EV-2. Seek, Retain, and Promote Consistent
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-12
Businesses that Enhance San Rafael.
Recruit and retain businesses that contribute to our
economic vitality, thus helping to provide needed
local goods, services and employment, and enhance
the City’s physical environment.
The proposed project would help retain an existing business in the City and allow for it’s
continued growth, thus contributing to the City’s economic vitality. The project would result in the
development of two marquee facilities for current major San Rafael businesses/employers .
In addition, the BioMarin Development would allow for the relocation of the Whistlestop senior
center from it’s current location to this site and allow for the development of a new, modern
health aging campus with 67 affordable senior units. Whistlestop is an important employer in the
city and downtown, but more importantly, if a key service provider to residents of San Rafael and
the County as a whole.
Policy EV-4. Local Economic and Community
Impacts.
In addition to review of environmental, traffic and
community design impacts, take the following into
account when major projects, policies and land use
decisions are under review:
• Fiscal impacts on the City’s ability to provide and
maintain infrastructure and services.
• Impacts on the community such as the provision
of jobs which match the local workforce,
commute reduction proposals, and affordable
housing.
• Additional or unique economic, fiscal and job-
related impacts.
• Fiscal and community impacts of not approving a
project, plan or policy.
Consistent
Required infrastructure and services are already available for the property. The project site is
located off 2nd and 3rd Street. The proposed project would add to the local job pool that in turn,
would result in commute reduction for local employees who would be employed by
BioMarin/Whistlestop. The development includes affordable housing.
EV-11. Promotion of Workplace Alternatives.
Promote the establishment of workplace alternatives,
including home-based businesses, telecommuting
and satellite work centers.
EV-11a. Home Occupations. Work with
neighborhood organizations and business
owners to reexamine and update home
occupation zoning regulations to reflect
Consistent
The project applicant has included a Transportation Demand Management Plan as part of the
project and includes concepts like carpooling and shuttle services.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-13
changing trends. Continue to enforce
compliance of unlicensed home businesses.
EV-11b. Telecommute Policy. Consider
establishing a telecommute policy for City
employees.
EV-11c. Workplace Alternatives.
Encourage employers to offer workplace
alternatives and promote the formation of
satellite business centers.
Program EV-13a. Zoning Regulations. Review
zoning and development regulations for each
business area and make sure that they are
consistent, with the objective of strengthening the
unique economic role of each area.
Consistent
The project proposes amending PD-1936 to accommodate the BioMarin portion of the project
which will contribute to the important economic role in the City.
CIRCULATION ELEMENT
C-5. Traffic Level of Service Standards.
A. Intersection LOS. In order to ensure an
effective roadway network, maintain
adequate traffic levels of service (LOS)
consistent with standards for signalized
intersections in the A.M. and P.M. peak
hours as shown below, except as provided
for under (B) Arterial LOS.
Consistent with Statement of Overriding Considerations/conditions
The traffic analysis for this new project identifies that the combined project would generate 472
peak trips (236 in the A.M. peak period and 236 trips in the PM peak period). The EIR prepared
for the project identified all circulation network impacts and proposed mitigation as appropriate.
However, there are no feasible mitigation measures for impacts to LOS to the circulation network
surrounding the project area. Pursuant to CEQA Guidelines Section 15063, the San Rafael
General Plan 2020 includes Circulation Element Policy C-5D (Evaluation of Project Merits) and
Program C-5c (Exception Review), which permits the City to authorize an exception to the City-
adopted traffic standards by weighing the community benefits of a project against the potential
for the project to deviate from the City-adopted level of service (LOS) traffic standards.
C-5c. Exception Review. When the City Council
finds that a project provides significant community
benefits yet would result in a deviation from the LOS
standards, the City Council may approve such a
project through adoption of findings, based on
Consistent, with Exception
See C-5. The development of this project would result in deviations from the LOS standards
identified in Policy C-5. Similar to the EIR process which identifies deviations from thresholds as
significant, unavoidable impacts, The General Plan includes a policy to allow the exception fo the
LOS standards, based on the findinds that are listed.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-14
substantial evidence, that the specific economic,
social, technological and/or other benefits of the
project to the community substantially outweigh the
project’s impacts on circulation, and that all feasible
mitigation measures have been required of the
project.
The City has considered the impacts to LOS standards, and found tthat the project provides such
economic, social and other public benefits that outweigh the impacts to the circulation network.
The primary findings include:
• Project would allow and accommodate the future growth needs for a major downtown
employer, which will allow that employer to continue to succeed.
• BioMarin is a major employer in Downtown and provides multiple spin off effects from
their employees shopping and dining and patronizing other businesses in downtown
• The BioMarin development would facilitate the relocation of Whistlestop, providing them
with an location to build a new health aging campus and 67 affordable units
• The project would redevelop a vacant and underutilized, former brownfield site, with a
high quality project, that would serve as catalyst to growth in Downtown
• Other public benefits, including monetary contributions to transportation improvements,
provision of a public plaza and retail space in one of the new BioMarin buildings and
numerous other public benefits.
Findings to grant the Exception to LOS standard have been made and are included in the
Resolutions recommending approval of the project.
Policy C-7. Circulation Improvements Funding.
Take a strong advocacy role in securing funding for
planned circulation improvements. Continue to seek
comprehensive funding that includes Federal, State,
County and Redevelopment funding, Local Traffic
Mitigation Fees and Assessment Districts. The local
development projects’ share of responsibility to fund
improvements is based on: (1) the generation of
additional traffic that creates the need for the
improvement; (2) the improvement’s role in the
overall traffic network; (3) the probability of securing
funding from alternative sources; and (4) the timing of
the improvement.
Consistent with mitigation measures/conditions
The City of San Rafael has adopted Traffic Mitigation fees for new projects. The Traffic Mitigation
fees are used to make necessary improvements to the traffic network. As proposed, the project
would be required to pay traffic mitigation fees, which would support circulation improvements
funding under Policy C-6 and C-7.
C-8. Eliminating and Shifting Peak Hour Trips.
Support efforts to limit traffic congestion through
Consistent
The project applicant has included a Transportation Demand Management Plan as part of the
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-15
eliminating low occupancy auto trips or shifting peak
hour trips to off-peak hours. Possible means include
telecommuting, walking and bicycling, flexible work
schedules, car and vanpooling and other
Transportation Demand Management approaches.
application submittal and includes concepts like carpooling, bicycle parking, shuttle services, and
transit subsidies.
C-12. Transportation Demand Management. Work
cooperatively with governmental agencies, non-
profits, businesses, institutions and residential
neighborhoods to create new and effective
Transportation Demand
Management (TDM) programs to minimize single
occupancy automobile use and peak period traffic
demand.
C-12a. Regional Support for TDM. Support
regional efforts to work with employers to
provide TDM programs.
C-12b. City Support for TDM. Serve as a
resource to employers wishing to implement
TDM by providing information through printed
materials, workshops and other means.
Encourage smaller employers to “pool”
resources to create effective TDM programs.
C-12c. City TDM Program. Identify cost-
effective City of San Rafael TDM programs for
City employees. Consider approaches taken by
the County in its Employee Commute
Alternative Program.
Consistent
The project applicant has included a Transportation Demand Management Plan as part of the
application submittal and includes concepts like carpooling, bicycle parking, shuttle services, and
transit subsidies. The ERI certified for the project, including mitigation measures, requires a 15%
reduction in trips
INFRASTRUCTURE ELEMENT
I-10. Sewer Facilities. Existing and future Consistent
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-16
development needs should be coordinated with
responsible districts and agencies to assure that
facility expansion and/or improvement meets Federal
and State standards and occurs in a timely fashion.
The site is already served by the San Rafael Sanitation District and they have reviewed the
project and determined that there is adequate capacity to serve the addition of this facility.
GOVERNANCE ELEMENT
G-1. Jobs and Diversity. Encourage the creation
and retention of a wide variety of job opportunities at
a mix of economic levels.
Consistent
The proposed project would add laboratory and office spaces for a leading San Rafael
business/employer. In addition, the project would support the continued operations of another
leading business/employer, Whistlestop, by developing a high quality Healthy Aging Campus.
SUSTAINABILITY ELEMENT
SU-1. Land Use. Implement General Plan land use
policies to increase residential and commercial
densities within walking distance of high frequency
transit centers and corridors.
Consistent
The uses are proposed within a vacant parcel adjacent to an office park that is close to public
transit (Bettini Transit Station and SMART rail station at Downtown).
SU-2. Promote Alternative Transportation.
Decrease miles traveled in single-occupant vehicles.
Consistent with conditions
The project includes a TDM to reduce vehicular trips by 15%
SU-5. Reduce Use of Non -Renewable Resources.
Reduce dependency on non-renewable resources.
Consistent
The project tis required to comply with the recently updated California Green codes
SU-6. Resource Efficiency in Site Development.
Encourage site planning and development practices
that reduce energy demand, support
transportation alternatives and incorporate resource-
and energy-efficient infrastructure.
Consistent
Site planning considered ways to reduce energy reduction. See SUU-1 and SU-5 above. In
addition, development housing and a major
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-17
SAFETY ELEMENT
S-1. Location of Future Development. Permit
development only in those areas where potential
danger to the health, safety and welfare of the
residents of the community can be adequately
mitigated.
Consistent
Geoseismic dangers will be evaluated through the review and approvals process for project site
and have consistently found that the project would not pose potential danger to the health, safety
and welfare of the community.
S-3. Use of Hazard Maps in Development Review.
Review Slope Stability, Seismic Hazard, and Flood
Hazard Maps at the time a development is proposed.
Undertake appropriate studies to assure identification
and implementation of mitigation measures for
identified hazards.
Consistent
The Geology and Stability Map and Flood Hazard Area Maps of the General Plan, Exhibits 27
and 29, were reviewed and it was determined that based on these maps, the site is located in the
100-year flood hazard area and located in an areas that is characterized as artificial fill. The
project has been designed to address these baseline considerations.
S-4. Geotechnical Review. Continue to require
geotechnical investigations for development
proposals as set forth in the City's Geotechnical
Review Matrix (Appendix F). Such studies should
determine the actual extent of geotechnical hazards,
optimum design for structures, the advisability of
special structural requirements, and the feasibility
and desirability of a proposed facility in a specified
location.
Consistent with conditions
A Geotechnical Investigation Report was prepared by Miller Pacific Engineering and reviewed by
the City as a component of the environmental review prepared for the project. The report meets
the requirements set forth in the Geotechnical Review Matrix and is appropriate for the
preliminary design stages of the project. The report will be peer reviewed from a geotechnical
engineering standpoint as part of the EIR and any mitigation measures will be incorporated as
conditions of approval.
S-5. Minimize Potential Effects of Geological
Hazards. Development proposed within areas of
potential geological hazards shall not be endangered
by, nor contribute to, the hazardous conditions on the
site or on adjoining properties. Development in areas
subject to soils and geologic hazards shall
incorporate adequate mitigation measures. The Cit y
will only approve new development in areas of
identified hazard if such hazard can be appropriately
Consistent with conditions
The above-mentioned Geotechnical Investigation Reports and peer reviews will assess the
project feasibility from a geotechnical standpoint and recommended mitigation measures to
ensure the potential hazards are reduced to levels of insignificance would be incorporated as
conditions of approval.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-18
mitigated.
S-6. Seismic Safety of New Buildings.
Design and construct all new buildings to resist
stresses produced by earthquakes. The minimum
level of seismic design shall be in accordance with
the most recently adopted building code as required
by State law.
Consistent with conditions
The project site including a major portion of Marin County is located within Seismic Source Type
“A” (capable of large magnitude earthquakes and high rate of seismic activity). A Geotechnical
report must be prepared and submitted with building permit plans would guide the design and
construction of the new building to resist stresses produced by earthquakes. With the
implementation of this measure, the project is consistent with this policy for Seismic Safety of
New Buildings. Mitigation measures have been incorporated as conditions of approval.
S-12. Use of Environmental Databases in
Development Review. Review the San Rafael Fire
Department’s database of contaminated sites at the
time a development is proposed. Undertake
appropriate studies to assure identification and
implementation of mitigation measures for sites on or
near identified hazards.
Consistent
A Phase I environmental report was prepared for the existing office building as part of the
environmental review. The site is currently undergoing remediation to remove hazardous
material. This action and accompanying studies will be incorporated into the final environmental
document prepared for the project.
S-13. Potential Hazardous Soils Conditions.
Where development is proposed on sites with known
previous contamination, sites filled prior to 1974 or
sites that were historically auto service, industrial or
other land uses that may have involved hazardous
materials, evaluate such sites for the presence of
toxic or hazardous materials. The requirements for
site-specific investigation are contained in the
Geotechnical Review Matrix.
Consistent
See Response to S-12 above.
S-14. Hazardous Materials Storage, Use and
Disposal. Enforce regulations regarding proper
storage, use and disposal of hazardous materials to
prevent leakage, potential explosions, fires, or the
escape of harmful gases, and to prevent individually
innocuous materials from combining to form
hazardous substances, especially at the time of
Consistent
No hazardous materials are proposed to be used, stored or disposed of at this site as part of the
new mixed-use building. This proposed project would not impact that permit and no further
permitting or evaluation is necessary.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-19
disposal.
S-18 Storm Drainage Improvements. Require new
development to improve local storm drainage
facilities to accommodate site runoff anticipated from
a “100-year” storm .
S-18a. Storm Drainage Improvements. Require
that new development proposals which are likely
to affect the limited capacity of downstream storm
drainage facilities provide a hydrological analysis
of the storm drain basin of the proposed
development and evaluate the capacity of
existing downstream storm drainage facilities and
fund improvements to accommodate increased
drainage from the project site resulting from a
100-year storm, where practical.
Consistent with conditions
The EIR prepared to evaluate the hydrology and water quality impacts of the proposed project on
the environment and determined that through implementation of recommended mitigation
measures impacts could be reduced to less than significant levels.
The proposed project would also implement stormwater control measures such as Low Impact
Development (LID) and Best Management Practices (BMP’s) to address long-term operational
water quality impacts associated with the project.
S-22. Erosion. Require appropriate control measures
in areas susceptible to erosion, in conjunction with
proposed development. Erosion control measures
and management practices should conform to the
most recent editions of the Regional Water Quality
Control Board’s Erosion and Sediment Control Field
Manual and the Association of Bay Area
Governments’ Manual of Standards for Erosion and
Sediment Control or equivalent.
S-22a. Erosion Control Programs. Review and
approve erosion control programs for projects
involving grading one acre or more or 5,000
square feet of built surface as required by
Standard Urban Stormwater Management Plans
(SUSUMP). Evaluate smaller projects on a case-
by-case basis.
Consistent with conditions
The EIR prepared to evaluate the hydrology and water quality impacts of the proposed projec t on
the environment determined that through implementation of recommended mitigation measures
impacts could be reduced to less than significant levels.
This project has been reviewed by the City’s Public Works Department which implements the
erosion and sediment control standards and regulations. A standard condition of approval would
require the applicant to submit a soil management plan (SMP) addressing soil and groundwater
management for review and approval by the City of San Rafael Public Works Department prior to
the issuance of building permits.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-20
S-22b. Grading During the Wet Season.
Discourage grading during the wet season and
require that development projects implement
adequate erosion and/or sediment control and
runoff discharge measures.
S-25. Regional Water Quality Control Board
(RWQCB) Requirements. Continue to work through
the Marin County Stormwater Pollution Prevention
Program to implement appropriate Watershed
Management plans as dictated in the RWQCB
general National Pollutant Discharge Elimination
System permit for Marin County and the local
stormwater plan.
Consistent with condition
This project has been reviewed by the City’s Public Works Department which implements the
Stormwater Pollution Prevention standards and regulations. As designed, the proposed project
includes adequate measures to reduce stormwater run-off consistent with the standards
established by the RWQCB. The project would direct all run-off to the landscape areas and on-
site filtration devices, before being discharged into the City’s stormdrain system. A standard
condition of approval would require the applicant to submit a Storm Water Pollution Prevention
Plan (SWPPP) for review and approval by the City of San Rafael Public Works Department prior
to the issuance of building permits.
S-26. Fire and Police Services. Maintain adequate
cost-effective fire protection, paramedic and police
services. Minimize increases in service needs from
new development through continued fire prevention
and community policing programs.
Consistent with conditions
The City of San Rafael Police and Fire Departments have both reviewed the proposed project
and certain conditions of approval to ensure that the new development would c omply with their
regulations and standards. The Fire Department has found that the project would comply with all
Fire Codes and their recommended conditions of approval have been incorporated. The Crime
Prevention officer of the Police Department has also reviewed the proposed project and found
that the use and structure would be consistent with their crime prevention standards.
NOISE ELEMENT
N-1. Noise Impacts on New Development. Protect
people in new development from excessive noise by
applying noise standards in land use decisions. Apply
the Land Use Compatibility Standards (see Exhibit
31) to the siting of new uses in existing noise
environments. These standards identify the
acceptability of a project based on noise exposure. If
Consistent with condition
Exhibit 31 of the General Plan 2020 illustrates the land use compatibility standards for locating
new development in existing environments. The land use category for the proposed use would
be medical office. New uses in this category are conditionally permitted in environments that
exhibit between 65 a d 85 Ldn (dB). An evaluation in the EIR of the existing noise environment
around the site would require consistency with adopted Noise Ordinance and Policies.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-21
a project exceeds the standards in Exhibit 31, an
acoustical analysis shall be required to identify noise
impacts and potential noise mitigations. Mitigation
should include the research and use of state-of-the-
art abating materials and technology.
N-3. Planning and Design of New Development.
Encourage new development to be planned and
designed to minimize noise impacts from outside
noise sources.
Consistent
See N-1 above
N-4. Noise from New Nonresidential
Development. Design nonresidential development to
minimize noise impacts on neighboring uses.
a. Performance Standards for Uses Affecting
Residential Districts. New nonresidential
development shall not increase noise levels in a
residential district by more than Ldn 3 dB, or
create noise impacts that would increase noise
levels to more than Ldn 60 dB at the property line
of the noise receiving use, whichever is the more
restrictive standard.
b. Performance Standards for Uses Affecting
Nonresidential and Mixed Use Districts. New
nonresidential projects shall not increase noise
levels in a nonresidential or mixed-use district by
more than Ldn 5 dB, or create noise impacts that
would increase noise levels to more than Ldn 65
dB (Office, Retail) or Ldn 70 dB (Industrial), at the
property line of the noise receiving use,
whichever is the more restrictive standard.
c. Waiver. These standards may be waived if, as
determined by an acoustical study, there are
mitigating circumstances (such as higher existing
Consistent with conditions
The EIR prepared to evaluate the noise impacts of the proposed project on sensitive receptors
determined that there are no significant effects to the environment after implementation of
mitigation measures. Best Management construction techniques approval to limit potential
sources of auditory impacts will be implemented as a condition of approval.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-22
noise levels), and no uses would be adversely
affected.
N-4a. Require Acoustical Study. Identify
through an acoustical study noise mitigation
measures to be designed and built into new
nonresidential and mixed-use development,
and encourage absorptive types of mitigation
measures between noise sources and
residential districts.
N-5. Traffic Noise from New Development.
Minimize noise impacts of increased off-site traffic
caused by new development. Where the exterior Ldn
is 65 dB or greater at a residential building or outdoor
use area and a plan, program, or project increases
traffic noise levels by more than Ldn 3 dB, reasonable
noise mitigation measures shall be included in the
plan, program or project.
Consistent
The EIR prepared to evaluate the noise impacts of the proposed project on sensitive receptors
requires implementation of mitigation measures to reduce potential significant effects to the
environment to less than significant levels. Best Management construction techniques approval
to limit potential sources of auditory impacts during construction will be implemented as a
condition of approval. The EIR also evaluated long-term impacts due to operational activities.
CONSERVATION ELEMENT
CON-1. Protection of Environmental Resources.
Protect or enhance environmental resources, such as
ridgelines, wetlands, diked baylands, creeks and
drainageways, shorelines and habitat for threatened
and endangered species.
Consistent
The proposed project would be developed on a previously developed site on which there are no
known environmental resources.
CON-16. Landscape with Native Plant Species.
Encourage landscaping with native and compatible
non-native plant species, especially drought-resistant
species.
Consistent
The project includes a landscape plan that is consistent with drought-tolerant planting and native
species.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-23
CON-16a. Distribution of Information.
Distribute Marin Municipal Water District and
other organizations’ educational materials about
native plant landscaping.
CON-17. Resource-efficient Organizations and
Businesses. Encourage businesses, commercial
property owners, apartment building owners and non-
profit organizations to be resource, energy and water
efficient.
CON-17a. Regional Energy Office. Consider
participation in the County’s Regional Energy
Office.
CON 17b. Green Business Program.
Encourage San Rafael businesses to participate
in the County's Green Business program.
Consistent
The project includes a landscape plan that is consistent with drought-tolerant planting and native
species.
CON-18. Resource-Efficient Building Design.
Promote and encourage residences to be resource,
energy and water efficient by creating incentives and
removing obstacles to promote their use.
CON-18a. Energy-efficient Homes. Encourage
the construction of homes and buildings that
exceed Title 24 standards. Consider adoption of
an ordinance requiring greater energy efficiency
in construction of larger homes.
CON-18b. Zoning and Building Code Review.
Identify barriers to resource efficiency in the
Zoning and Building Codes and evaluate the
suitability of removing those obstacles.
CON-18c. Use of Alternative Building
Materials. Evaluate the benefits and impacts of
Consistent
The project is designed to be energy efficient and adhere to LEED standards for commercial
development.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-24
amending the City’s building codes and zoning
ordinances to allow the use of acceptable
resource-efficient alternative building materials
and methods.
CON-18d. Incentives for Solar and Clean
Energy. Seek ways to provide incentives for
solar and clean energy systems.
CON-18e. LEED Program. Encourage
developers to use “Leadership in Energy and
Environmental Design” Standards.
CON-20. Water Conservation. Encourage water-
conserving practices in businesses, homes and
institutions and increase the use of recycled water.
CON-20a. Water Conserving Landscaping.
Make available to property managers, designers
and homeowners information about water-
conserving landscaping and water-recycling
methods and resources.
CON-20b. Water Recycling. Support the
extension of recycled water distribution
infrastructure. Require the use of recycled water
where available.
Consistent
The project includes a landscape plan that is consistent with drought-tolerant planting and native
species.
CON-23. Energy-efficient Transportation
Programs. Encourage the creation of programs such
as Transportation Systems Management (TSM),
public transit, carpools/ vanpools, ride-match,
bicycling, and other alternatives to the energy-
inefficient use of vehicles.
Consistent
The applicant has included a TDM as part of the application submittal.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-25
AIR AND WATER QUALITY ELEMENT
AW-1. State and Federal Standards. Continue to
comply and strive to exceed state and federal
standards for air quality for the benefit of the Bay
Area.
Consistent with condition
Due to the nature of the proposed development, the project would not generate any excessive air
quality impacts and would be consistent with the Bay Area Air Quality District requirements
Traffic associated with the facility was evaluated and found to be within the thresholds
established for air quality impacts. Furthermore, the proposed development is within the
additional development assumed under the General Plan 2020 and therefore cumulative impacts
have been analyzed and found to be acceptable.
AW-2. Land Use Compatibility. To ensure excellent
air quality, promote land use compatibility for new
development by using buffering techniques such as
landscaping, setbacks and screening in areas where
different land uses abut one another.
Consistent
This proposed development is situated in the Downtown San Rafael District area and abuts
many other similar use buildings. The proposed land use from this project is compatible with
surrounding land uses.
AW-4. Particulate Matter Pollution Reduction.
Promote the reduction of particulate matter pollution
from roads, parking lots, construction sites,
agricultural lands and other activities.
AW -4a. Pollution Reduction. Through
development review, ensure that any proposed
new sources of particulate matter use latest
control technology (such as enclosures, paving
unpaved areas, parking lot sweeping and
landscaping) and provide adequate buffer
setbacks to protect existing or future sensitive
receptors.
AW -4b. Fireplaces and Wood burning
Stoves. Cooperate with the local air quality
district to monitor air pollution and enforce
mitigations in areas affected by emissions from
fireplaces and wood burning stoves. Encourage
efficient use of home wood burning heating
Consistent with condition
The project would be required to implement Air Quality control measures per EIR analysis for
construction activities. The proposed drainage plan is designed to be consistent with local air-
quality pollution standards by implementing dust and pollution control measures during
construction.
EXHIBIT 3
REVIEW OF GENERAL PLAN 2020 GOALS AND POLICIES
999 3rd Street BioMarin / Whistlestop / EDEN Housing Project Consistency with
San Rafael General Plan 2020 Policies and Programs
999 3rd Street - BioMarin / Whistlestop / Eden Housing File #: GPA 18-001, ZC18-002, ZO18-003, ED18-087,
UP18-034, SP18-006, S18-001, DA19-001,
Title: General Plan 2020 Consistency Table
Exhibit: 3-26
devices. Adopt and implement the BAAQMD
Model Wood smoke Ordinance for new
residential development.
AW-7. Local, State and Federal Standards.
Continue to comply with local, state and federal
standards for water quality.
Consistent with condition
The project would be required to comply with the City’s Stormwater Pollution Prevention
standards which are derived from the Regional Water Quality Board. The proposed drainage
plan is designed to be consistent with the stormwater pollution standards by treating stormwater
runoff on-site in landscape areas or through an on-site filtration area before it enters into the
storm drain system.
AW-8. Reduce Pollution from Urban Runoff.
Address non-point source pollution and protect
receiving waters from pollutants discharged to the
storm drain system by requiring Best Management
Practices quality.
• Support alternatives to impervious surfaces
in new development, redevelopment or public
improvement projects to reduce urban runoff
into storm drain system, creeks and the Bay.
• Require that site designs work with the
natural topography and drainages to the
extent practicable to reduce the amount of
grading necessary and limit disturbance to
natural water bodies and natural drainage
systems.
Where feasible, use vegetation to absorb and filter
fertilizers, pesticides and other pollutants.
Consistent
See AW -7 above. Furthermore, as a standard building permit condition of approval, the proposed
project would implement a storm water pollution and prevention plan (SWPPP) and Best
Management Practices to minimize impacts on water quality and non-point source pollution
discharge into the storm water system.
EXHIBIT 4
SAN RAFAEL DESIGN GUIDELINES
999 3rd Street – BioMarin/Whistlestop/Eden Housing Project Consistency with San Rafael Design Guidelines
999 3rd Street – BioMarin/Whistlestop/Eden Housing File #: GPA18-001, ZO18-003, ZC18-002, ED18-087,UP18-034,
SP18-006, S18-001, DA19-001,
Title: Design Guidelines Consistency Table
Exhibit: 4-1
PARKING LOTS
• A logical sequence of entry and arrival as part of the site’s design
should be provided.
• Where possible, design entrances from the street to direct views
toward the building entry.
• Parking areas should be screened from the street with hedges, walls,
fences or berms, subject to security considerations.
• Auto and pedestrian entrances into development should be easy to
find. Use of special entry treatment, special plantings and signage
should be located at the entries.
• Pedestrian areas should be made visually attractive with special
planting and flowering trees.
• Shade trees should be provided in parking lots per the Zoning
Ordinance.
Consistent
The project site design provides a clear sense of entry from Lindaro and
directs views toward the proposed building. The landscape plan includes
screen trees and plantings around the base of the structure to soften the
edge appearance. Pedestrian areas are visually attractive and include
special planting and flowering trees. Shade trees are provided in parking
lots per the Zoning Ordinance.
LANDSCAPING
• Landscaped areas should be planned as integral parts of the
development and to create a strongly landscaped character of the
site.
• Commercial signage or displays should not be hidden with
landscaping.
• Trees should be planted in a variety of locations.
• Add street trees where practical.
Consistent
The project is in compliance with the above Landscaping guidelines.
The planting plan proposes native trees to provide screening. Street
trees in front of the proposed structures are proposed wherever
appropriate for emergency and fire service access.
LIGHTING
• Limit the intensity of lighting to provide for adequate site security and
for pedestrian and vehicular safety.
• Shield light sources to prevent glare and illumination beyond
boundaries of the property.
• Lighting fixtures should compliment the project architecture.
Consistent
The lighting plan submitted indicates that the project does not create
glare or illumination beyond the property boundary. The final building
permit is conditioned to be consistent with this guideline. Security and
nighttime wayfinding lighting are required to be night-sky compliant and
EXHIBIT 4
SAN RAFAEL DESIGN GUIDELINES
999 3rd Street – BioMarin/Whistlestop/Eden Housing Project Consistency with San Rafael Design Guidelines
999 3rd Street – BioMarin/Whistlestop/Eden Housing File #: GPA18-001, ZO18-003, ZC18-002, ED18-087,UP18-034,
SP18-006, S18-001, DA19-001,
Title: Design Guidelines Consistency Table
Exhibit: 4-2
consistent with San Rafael guidelines for nighttime glare.
PEDESTRIAN CIRCULATION
• Consider pedestrian orientation when designing building entries,
windows, signage and doors.
• Include a well-defined pedestrian walkway between the street and
building entry.
• Clearly define pedestrian movement through parking lots by using
pavement treatment and landscaped walkways.
• Where appropriate, include outdoor gathering places and seating for
the public.
• Adequate facilities for bicycle parking should be provided.
Consistent
The main pedestrian access is located on the east side of the proposed
project site and opposite/adjacent to main access to the existing parking
structure on the main SRCC campus. Existing pedestrian sidewalks and
walkways would continue to provide access to the proposed building site
and throughout the site to transit stops adjacent to the San Rafael
Transit Center. New structures are designed to provide bicycle parking.
BUILDING FORM
Consider the development’s visual and spatial relationship to adjacent
buildings and other structures in the area.
Consistent
The proposed structure is consistent in building form with structures
within the project area.
ENTRYWAYS
Building entrances should be defined with architectural elements such as
roof form changes, awnings, or other architectural elements.
Consistent
The proposed structure materials generally consist of glass, concrete
and other high-quality elements. Entrance to the site would be clearly
identified through BioMarin wayfinding signage consistent with branding
criteria.
AWNINGS
Where appropriate, provide awnings to enhance the design of the
building, provide weather protection, and create a sense of human scale.
Consistent
No awning or shade structures are proposed for the parking areas. The
proposed “front porch” reduces the building’s mass for a more inviting
human scale feel for the public plaza.
EXHIBIT 4
SAN RAFAEL DESIGN GUIDELINES
999 3rd Street – BioMarin/Whistlestop/Eden Housing Project Consistency with San Rafael Design Guidelines
999 3rd Street – BioMarin/Whistlestop/Eden Housing File #: GPA18-001, ZO18-003, ZC18-002, ED18-087,UP18-034,
SP18-006, S18-001, DA19-001,
Title: Design Guidelines Consistency Table
Exhibit: 4-3
MATERIALS AND COLORS
• Use articulation, texturing and detailing on all concrete exposed to
exterior view.
• Exterior materials should minimize reflectivity.
• Use color to provide appropriate accents on a building.
Consistent
The proposed project is consistent with this guideline. The proposed
plans depict appropriate articulation, texturing and detailing and
appropriate exterior materials. The structures proposed include
articulation, texturing and other detailed elements and other screen
elements.
Terms Sheet for BioMarin Development Agreement
January 22, 2020
Scope: BioMarin’s current campus, the 999 Third St. project, 755 Lindaro St., and the expansion
of the Lincoln Parking Structure.
Term: 10 years following the effective date.
City Obligations
1. Provide 10-year term for vesting of entitlements for the 999 Third St., 755 Lindaro St.
and Lincoln Parking Structure provided:
a) If BioMarin has not commenced construction of 999 Third St. by the 6th anniversary
of the effective date of the DA, then BioMarin shall construct the Class II Bike lane
along Lindaro from 3rd to Anderson as described in new obligation #5 and the
improvements to the 2nd and Lindaro intersection per new obligation #8, below;
b) If BioMarin has not commenced construction of second building at 999 Third Street
by the 8th anniversary of the effective date of the DA , the vesting of the entitlements
for the development of 755 Lindaro Street will expire; and.
c) Annually, on request by the City, BioMarin will report to the City on the status of its
development plans related to the DA.
2. Remove existing condition imposed on 755 Lindaro/Lincoln Garage for Pedestrian
connection to SMART along Creek for public safety.
3. Relocate the existing conference rooms available for public use from 755 Lindaro to 999
3rd street with the same terms and conditions previously accepted by BioMarin and the
City.
4. Freeze any applicable City development impact fees (including but not limited to the
traffic mitigation and affordable housing linkage fee) in place as of the initial approval of
the Development Agreement and calculate any in lieu housing fees in a manner
consistent with employee density expected with the office/lab space as proposed in the
project.
BioMarin Obligations/Benefits
Existing Obligations/Benefits to Remain
1. Public use of Park
2. Public use of 2,500-square foot Conference Center
3. Public use of Lindaro surface lot
Additional Obligations/Benefits Offered in the DA
1. Provide Whistlestop the portion of 999 Third St. for senior housing development through
a land swap for the Lindaro corporation yard, which due to the delta in value of the two
properties results in BioMarin’s donation of $1.2M to support the development of the
healthy aging center and affordable senior housing.
Terms Sheet for BioMarin Development Agreement
January 22, 2020
2. Contribute, $100,000 each year (commencing on the first anniversary of the DA) for 4
years to the City of San Rafael for purposes of implementing a first mile/last mile shuttle
service or for other traffic/circulation/parking improvement measures as determined by
the City.
3. Remediate a brownfield in the heart of downtown San Rafael, resulting in BioMarin out
of pocket costs of over $2M and total remediation costs of over $16M.
4. Contribute $500,000 to the City of San Rafael towards the synchronization of traffic
lights along the 2nd and 3rd Street corridors to improve traffic flow or for other
traffic/circulation/parking improvement measures as determined by the City. This may be
payable in full at the first anniversary of the DA, or $125,000 each year (commencing on
the first anniversary of the DA) for 4 years.
5. Add striping for Class II Bike lane along Lindaro from 3rd to Anderson with completion
of Phase I.
6. Provide 6,000 sf Public Plaza “Front Porch” available to the public during business
hours.
7. Provide 3,500 sf Retail open to public during business hours.
8. Improve pedestrian safety with restriping at intersection of 2nd & Lindaro with
completion of Phase I.
9. Allow the City to utilize up to 70% of the 999 Third Street parcel (the exact layout to be
reasonably negotiated so as to maximize the utility of each portion) retained by BioMarin
for public parking and ancillary uses (such as food truck market, etc.) until such time as
commencement of construction activities for either building on the parcel, so long as City
is financially and legally responsible for (i) any improvements or modications to the 999
Third Street parcel that the City deems necessary to implement the public parking and
ancillary uses, subject to the approval of BioMarin, (ii) all liability related to the public’s
use of parcel, (iii) all security, sanitation, janitorial service; and (iv) any other
operational cost associated with the City’s public parking and ancillary uses.
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
You are invited to attend the Planning Commission hearing on the following project:
PROJECT: 999 3rd Street (BioMarin/Whistlestop/Eden Housing) – Request for Planned Development
(PD) Rezoning, Environmental and Design Review Permit , Master Use Permit and Sign
Program amendment for the development of two 72-foot tall, four-story Research and
Development buildings on a 3.05-acre parcel, currently developed as a vacant lot, and a 67-
unit, 70-foot tall, six-story senior center and affordable senior housing building on a 15,000 sq.
ft. portion of the northwestern corner of the parcel; APN: 011-265-01; Second/Third Mixed
Use (2/3 MUE) Zone; Shar Zamanpour, Applicant; BioMarin / CCCA, LLC, Owner;
Downtown Activity Center neighborhood area; ED18-087, ZO18-003, ZC18-002, UP18-034,
SP18-006, S18-001, DA19-001. Following the Planning Commission’s review and
recommendation, the application will be considered by the City Council for final action at a
future public hearing.
As required by state law, the project's potential environmental impacts have been assessed. A
Draft Environmental Impact Report (DEIR) (SCH # 2019029046) was previously prepared
and made available for public review on August 9, 2019, for a 45-day public review and
comment period concluding on September 23, 2019 at the Planning Commission meeting. A
Final Environmental Impact Report/Response to comments (FEIR), which meets the
provisions of the California Environmental Quality Act will be available for review on Friday,
January 10, 2020. The FEIR (along with the DEIR) will be available on the City’s web site at
https://www.cityofsanrafael.org/9993rd. A limited number of copies of the FEIR will be
available for review at the City of San Rafael Community Development Department (1400
Fifth Avenue) and the San Rafael Library (1100 E Street).
HEARING DATE: Tuesday, January 28, 2020 at 7:00 P.M.
LOCATION: 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 Planning Commission will consider all public testimony
and decide whether to recommend to the City Council: 1) certification of the EIR, 2) adoption
approval of mitigation monitoring of statement of overriding considerations; and 3) approval
of project entitlements. Public notice of the future City Council hearing will be provided 15
days in advance of the hearing once scheduled.
IF YOU CANNOT
ATTEND:
You may send written correspondence by email to the address above, or by post to the
Community Development Department, Planning Division, City of San Rafael, 1400 5th
Avenue, San Rafael, CA 94915-1560. You may also hand deliver it prior to the action date.
FOR MORE
INFORMATION:
Contact Sean Kennings, the Project Planner at (415) 533-2111 or sean@lakassociates.com
You may also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue,
to look at the file for the proposed project. The office is open from 8:30 a.m. to 4:30 p.m. on
Monday, Tuesday and Thursday and 8:30 a.m. to 1:30 p.m. on, Wednesday and Friday. You
may also view the staff report after 5:00 p.m. on the Friday before the meeting at
http://www.cityofsanrafael.org/meetings
SAN RAFAEL PLANNING COMMISSION
/s/ Paul A Jensen
Paul A Jensen
Community Development Director
At the above time and place, all correspondence received will be noted and all interested parties will be heard. If you challenge in court
the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described
in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing (Government Code Section
65009 (b) (2)).
Sign Language and interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198
(TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation to City Hall is available through Golden Gate Transit, Line 22 or 23. Para-transit is available by calling
Whistlestop Wheels at (415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested
to refrain from wearing scented products.