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CD Corporate Center
Agenda Item No: 4b. Meeting Date: December 5, 2011 NEWS 1%11 will 1111 WO V 11, 11i iii t I Department: Community Development Department Opdzzz f) Prepared by: Paul A. Jensen, Director City Manager Approvals/ ,' t SUBJECT: 750-790 Lindaro Street & 781-791 Lincoln Ave (San Rafael Corporate Center) — Request(s) for amendments to the approved Planned Development (PD -1754) zoning district, Master Use Permit and Development Agreement for the San Rafael Corporate Center to: a) expand the allowable uses to include medical use (up to 68,068 square -foot portion of the approved complex), as well as research and development use; and b) a approve a reduction in the required parking for the medical use component (5-6% reduction for the office park complex); APN: 013-021-34, 35, 50, 51, 52, 53, 54, & 55; Planned Development (PD -1754) District; SR Corporate Center Phase 1, LLC, owner/applicant; File No(s): ZC11-002; UP11-003; DA11-001. Staff recommends that the City Council introduce the attached, draft resolutions and ordinances (Attachments 1-4) approving the amendments to the Planned Development District (PD -1754 District) zoning, Master Use Permit and Development Agreement for the San Rafael Corporate Center. Background The San Rafael Corporate Center site encompasses 15.54 -acres of level land located south of Second Street in Downtown San Rafael, The property is bordered by Second Street (major arterial) to the north, Mahon Creek to the east and south, and Andersen Drive to the south. As shown on the attached vicinity/site map, the property is divided into three main parcels: the central parcel (central office building campus); the western parcel (parking lot and structure west of Lindaro Street); and the eastern parcel parking east of Lincoln Avenue. The 15.54 -acre site has a long history of former ownership by the PG & E Company (central and western parcels) and 'the City of San Rafael (eastern parcel). The central and western parcels are subject to a deed restriction, which prohibits residential and child care land uses. In 1998, the City approved a master/development plan (Planned Development [PD -1754] District) for the 15.5 -acre site, which permitted the development of an office park for Fair, Isaac & Company, Inc. (now San Rafael Corporate Center). The office park is approved for the development of five, 3 -4 -story office buildings on the central parcel (PD -1754 District zoning permits up to 406,000 square feet of office use sited between Lincoln Avenue and Lindaro Streets) and supportive surface and structured parking (total of 1,323 parking spaces) on the western and eastern parcels. Land use and planning approvals for the office park included: a) establishment of a Planned Development zoning district (PD1754 District) solely applying to the 15.54 -acre office park; b) a Master Use Permit; c) an Environmental and Design Review Permit approving the project layout, design and architecture; d) a Tentative Map authorizing division of File No.: f Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 the land to create a separate parcel for each office building; and e) a Development Agreement. The planning approvals were initially structured for office park occupancy by Fair, Isaac & Company. Inc, as o single tenant. However, the approvals allowed for multiple -tenancy with administrative and general office use only. The City's approval of the San Rafael Corporate Canter included the acceptance and approval of public benefits inexchange for aheight bonus for several ofthe office buildings. One ofthe public benefits ie the provision for e publicly -accessible park and path along the southern edge of the office campus abutting Mahon Creek. This area, which ispartially secured byafence and gata, is required to be open daily tnthe public from dawn to dusk. To date, the first two phases of the San Rafael Corporate Center office park have been built (Office Buildings A. B. C & D totaling 314.000 square feet, the western parking structure and surface parking totaling 7U7parking apaoeo). The remaining phase nfdevelopment that has yet tobeconstructed isone office building (Building E. 82.000 square feet sited for the corner ofSecond Street and Lincoln Avenue) and the eastern parking structure (on the eastern parcel - former Corporation Yard site, total of 618 parking structure spaces) All planning permits and discretionary approvals have been secured for Building E; hovvever, the eastern parking structure has received preliminary design approval only. The final design of this parking structure must be reviewed and recommended for approval by the Design Review Board. At present, the eastern parcel is striped and used for 220 interim, surface parking spaces for the office pork. The interim parking plan approved for the eastern parcel is designed to accommodate an additional 112 surface parking spaces (total of 332 spaces). These parking spaces will remain to serve the office park until construction commences on the eastern parking structure. These interim parking spaces combined with the permanent parking spaces on the western and central parcel (707 spaces) total 1.039 spaces on the office park campus. This parking can accommodate 9096 occupancy of the currently developed buildings (Buildings A. B. C & D). An interim valet parking program will need to be implemented when the 90Y6 occupancy has been reached and during the construction of the eastern parking structure. Additional details on the property setting, history and office park approvals are provided in the attached October 25.2O11 Planning Commission staff report (Attachment 8.staff report pages 2-3). Project Description The project proposes to introduce medical and research and development uses to the mix of allowable office uses for the San Rafael Corporate Center. The expanded uses are described as follows: Medical Use. Medical use isdefined aomedical office, clinic ormedical laboratory (daytime, testing services for patients/visitors). Atoba| of 68,068 square feet ofmedical use is proposed as an eUowance, meaning that of the total 401,000 square feet of office park area currently approved for general and administrative office use, upho68.0G8 square feet could be used for medical use. The modification proposes that the medical use allowance begenerally applied tothe office park and that it not be approved for any one building or concentrated in any one area of the park site. 2. Research and DevelgpMent. Rasaonoh and Development use is defined as use engaged in sciendfio, medical or technological research with limited product testing and production. This use excludes full production industrial -type manufacturing and generally operates similar to and characteristic of low -intensity, general office useMedical laboratories established for research (as opposed to labs providing testing services for patients/visitors) would be considered a research and development use. The project proposes no physical changes to the approved San Rafael Corporate Center office park, No changes one proposed to the approved site p|an, architecture, building layout or final construction phasing. The proposol includes a parking reduction request for the medical use component, The research and development use component shares the same City -adopted parking requirement as the currently approved general and administrative office use (3.3 parking apaces/1000 gross square feet ofbuilding area). However, the parking reduction for medical use proposes application of the 8.3 parking space per SAN RAFA0JLCITY COUNCIL AGENDA REPORT /Paee: 3 1.00 gross building square foot standard, which is the parking ratio that is currently required and approved for multiple -tenant, general and administrative office use at this site. For medical use, the San Rafael Municipal Code requires m higher parking standard of 4.4 parking spaces per 1.000 gross building square feet. The proposed general use of the 3.3 space/1000 square -foot parking rate would result in a parking reduction of 5-6% from that required under the City code for the entire office park complex. The details of the parking reduction and o table presenting the pa/king calculations are presented in the attached, October 25.2U11 Planning Commission staff report (Attachment 6, staff report pages 4 and 5). The project requires an amendment to the adopted Planned Development (PD'1754) Dietriot, an amendment to the Master Use Permit and an amendment to the executed Development Agreement, Planning Commission Review On October 25, 2011. the Planning Commission conducted o public hearing on the proposed project. The proposed addition of the medical and research and development land uses and the parking reduction were supported bythe Planning Commission. The public hearing and Commission discussion focused on the following topic areas: Public access to the southern portion of the office campus (abutting Mahon Creek). As noted above and as described in the attached Planning Commission obeff report, the San Rafael Corporate Center is required to provide and maintain public access to the pedestrian path and landscaped area along the south side of the campus. abutting Mahon Creek, This access is provided at various pointe including one access from Lindovo Street and one access from Lincoln Avenue. At these two access points, the entrance to this area is fenced (open wrought iron fence and gate) which was required for security by Fair, Isaac & Company. The fence and gate were allowed with the condition that the gates be opened daily from dawn to dusk to allow for public access. A sign is posted adjacent to the gate specifying the public access hours. This requirement and these measures were incorporated into the Master Use Permit (see Attachment 3.page 3-5and 3-8.Condition 4) As part of the Planning Commission public heahng. U was reported that the access gate at the Lindaro Street entrance has been regularly locked during the daytime, which is in violation of the required approvals for eooeoa In oddition, a second sign has been posted noting "private property," which is perceived to be in conflict with the park access sign. The property owner reported that there has been a problem with loitering in this area by the homeless and the gate was locked atthe recommendation ofthe Police Department. The property owner has agreed to maintain the daytime access as required by the approvals. No modifications are required to the City approvals to address this concern. As the Maaba/ Use Permit conditions specifically require that the area be accessible to the public from dawn to dusk, the issue is one of enforcement rather than the need to modify permit conditions. Regarding the "private property" sign, the property owners have indicated that posting such a sign is required to protect their liability as the land area is privately -owned and maintained. This siQn, along with the existing sign that displays the public access hours presents a mixed message To address this insue, it has been recommended to the property owner that one sign be made and posted that combines both messages. Public use of parking on the western parcel. The terms ofthe Development Agreement require that the property owner make the western parcel (surface parking) available for public use during the evenings on Monday through Friday and during all hours on Saturday and Sunday. At preeent, there is no signage on the western parcel that confirms the public use hours. The Planning Commission recommended that a sign be posted at the entrance points to the western parcel stating the public parking hours. This recommendation has been incorporated into the draft amendments tothe Development Agreement (Attachment 4). |naddition, the provisions for public use have been added tothe Master Use Permit (Attachment 3.page 3-7.condition G). On 5-O'2vote (Commissioners Lang and Pick absent), the Planning Commission adopted Resolutions 11-12 through 11'15, recommending to the City Council the adoption of the Negative Declaration and approval of the planning applications. The Planning Commission action incorporated the recommendations summarized above. A copy of the Planning Commission meeting (action) minutes is attached (Attachment 5), SAN RAFAEL CITY COUNCIL AGENDA REPORT /Pm2e; 4 ANALYSIS: Relationship hoSan Rafael General Plan 2O20and Zoning The proposal to introduce medical and research and development land uses to the office park would be consistent with the San Rafael General Plan 2020 goals and policies that are pertinent to the subject property. As proposed an as amended, these land uses would be consistent with the PD -1754 District zoning and the pertinent provisions of Title 19 (Zoning) of the San Rafael Municipal Code (SRK8C), A complete description and analysis of the project's relationship with the General Plan and zoning provisions isprovided inthe attached, October 25.2011 Planning Commission staff report (Attachment G. staff report pages 5-7). Parking Reduction Areduction tothe City's parking requirements isauthorized bySRKAC Section 14.18.040B. Aparking reduction is administered through a Use Permit and must be reviewed and supported bythe City Traffic Engineer. As Master Use Permit is approved for the office oampue, the parking reduction would be incorporated into this approved permit. The parking reduction has been studied and is supported by the City Traffic Engineer. As described on page 7 of the attached. October 25, 2011 Planning Commission staff report (Attachment 6, staff report page 7). the City Traffic Engineer supports the reduction for the following reasons: a) the application of 3.3 space/1.008 square foot parking standard for the medical use would be consistent with the parking standard recommended for this type of land use by the Institute of Transportation Engineers (ITE); b) the reduction amount is modest (5-096); and o) the immediate proximity to the 8ettini Transit Center and future SMART rail service reduces parking demand, which supports lower parking standards. Further, the City Traffic Engineer concludes that the parking reduction would not be in conflict with evening and weekend public use of the parking on the western parcel in that the peak parking use periods for medical use are during the weekdays. Environmental Review The proposed addition of medical and research and development land uses to the office park requires an amendment to the Planned Development (PD -1754) District and Development Agreement, which are subject to environmental review. Per California Environmental Quality Act (CEOA) Guidelines Sections 15083 (initial Study). an Initial Study has been prepared finding that the project will not result in any potentially significant environmental impacts. Adoption of a Negative Declaration is recommended. Consistent with CEC}AGuideiinos Section 15073. the Initial Study/Negative Declaration was published in October 2011 and o 20 -day public review period was observed. The City Council was provided a hand copy nfthe Initial Study/Negative Declaration under separate cover. A summary of the topic areas that were analyzed in the Initial Study is provided on pages 7-8 of the attached Planning Commission staff report (Attachment G) Among the topic areas included inthe Initial Study is traffic. A traffic study was completed finding that: a) research and development use would generate the same amount of traffic as the currently approved administrative office use; and b) the medical use component would generate up to 51 AM and 104 PM peak hour trips if the 68.068 square foot use allowance isfully realized. While the increase in trips associated with the medical use would not change the level or service (LC)8) conditions at |ona|, signalized intersections or arterial segmenta, this use would be subject to payment of citywide traffic mitigation fees. The requirement to pay traffic mitigation fees is included as a condition of approval in the Master Use Permit (Attachment 3). NOTICING/CORRESPONDENCE: ANotice nfPublic Hearing was mailed to all property owners and occupants within a4OO'fnotradius of the subject site, numerous Homeowners Associations, and all other interested parties. 20 calendar days prior to the date of all meetings, including this hearing. (Attachment 7) To dahe, no correspondence hes been received, FISCAL IMPACT: The proposed project would have no fiscal impact on the City of San Rafael. The San Rafael Corporate SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 The City Council has the following options toconsider onthis matter: 1. Adopt the resolutions and ordinances aeprnpooed� 2. Continueactionforodditiona|infnnnadonandresponaotoCounoi|cornmenb;andoonoonna�or 3. Deny the proposed project, |tisrecommended that the City Council: i. Open the public hearing and accept public testimony onthe project; 2. Close the public hearing; 3. ReviewondoonsiderMhe|niUa|Study/NegativeDao|aradionandpnojectapp|ioations�and 4. Introduce the following asrecommended bythe Planning Commission: a. Introduce aresolution adopting aNegative Declaration (Attachment 1); b. Pass an ordinance to print adopting a Rezoning to amend the PD -1754 District (Attachment 2); c. Introduce a resolution conditionally approving and amendment to the Master Use Permit (Attachment 3); and d. Pass an ordinance to print adopting an amendment to the San Rafael Corporate Center Development Agreement (Attachment 4). Vicinity/Site Map im EM Attachment 1 - Draft resolution adopting eNegative Declaration 1-1 -1-3 Attachment 2 — Draft ordinance adopting an amendment to the PD -1754 District includes: 2-1-2-5 Exhibit (San Rafael Corporate Center Master Plan) and Exhibit B(Legal Property Description) Attachment 3 — Draft resolution approving an amendment to the Master Use Permit 3'1-3-8 Attachment 4 — Draft ordinance adopting an amendment to the approved Development 4-1-4-7 Agreement Attachment 5—Planning Commission meeting minutes, October 25.2011 AttachmontS—P|anning Commission staff report, October 25, 2011 1-0 Attachment 7—Public Hearing notice and notification list Initial Study/Negative Declaration distributed to City Council under separate cover srcc.CCrpt 12-5-11 San Rafael Corporate Center (750-790 Lindaro Street and 781-791 Lincoln Avenue) SCALE 1 :1,993 100 0 100 200 300 FEET LI Tuesday, October 18, 2011 12:43 PM RESOLUTION NO. 13274 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A NEGATIVE DECLARATION (IS11-002) PREPARED FOR AMENDMENTS TO THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) PLANNED DEVELOPMENT (PD -1754) DISTRICT (ZCII-002), MASTER USE PERMIT (UP11-033) AND DEVELOPMENT AGREEMENT (DA 11-001) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT, AND TO SUPPORT APPROVAL OF A PARKING REDUCTION FOR THE MEDICAL USE (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) The City Council of the City of San Rafael finds and determines that: WHEREAS, in 1998, the San Rafael City Council prepared and certified the Fair, Isaac Final Environmental Impact Report (FEIR), which assessed the potential environmental impacts for developing a multi -building office complex on the subject 15.54 -acre site; and WHEREAS, following certification of the FEIR, the San Rafael City Council approved planning applications for the development of the San Rafael Corporate Center on the 15.54 -acre site. The project was approved for the development of five buildings (totaling 406,000 square feet) for administrative and general office use, two parking structures, surface parking, campus landscaping and publicly -accessible park area along Mahon Creek. The planning approvals for the office park included the establishment of a Planned Development (PD -1721) zoning district (later amended to PD -1754 District), a Master Use Permit, an Environmental and Design Review Permit, a Tentative Map (subdividing the office buildings into individual parcels) and a Development Agreement; and WHEREAS, the 1998 City approval of the San Rafael Corporate Center was supported by Findings of Facts and a Statement of Overriding Consideration as the FEIR determined that this project would result in the following, unavoidable adverse traffic impacts to US 101 travel through Central San Rafael: Southbound traffic during the AM peak along the US101 segments between North San Pedro Road and Lincoln Avenue and between Lincoln and the Central San Rafael exit were operating at capacity (LOS E%F); and Northbound traffic during the PM peak along the US101 segment between 1-580 and the Central San Rafael exit was operating at capacity (LOS E/F); and WHEREAS, since the initial 1998 approval, the State of California Department of Transportation (Caltrans) completed the US 101 Gap Closure Project, which resulted in freeway widening and the introduction of a commuter IlOV lane through Central San Rafael. This project improved the LOS conditions along the US 101 segments through Central San Rafael to acceptable service levels; and WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael Corporatc Center Phase I LLC, property owner requesting an amendment to the Planned Development (PD -1754) zoning district. the Master Use Permit and Development Agreement to expand the allowed Land uses for the office park to include medical use (allowance of up to 68,068 square feet of the approved office area) and research and development use; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the proposal is defined as a `project,' making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared to determine the potential environmental impacts of the project. The Initial Study is supported by several technical studies and reports (traffic study, parking assessment, greenhouse gas emission assessment); and WHEREAS, in preparing the Initial Study, the project was reviewed against impacts identified and mitigation measures included in the certified Fair, Isaac Office Park Final Environmental Impact Report (FEIR). The purpose of this review was to determine if the project would result in: new significant impacts; an increase in the severity of impacts; or new or expanded mitigation measures from those analyzed and determined in the 1998 FEIR; and WHEREAS, as demonstrated in the preparation of an Initial Study and comparing the project activities and actions against the impacts identified and mitigation measures included in the 1998 FEIR, none of the conditions analyzed under the FEIR have changed, nor does the proposed project result in any significant environmental impacts. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Negative Declaration; and WHEREAS, pursuant to CEQA Guidelines Section 15073, on October 5, 2011, the Initial Study,'Negative Declaration was published and made available for 20 -day public review period; and WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public hearing to review and consider the Initial Study/Negative Declaration. On a 5-0-2 vote (Commissioners Lang and Pick absent), the Planning Commission adopted Resolution No. 1 I-12 recommending to the City Council the adoption of a Negative Declaration; and WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing to review and consider the Initial Study/Negative Declaration and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the Negative Declaration (IS 11-002) prepared for the land use changes and parking reduction for the San Rafael Corporate Center project based on the following findings: I . The Initial Study/Negative Declaration has been prepared in accordance with CEQA, the CEQA Guidelines, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. 2. The Negative Declaration has been presented to the City Council who has reviewed and considered the information in the Initial Study, which includes findings and conclusions relative to the certified 1998 Fair, Isaac Office Park FEIR prior to approving the project applications. 1-2 The City Council has exercised its independent judgment in evaluating the Initial Study and has considered the comments received during the public review period and public hearing, as well as the recommendations of the Planning Commission. Based on this review, the City Council has determined that the project will: a) not result in potentially significant impacts for which mitigation measures are required; and b) result in either no environmental impacts or impacts that are deemed to be less -than -significant. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 5`" day of December, 2011, by the 'following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENI: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk 1-3 ORDINANCE NO. 1901 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE PLANNED DEVELOPMENT (PD -1754) DISTRICT ADOPTED FOR THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT LAND USES ZC 11-002 (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) WHEREAS, in February 1998, the San Rafael City Council adopted a Planned Development District (PD -1721) approving a Master Plan for the development of a 406,000 square foot office park on a 15.54 -acre site located south of Second Street in Downtown San Rafael. The PD -1721 District established zoning and standards for development of the subject property with five buildings (totaling 406,000 square feet), two parking structures, surface parking, campus landscaping and publicly -accessible park area along Mahon Creek. The zoning limits land use of the office park to administrative and general office use only; and WHEREAS, in August 2000, the San Rafael City Council adopted an amendment to the Planned Development (PD -1721) District to approve changes in the zoning district development standards in order to accommodate multi -tenant use of the office park (San Rafael Corporate Center). The amended Planned Development District (PD -1754) is currently in effect; and WHEREAS, since 2000, much of the San Rafael Corporate Center office park campus has been developed and largely occupied by administrative and professional office businesses. To date, four of the five office buildings and one (western) parking structure have been built, along with surface parking, campus landscaping and the publicly -accessible park area. When the remaining phase of the office park is developed (one office building and one [eastern] parking structure), the San Rafael Corporate Center will be built -out at 401,000 square feet; and WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael Corporate Center Phase I LLC, property owner, requesting an amendment to the Planned Development (PD -1754) zoning district to expand the allowed land uses for the office park to include medical use and research and development use defined as follows: ➢ Medical Use. Medical use is defined as medical office, clinic or medical laboratory (daytime, testing services for patients/visitors). A total of 68,068 square feet of medical use is proposed as an allowance, meaning that of the total 401,000 square feet of office park area currently approved for general and administrative office use, up to 68,068 square feet could be used for medical use. The modification proposes that the medical use allowance be generally applied to the office park and that it not be approved for any one building or concentrated in any one area of the park site. Research and Develop ent L se. Research and Development use is defined as a use engaged in scientific, medical or technological research with limited product testing and production. This use excludes full production industrial -type manufacturing and generally operates similar to and characteristic of low -intensity, general office use. Medical laboratories established for research (as opposed to labs providing testing services for patients/visitors) would be considered a research and development use. 105 WHEREAS, the proposed amendment to the PD -1754 District includes a request to modify the office park parking requirements included in the Master Plan (Exhibit A). The request proposes a parking reduction to the City's parking requirements for medical use. While the San Rafael Municipal Code requires a higher parking standard for medical use (4.4 parking spaces per 1,000 gross square feet of building area) than the standard established and adopted by the Master Plan (3.3 parking spaces per 1,000 gross square feet for multi -tenant administrative and general office use), the request proposes to maintain the currently adopted parking standard in the Master Plan. The request would result in a maximum, potential parking reduction for the office park of 5-6%; and WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the San Rafael Corporate Center Planned Development (PD -1754) District (ZC11-002). On a 5-0 vote (Commissioners Lang and Pick absent), the Planning Commission adopted Resolution No. 1 I-13 recommending to the City Council the adoption of the amendment to PD -1754; and WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing to review the proposed amendment to the San Rafael Corporate Center Planned Development District and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, by separate resolution, the City Council has recommended to the City Council the adoption of a Negative Declaration (IS 11-002), which adequately addresses the potential environmental impacts of the proposed amendment to the PD -1754 District; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts an amendment to the San Rafael Corporate Center Planned Development (PD -1754) District based on the following findings and subject to the amended Master Plan Land Use and Development Standards presented in attached Exhibit A: The amendment to the San Rafael Corporate Center PD -1754 District and accompanying Master Plan (Exhibit A) to expand the allowable uses to include medical and research and development uses would be consistent with the applicable goals and policies of the San Rafael General Plan 2020, specifically: a. As proposed, the medical and research and development land uses are consistent with Land Use Element Policies LU -23 (Land Use Map and Categories), LU -10 (Planned Development), LU -9 (Intensity of Nonresidential Development), LU -14 (Land Use Compatibility) in that these uses would be: allowable under the adopted Lindaro Office land use designation; compatible with the current land uses allowed under the PD -1754 District adopted for this site; and compatible with existing land uses found in the surrounding area. b. As proposed, the medical and research and development land uses would be consistent and not in conflict with Circulation Element Policies C-5 (Traffic Level of Service Standards) C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand Management) in that: the increase in traffic estimated for these uses would not impact or change level of set -vice conditions at local intersections nor would they warrant new transportation improvements; the medical use component would be subject to the adopted citywide traffic mitigation fees which W would be used to fund long-term transportation improvements; and the project would not change the current City requirement and obligation of the office park owner to implement transportation demand measures such as encouraging tenants, through incentives to carpool and use public transit. As proposed, the medical and research and development land uses would be consistent with Neighborhood Element Policies NH -15 (Downtown Vision), NH -16 (Economic Success), NH -38 (Lindaro Office District) and NH -8 (Parking) in that it would: facilitate additional employment and future economic success in the Downtown area; promote build -out of the San Rafael Corporate Center project by allowing a land use that is appropriate and marketable; allow compatible land uses that would fill current and long-term projected vacancies in general and administrative office space; and promote a reasonable reduction in required parking supported by the project's proximity to Downtown, the Bettini Transit Center and the planned SMART rail stations. As proposed, the medical and research and development land uses would be consistent with newly -adopted Sustainability Element Policies SU -1 (Land Use) and SU -2 (Promote Alternative Transportation), and the adopted Climate Change Action Plan in that: the uses are proposed within an existing and approved development office park that is close to public transit and Downtown; the project proposes a reduction in the amount of required parking for the medical use component, thus reducing thermal gain and shared parking; and the additional mix in land uses would facilitate the implementation transportation demand measures such as encouraging tenants, through incentives to carpool and use public transit. The approval of medical and research and development land uses would be consistent with Our Vision of Downtown San Rafael in that it would further promote new businesses and employment in the Downtown area. 2. The proposed addition of medical and research and development uses would not be detrimental to the health, safety or general welfare of the residents or community in that: a. These uses would be compatible with the currently approved and operating administrative and general office use. Medical and research and development uses are commonly mixed within office complexes that are occupied by administrative and general office use. b. These uses would be consistent and not in conflict with the deed restriction recorded for the San Rafael Corporate Center, which permits commercial and office land uses but prohibits use and development with residential and day care land uses. c. The addition of these land uses would not result in any physical changes or additions to the currently approved and largely developed San Rafael Corporate Center complex. The Corporate Center is adequately served by local facilities and utilities. d. The scope and definition of the medical and research and development land uses would not allow industrial development, heavy production or laboratory operations that would be more appropriate for a site that is zoned for light industrial or industrial land use. The proposed reduction in parking for the medical use component (68,068 square feet) authorizes use of the general and administrative office parking standard currently adopted in the San Rafael Corporate Center Master Plan (3.3 spaces�`1,000 square feet), rather than the parking standard established by for medical use in the San Rafael Municipal Code (4.4 spaces/1,000 square feet). The initial approval of the San Rafael Corporate Center found that this development has been designed to adequately address the automobile, bicycle and pedestrian traffic systems. Consistent with SRMC Section RK 14.18.04013, the City Traffic Engineer has studied the parking needs for the medical office use at this location finding that the use of the currently adopted parking standard for office park is reasonable, appropriate and adequate in that: a. The currently adopted standard of 3.3 parking spaces per 1,000 square feet of building area is consistent with the medical use parking standard studied and recommended by the Institute of Transportation Engineers (ITE). The ITE standards are based on case studies of developed medical land uses, and are widely used by local agencies and licensed traffic engineers. b. The 5-6% reduction in the parking requirement is a nominal amount, which is far below the typically requested and approved parking reduction for office projects (20% reduction is common). Lastly, parking reductions are encouraged when a site is developed and occupied with a mix of land uses that have different peaks in parking demand. c. The approvals and agreements established for the San Rafael Corporate Center require that the parking lot on the western parcel be made available for public use during the evening hours and on weekends. The parking reduction would not conflict with this agreement in that the peak parking use periods for medical use are during weekdays. d. The San Rafael Corporate Center is in immediate proximity to the Bettini Transit Center (mass transit hub for Marin County) and the planned SMART rail station. The immediate access to mass transit reduces parking demand, which appropriately supports lower parking standards. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: If i� (.y Cil►i� Ordinance No. 1754 (PD -1754 District) is hereby amended to: a) incorporate medical use (a 68,068 square -foot allowance) and research and development use; and b) establish a 3.3 parking space per 1,000 gross building square -foot parking standard for the San Rafael Corporate Center Office Park as set forth in attached Exhibit A, incorporated herein by reference. DIVISION 2. If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity or the remaining portions of this added ordinance section. DIVISION 3. This Ordinance shall be published once, in full or in summary form, at least five days before its final passage, in a newspaper of general circulation published and circulated in the City, of San Rafael, California, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the ordinance shall simultaneously be posted in full in the City Clerk's office, and the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, California. 2-4 Within fifteen (15) days after adoption, the City Clerk shall also post in the Office of the City Clerk, a certified copy of the full text of this ordinance amendment along with the names of those Councilmembers voting for or against the amendment. z 6c, GARY O. PHILLIPS', Nhayor ATTEST: C:�- . A?Ltoec'-0 - — ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1901 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 5`" day of December 2011, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City Council to be held on the 19'h day of December 2011. 'JS4�,-R :I-- - ?aQ, x..'C ESTHER C. BEIRNE, City Clerk ATTACHMENT: Exhibit A- San Rafael Corporate Center Master Plan Exhibit 13- Legal Property Description 2-5 EXHIBIT A San Rafael Corporate Center Master Plan (Formerly Ordinance 1721 and 1754, Ffdr, !sane Offiee Park Master- Plaft) k-- ,9 , 210' ZQ 11-002 1-71' 7 INTENT The San Rafael Corporate Center (formerly Fair, Isaac Office Park) Master Plan is based on the plans (Development Plan) presented approved for the Environmental and Design Review Permit (ED -97-24), Master Use Permit (UP 97 10 and UP 97 1 Ob UP11-033) and Tentative Map (TS -97-1), approved by the City Council on Tuesday, February 17, 1998, and on Monday, August 7, 2000 and November 2011. LAND USES This office park permits a maximum of 406,000 401,000 square feet of building area approved for the following uses: administfafive and general offiee use. Medieal effiee use is not peffflit4ed. Uses ineidental te the administ-fative and gener-a4 effiee use shall be pefmitted, as determined to be appfopr4a4e by the Gemmufiit�, Development Difeeter. Requir-emeffts afid eendifiens for all uses in the effiee park shall be eensistent with the Use Pefmit (UP 97 10 and UP 97 1 0b), 1. Administrative and General Office Use. Administrative and general office uses as defined by San Rafael Municipal Code Title 19 (Zoning). 2. Medical Use. Medical use is defined as medical office, clinic or medical laborato (daytime testing services. for patients and visitors). A,total of 68,068 square feet of medical use is approved as an allowance, meaning that of the total 401,000 square feet of office park area, Lip to 68,068 square feet can be used for medical use. See Master Use Permit (UPI 1-033) for parking and traffic mitigation fee requirements. Research and Development Use. Research and development use is defined as a use engaged in scientific, medical or technological research with limited product testing and production. This use excludes full production of industrial type manufacturing and generally operates similar to and characteristic of low -intensity, general office use. Medical laboratories established for research (as opposed to labs providing testing_ services for patients/visitors) would be defined as a research and development use. 4. Uses determined to be incidental to the above -listed land uses shall be permitted, as determined to be appropriate by the Community Development Director. Requirements and conditions for all uses in the office park shall be consistent with Master Use Permit (UPI 1-033). Residential and day care land uses are prohibited by recorded deed restriction. EXHIBIT A DEVELOPMENT STANDARDS The following standards shall apply to all development of the San Rafael Corporate Center (formerly Fair, Isaac Office Park): 1. Maximum floor area ratio: Per Development Plan approved under the office W 3. S 5. L 10 park Use Permit (UP 97 10 UPI 1-033) and Environmental and Design Review Pen -nit (ED -97- 24). Building Height: Maximum 54 feet, except for the building height bonus granted by City approved office park Use Permit (UIQ -97 1 ObUP 11-033) and Environmental and Design Review Permit (ED -97-24). The building height bonus requires provisions for a park, which is addressed below. Landscaping: Landscaping shall be consistent with the Development Plan approved under the office park Environmental and Design Review Permit (ED -97- 24). On-site Parking: Minimum of -3-3.3 parking spaces per 1000 gross square feet of nye-building areq-,-wt& requirement for- par-kinWlandseape, eensisten4with- the Developffiefft Plan appfeved faf the effiee pafk- Envir-ownepAal end Design Review Pefmit (ED 97- 24). Additional pafking, to bring the total up to 1 spaee per- 300 gfess squafe feet of effiee area be r-equifed, fellowing effiee oeetipaney and eentinued menitefing. Compliance with and M monitoring of on-site parking shall be enforced through the conditions of the approved required by the office park Use Permit (UP -974 -OUP 11-03 3). Building coverage: Building coverage shall be consistent with the Development Plan approved under the office park Environmental and Design Review Permit (ED -97- 24). Development Phasing: A minimum of two phases, as defined and approved under the office park Use Permit (UPS 1 OUP 11- I-0-13) 0-13) and Environmental and Design Review Permit (ED -97-24). Park Facility: The office park development shall provide a privately maintained park with public access adjacent to Mahon Creek, as set forth in the office park use pen -nit (UP 97 1 ObUP 11-03 3). EXHIBIT A DESIGN STANDARDS All buildings, structures, site improvements, landscaping, parking and exterior lighting shall be consistent with the Development Plan and conditions of approval for the office park Environmental and Design Review Permit (ED -97-24). •,, .. . ._ 1-011104110 • . _. •W ._, FMOMPPIE . • .. ■ .. :_. .■ . EXHIBIT "B": Legal Description pdstnds3.fi EXHIBIT B Property Description "Western Parcel" (APN 013-012-38 AND 39) Reference: PARCEL TWO A portion of that certain parcel of land described in the deed from F. M. Neely and Sara Neely, his wife, to PG&E recorded December 12, 1922 in Volume 11 of Official Records at page 209, Marin County Records and being more particularly described as follows: Beginning at the intersection of the southerly boundary line of the city street known as Second Street, with the westerly boundary line of the city street known as Lindaro Street and running thence along said westerly boundary: (1) south 06°45'00" west 299.22 feet; thence (2) south 08°53'00" west 405.54 feet to a point in the northerly boundary line of the Northwestern Pacific Railroad Right of Way; thence along said northerly boundary line (3) north 54°38'00" west 396.88 feet; thence leaving said northerly boundary line (4) north 06°38'05" east 238.95 feet; thence (5) south 83°33'00" east 241.53 feet to a point herein for convenience called Point "A"; thence (6) north 06138'05" east 273.54 feet to a point in the southerly boundary line of said Second Street, thence running along said southerly boundary line (7) south 83133'00" east 123.00 feet, more or less, to the point of beginning. The bearings used are based on the Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. Reserving therefrom the following easements over and across those certain portions of the Parcel Two: I . The "Exclusive Gas Meter Easement"; 2. The "Nonexclusive Gas Meter Easement"; 3. The "West Parcel Slurry Wall Easement"; 4. The "Area 5A Extraction Trench Easement"; 5. The "Area 5B Extraction Trench Easement"; and 6. The "West Parcel Electric Facilities Easement"; which are more particularly described as follows: Exclusive Gas Meter Easement Beginning at a point in the easterly boundary line of the parcel of land hereinbefore described and designated PARCEL TWO, being also the westerly boundary line of said Lindaro Street, from which the southeast corner of said PARCEL TWO bears south 08°53'00" west 329.67 feet; thence leaving said easterly boundary line: (1) north 81'07'00" west 30.00 feet; thence (2) north 08°53'00" east 30.00 feet; thence (3) south 81°07'00" east 30.00 feet to a point in said easterly boundary; thence along said easterly boundary line (4) south 08°53'00" west 30.00 feet to the point of beginning. Nonexclusive Gas Meter Easement Beginning at the southwest corner of the parcel of land hereinbefore described and designated Exclusive Gas Meter Easement and running thence (1) north 81 '07'00 " west 20.00 feet; thence (2) north 08°53'00" east 50.00 feet; thence (3) south 81°07'00" east 50.00 feet; more or less, to a point in the easterly boundary line of said PARCEL TWO, being also the westerly boundary line of said Lindaro Street; thence along said easterly boundary line (4) south 08153'00" west 20.00 feet to the northeast corner of said Exclusive Gas Meter Easement; thence along the northerly boundary line of said Exclusive Gas Meter Easement (5) north 81°07'00" west 30.00 feet to the northwest comer of said Exclusive Gas Meter Easement; thence along the westerly boundary line of said Exclusive Gas Meter Easement (6) south 08153'00" west 30.00 feet to the point of beginning. Rana R_'7 West Parcel Slurry Wall Easement A strip of land of the uniform width of 20 feet extending from the general northerly boundary line of said PARCEL TWO, southerly to the southwesterly boundary line of said PARCEL TWO and lying 10 feet on each side of the line described as follows: Beginning at a point in the general northerly boundary line of said PARCEL TWO, from which said Point "A" bears south 83°33'00" east 216.93 feet; thence leaving said general northerly boundary line (1) south 06'29'15" west 206.97 feet; thence (2) on a tangent curve to the left with a radius of 100.00 feet and tangent at the northerly terminus thereof to the preceding course, an arc distance of 58.23 feet, more or less, to a point in the southwesterly boundary line of said PARCEL TWO. Area 5A Extraction Trench Easement Beginning at said Point "A" and running thence along the general westerly boundary line of said PARCEL TWO (1) north 06°3 8'05" east 273.54 feet to a point in the northerly boundary line of said PARCEL TWO, being also the southerly boundary line of said Second Street, thence along said northerly boundary line (2) south 83°33'00" east 19.63 feet; thence leaving said northerly boundary line (3) south 05°41'35" west 457.82 feet; thence (4) north 84118'25" west 27.16 feet; more or less, to a point in the southerly prolongation of the general westerly boundary line of said PARCEL TWO; thence (7) north 06°38'05" east 184.60 feet, more or less, to the point of beginning. Area 5B Extraction Trench Easement A strip of land of the uniform width of 16 feet extending westerly from the easterly boundary of said PARCEL TWO, and lying 8 feet on each side of the line described as follows: Beginning at a point in the easterly boundary line of said PARCEL TWO, being also the westerly boundary line of said Lindaro Street, from which the southeast corner of PARCEL TWO bears south 08°53'00" west 157.56 feet; thence leaving said easterly boundary line (1) north 80'40'14" west 13597 feet to a point within the boundary lines of PARCEL TWO. Pane R-1 West Parcel Electric Facilities Easement and the Substation Access Easement That portion of said PARCEL TWO lying westerly and southwesterly of a line described as follows: Beginning at said Point "A" and running thence along the southerly prolongation of the general westerly boundary line of said PARCEL TWO (1) south 06138'05" west 269.32 feet; thence (2) south 54138'00" east 125.95 feet, more or less, to a point in the easterly boundary line of said PARCEL TWO. "CENTRAL PARCEL" (APN 013-021-41,519 529 53, 54 AND 55) Reference: PARCEL ONE The 8.280 acre parcel of land as shown upon the Record of Survey filed for record May 10, 1985 in Book 20 of Surveys at page 47, Marin County Records. Reserving therefrom the following easements over and across those certain portions of the Parcel One: A. The "Central Parcel Slurry Wall Easement"; B. The "Central Parcel Extraction Trench Easement"; and C. The "Central Parcel Electric Facilities Easement"; which are more particularly described as follows: Central Parcel Slurry Wall Easement A strip of land of the uniform width of 20 feet extending from the westerly boundary line of the parcel of land hereinbefore described and designated PARCEL ONE easterly and northerly to the northerly boundary line of said PARCEL ONE and lying 10 feet on each side of the line described as follows: Beginning at a point in the westerly boundary line of said PARCEL ONE, from which a rebar and cap stamped "LS 4545", herein for convenience called Point "B", accepted as marking the northeasterly terminus of a course in the westerly boundary line of the 8.280 acre parcel of land as shown upon said Record of Survey filed for record May 10, 1985, which course INW-W as shown upon said map has a bearing of S8*53' W and a length of 421.24 feet, bears north 08'53'00" east 364.35 feet; thence leaving said westerly boundary line (1) south 76144'52" east 70.89 feet; thence (2) south 84'17'14" east 32.74 feet; thence (3) south 79°31'32" east 111.67 feet; thence (4) south 76152'26" east 104.19 feet; thence (5) north 87055'06" east 104.33 feet; thence (6) north 62101'36" east 31.14 feet; thence (7) north 46127'46" east 23.10 feet; thence (8) north 33'08'08" east 12.71 feet; thence (9) north 19137'58" east 36.67 feet; thence (10) north 00'14'58" east 46.69 feet; thence (11) north 10° 10' 31 " west 41.35 feet; thence (12) north 0615747" west 97.03 feet; thence (13) north 04'56'07" west 42.24 feet; thence (14) north 03°58'51" east 124.15 feet; thence (15) north 09100'19" east 35.36 feet; thence (16) north 08°34'17" east 106.14 feet; thence (17) north 07026'47" east 107.63 feet, more or less, to a point in the northerly boundary line of said PARCEL ONE. Central Parcel Extraction Trench Easement A strip of land of the uniform width of 16 feet extending easterly from the westerly boundary line of said PARCEL ONE, and lying 8 feet on each side of the line described as follows: Beginning at a point in the westerly boundary line of said PARCEL ONE, from which Point "B" bears north 08153'00" east 249.70 feet; thence leaving said westerly boundary line (1) south 80'42'05" east 14.39 feet; thence (2) south 79143'14" east 64.83 feet to a point within the boundary lines of PARCEL ONE. Central Parcel Electric Facilities Easement That portion of said PARCEL ONE, lying easterly and southerly of the general easterly boundary line of the strip of land hereinbefore described and designated Central Parcel Slurry Wall Easement. pArIA R-5 "EASTERN PARCEL" (APN 013-021-50) All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE: BEGINNING at a point in the Southerly line of Second Street distant 496.5 feet Easterly from the point of intersection of the said Southerly line of Second Street with the Easterly line of Lindaro Street; thence running Easterly along said line of Second Street 140.1 feet to the Southerly line of the San Rafael and San Quentin Turnpike or Toll Road, now known as Francisco Boulevard; thence Southerly and Easterly along said line of said Turnpike 90 feet; thence leaving said Turnpike and running South 14°59' West 153.5 feet; thence North 38°4' West 278.3 feet to the point of beginning. EXCEPTING THEREFROM all that portion thereof lying within the lines of Lincoln Avenue. AND FURTHER EXCEPTING any portion of the above described property which may have been tidelands in the bed of any tidal slough below the elevation of ordinary high tide. PARCEL TWO: BEGINNING at the point of intersection of the Southerly line of Second Street, with the Easterly line of Petaluma Avenue (now known as Lincoln Avenue); thence Easterly along the Southerly line of Second Street 6110 of a foot to the most Westerly comer of that certain lot or parcel of land which was conveyed by John W. Mackay and James L. Flood to the City of San Rafael, by Deed dated June 5, 1893 and recorded in Book 26 of Deeds at Page 238, Marin County Records; thence along the Southwesterly line of said lot, South 38°04' East 278.3 feet to the most Southerly corner of said lot; thence along the Easterly line of said lot, North 14°59' East 153.6 feet to the Southerly line of the Toll Road; thence Easterly along the Southerly line of the Toll Road 6.6 feet to the Westerly bank of the said tidal canal South 11 043' West 289 feet; thence continuing along said Westerly bank on the are of a circle having a radius of 441.7 feet, 462.3 feet to the said Easterly line of Petaluma Avenue; thence Northerly along the said Easterly line of Petaluma Avenue 702.8 feet to the point of beginning. EXCEPTING THEREFROM all that portion thereof as contained in the Deed from the City of San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a California corporation, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, and re- recorded November 29, 1961 in Book 1519 of Official Records at Page 608, Marin County -cords. ALSO EXCEPTING THEREFROM all that portion thereof described as follows: A STRIP OF LAND, 10 feet in width, lying Southeasterly of and contiguous to the Southeasterly boundary of that certain parcel of land described in the Deed from the City of San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a California corporation, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, and re-recorded November 29, 1961 in Book 1519 of Official Records at Page 508, Marin County Records. ALSO EXCEPTING THEREFROM all that portion thereof lying within the lines of Lincoln Avenue. AND FURTHER EXCEPTING any portion of the above described property which may have been tidelands in the bed of any tidal slough below the elevation of ordinary high tide. PARCEL THREE AN EASEMENT for sanitary sewer purposes described as follows: A STRIP of land of the uniform width of 20 feet, the centerline of which is described as follows: COMMENCEMENT at a point on the Easterly line of Lindaro Street at the Intersection of two courses bearing South 70 15' West and South 8' 15' West, as said courses are shown upon that map entitled, "Map of a Portion of Lindaro Street, City of San Rafael, Marin County, California", filed for record March 2, 1937 in Volume 2 of Official Surveys, at Page 83, Marin County Records; thence North 8* 53' East 32.92 feet to the true point of beginning; thence Southeasterly perpendicular to the aforementioned Easterly line, 315.00 feet; thence along a tangent curve to the left, through a central angle of 51 ' 00' 00" having a radius of 215.00 feet, an arc distance of 191.37 feet; thence North 47' 53' East 70 feet, more or less, to the termination of the casement and also the Westerly line of Lincoln Avenue, described as an arc 194.78 feet long in a Deed from the City of San Rafael to the Pacific Gas and Electric Company, recorded October 18, 1961 in Book 1507 of Official Records at Page 381, Marin County Records. That certain real property situate in the City of San Rafael, County of Marin, State of California, more particularly described as follows: COMMENCING at the intersection of the southerly line of Second Street with the easterly line of Lincoln Avenue, said point being located South 50010100" East 0.32 feet from a lead plug and tag RE5561 set in a concrete sidewalk, and as shown on the Record of Survey Map filed May 10, 1985 in Book 20 of Surveys at Page 47; Marin County Records; thence along said southerly line of Second Street South 83033'00" East 140.70 feet to the southwesterly line of Francisco Boulevard; thence leaving the southerly line of Second Street and along said southwesterly line of Francisco Boulevard, South 51037'29" East 98.68 feet to the westerly line of Parcel 4, conveyed to the San Rafael Redevelopment Agency by deed recorded October 30, 1997, in Document No. 97-062019; thence along said westerly line South 11'32'07" West 95.76 feet to the True Point of Beginning; thence continuing along said westerly line South 11°32'07" West 189.48 feet; thence on a curve to the right tangent to the preceding course having a radius of 441.70 feet through a central angle of 36'01'12", an arc length of 277.68 feet to the easterly line of aforementioned Lincoln Avenue; thence along said easterly line of Lincoln Avenue on a curve to the left whose radius point bears North 60°08'08" East 473 feet, through a central angle of 01 °17'20", an arc length of 10.64 feet; thence Ieaving said easterly Iine of Lincoln Avenue on a curve to the left whose radius point bears North 31 °36'30" West, a distance of 315.00 feet, through a central angle of 50°24'27", an arc length of 277.13 feet; thence North 12°06'01" East 102.01 feet; thence North 06°19'27" East 109.66 feet; thence leaving the westerly line of said tidal slough North 80050115" West 13.96 feet to the Point of Beginning. Said Parcel contains an area of 0.24 acres, more or less. RESOLUTION NO. 13275 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE SAN RAFAEL CORPORATE CENTER (750- 790 LINDARO STREET AND 781-791 LINCOLN AVENUE) MASTER USE PERMIT (UPI1-033)TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT, AND TO APPROVE A PARKING REDUCTION FOR THE MEDICAL USE (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) The City Council of the City of San Rafael finds and determines that: WHEREAS, in February 1998, the San Rafael City Council adopted a Planned Development District (PD -1721) approving a Master Plan for the development of a 406,000 square foot office park on a 15.54 -acre site located south of Second Street in Downtown San Rafael. The PD -1721 District established zoning and standards for development of the subject property with five buildings (totaling 406,000 square feet), two parking structures, surface parking, campus landscaping and publicly -accessible park area along Mahon Creek. The zoning limits land use of the office park to administrative and general office use only. This action was accompanied by the approval of a Master Use Permit (UP97-10) for the office complex; and WHEREAS, in August 2000, the San Rafael City Council adopted an amendment to the Planned Development (PD -1754), District and Master Use Permit (UP97-1 Ob) to approve changes in the zoning district development standards in order to accommodate multi -tenant use of the office park (San Rafael Corporate Center) and to modify public use requirements for office park facilities. Master Use Permit UP97-10 and UP97-10b are currently in effect; and WHEREAS, since 2000, much of the San Rafael Corporate Center office park campus has been developed and largely occupied by administrative and professional office businesses. To date, four of the five office buildings and one (western) parking structure have been built, along with surface parking, campus landscaping and the publicly -accessible park area. When the remaining phase of the office park is developed (one office building and one [eastern] parking structure), the San Rafael Corporate Center will be built -out at 401,000 square feet; and WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael Corporate Center Phase I LIC, property owner requesting an amendment to the Master Use Permit (UPI 1-033) to expand the allowed land uses for the office park to include medical use and research and development use defined as follows: ➢ Medical Use. Medical use is defined as medical office, clinic or medical laboratory (daytime, testing services for patientsi'visitors). A total of 68,068 square feet of medical use is proposed as an allowance, meaning that of the total 401,000 square feet of office park area currently approved for general and administrative office use, up to 68,068 square feet could be used for medical use. The modification proposes that the medical use allowance be generally applied to the office park and that it not be approved for any one building or concentrated in any one area of the park site. Research and Development Use. Research and Development use is defined as use engaged in scientific, medical or technological research with limited product testing and production. This use excludes full production industrial -type manufacturing and generally operates similar to and characteristic of low -intensity, general office use. 'Medical laboratories 3-1 established for research (as opposed to labs providing testing services for patients/visitors) would be considered a research and development use. WHEREAS, the proposed amendment to the Master Use Permit (UPI 1-033) includes a request to modify the office park parking requirements. The request proposes a parking reduction to the City's parking requirements for medical use. While the San Rafael Municipal Code requires a higher parking standard for medical use (4.4 parking spaces per 1,000 gross square feet of building area) than the standard established by the Master Use Permit (3.3 parking spaces per 1,000 gross square feet for multi -tenant administrative and general office use), the request proposes to maintain the currently adopted parking standard of 3.3 spaces per 1,000 gross square feet of building area. The request would result in a maximum, potential parking reduction for the office park of 5-6%; and WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the San Rafael Corporate Center Master Use Permit (UPI 1-033). On a 5-0 vote (Commissioners Lang and Pick absent), the Planning Commission adopted Resolution No. 11-14 recommending to the City Council the approval of the amendment to the Master Use Permit. The Planning Commission recommended that the conditions be revised to include and address and incorporate signage for evening and weekend public parking use of parking lot on the western parcel. The recommendations regarding parking is presented in condition 6 below and are incorporated herein; and WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing to review the proposed amendment to the San Rafael Corporate Center Master Use Permit (UPI 1-033) and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, by separate resolution, the City Council has recommended to the City Council the adoption of a Negative Declaration (IS 11-002), which adequately addresses the potential environmental impacts of the proposed amendment to Master Use Permit; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves an amendment to the San Rafael Corporate Center Master Use Permit UPI 1-033 based on the following findings: As proposed and as conditioned, approval of this Master Use Permit to expand the allowable uses to include medical and research and development uses would be consistent with the applicable goals and policies of the San Rafael General Plan 2020 and in conformance with the provisions of the PD -1754 District, as amended. Specifically: a. As proposed, the medical and research and development land uses are consistent with Land Use Element Policies LU -23 (Land Use Map and Categories), LU -10 (Planned Development), LU -9 (Intensity of Nonresidential Development), LU -14 (Land Use Compatibility) in that these uses would be: allowable under the adopted Lindaro Office land use designation; compatible with the current land uses allowed under the PD -1754 District adopted for this site-, and compatible with existing land uses found in the surrounding area. b. As proposed, the medical and research and development land uses would be consistent and not in conflict with Circulation Element Policies C-5 (Traffic Level of Service 3-2 Standards) C-7 (Circulation Improvements Funding) and C-12 (Transportation Demand Management) in that: the increase in traffic estimated for these uses would not impact or change level of service conditions at local intersections nor would they warrant new transportation improvements; the medical use component would be subject to the adopted citywide traffic mitigation fees which would be used to fund long-term transportation improvements; and the project would not change the current City requirement and obligation of the office park owner to implement transportation demand measures such as encouraging tenants, through incentives to carpool and use public transit. c. As proposed, the medical and research and development land uses would be consistent with Neighborhood Element Policies NH -15 (Downtown Vision), NH -16 (Economic Success), NH -38 (Lindaro Office District) and NH -8 (Parking) in that it would: facilitate additional employment and future economic success in the Downtown area; promote build -out of the San Rafael Corporate Center project by allowing a land use that is appropriate and marketable; allow compatible land uses that would fill current and long-term projected vacancies in general and administrative office space; and promote a reasonable reduction in required parking supported by the project's proximity to Downtown, the Bettim Transit Center and the planned SMART rail stations. As proposed, the medical and research and development land uses would be consistent with newly -adopted Sustainability Element Policies SUA (Land Use) and SU -2 (Promote Alternative Transportation), and the adopted Climate Change Action Plan in that: the uses are proposed within an existing and approved development office park that is close to public transit and Downtown; the project proposes a reduction in the amount of required parking for the medical use component, thus reducing thermal gain and shared parking; and the additional mix in land uses would facilitate the implementation transportation demand measures such as encouraging tenants, through incentives to carpool and use public transit. The approval of medical and research and development land uses would be consistent with Our Vision of Downtown San Rafael in that it would further promote new businesses and employment in the Downtown area. The approval of medical and research and development land uses would be consistent with the PD -1754 District, as amended by adoption of Zoning Amendment ZC11-002, which would permit these land uses. 2. The proposed addition of medical and research and development uses would not be detrimental to the health, safety or general welfare of the residents or community in that: a. These uses would be compatible with the currently approved and operating administrative and general office use. Medical and research and development uses are commonly mixed within office complexes that are occupied by administrative and general office use. These uses would be compatible with surrounding and immediate land uses and development. b. These uses would be consistent and not in conflict with the deed restriction recorded for the San Rafael Corporate Center, which permits commercial and office land uses but prohibits use and development with residential and day care land uses. c. The addition of these land uses would not result in any physical changes or additions to the currently approved and largely developed San Rafael Corporate Center complex. The Corporate Center is adequately served by local facilities and utilities. d. The scope and definition of the medical and research and development land uses would not allow industrial development, heavy production or laboratory operations that would be more appropriate for a site that is zoned for light industrial or industrial land use. 3-3 The proposed reduction in parking for the medical use component (68,068 square feet) authorizes use of the general and administrative office parking standard currently adopted in the San Rafael Corporate Center Master Plan (3.3 spaces/1,000 square feet), rather than the parking standard established for medical use in the San Rafael Municipal Code (4.4 spaces/11,000 square feet). The initial approval of the San Rafael Corporate Center found that this development has been designed to adequately address the automobile, bicycle and pedestrian traffic systems. Consistent with SRMC Section 14.18.04013, the City Traffic Engineer has studied the parking needs for the medical office use at this location finding that the use of the currently adopted parking standard for office park is reasonable, appropriate and adequate in that: a. The currently adopted standard of 3.3 parking spaces per 1,000 square feet of building area is consistent with the medical use parking standard studied and recommended by the Institute of Transportation Engineers (ITE). The ITE standards are based on case studies of developed land uses, and are widely used by local agencies and licensed traffic engineers. b. The 5-6% reduction in the parking requirement is a nominal amount, which is far below the typically requested and approved parking reduction for office projects (20% reduction is common). Lastly, parking reductions are encouraged when a site is developed and occupied with a mix of land uses that have different peaks in parking demand. c. The approvals and agreements established for the San Rafael Corporate Center require that the parking lot on the western parcel be made available for public use during the evening hours and on weekends. The parking reduction would not conflict with this agreement in that the peak parking use periods for medical use are during weekdays. d. The San Rafael Corporate Center is in immediate proximity to the Bettini Transit Center (mass transit hub for Marin County) and the planned SMART rail station. The immediate access to mass transit reduces parking demand, which appropriately supports lower parking standards. BE IT FURTHER RESOLVED, that the City Council approves the amendments to the Master Use Permit UPI 1-033 subject to the following conditions which replace, in their entirety conditions of approval for UP97-10 and UP97-10b: The Master Use Permit approves office building area for the following uses on the Central Parcel of the Office Park (bounded by Second Street to the north, Lindaro Street to the west, Lincoln Avenue to the east and Mahon Creek to the south): a. Administrative and General Office Use. These uses are defined by the San Rafael Municipal Code, Title 19 (Zoning), b. Medical Use. Medical use is defined as medical office, clinic or medical laboratory (daytime, testing services for patients/visitors). A total of up to 68,068 square feet of medical use is approved as an allowance, meaning that of the total 401,000 square feet of office park area, up to 68,068 square feet could be used for medical use. See condition 5 for parking requirements. Medical use shall be subject to the latest, City - adopted traffic mitigation fees. Traffic mitigation fees shall be charged for each new medical use tenant and paid at the time a building permit is issued for tenant improvements proposed for this use. Traffic mitigation fees shall be charged for new medical use tenants until the 68,068 -square -foot medical use allowance has been reached. To monitor incremental fee payment, the property owner shall maintain an accounting of the fees that have been paid and shall be required to submit this accounting at the time a building permit is filed for medical use tenant improvements. 3-4 Once this maximum use allowance has been reached, no further traffic mitigation fees shall be charged. Further, no traffic mitigation fees are required when a new medical use is replacing an existing, previously approved and occupied medical use. c. Research and Development Use. Research and Development use is defined as a use engaged in scientific, medical or technological research with limited product testing and production. This use excludes full production industrial -type manufacturing and generally operates similar to and characteristic of low -intensity, general office use. Medical laboratories established for research (as opposed to labs providing testing services for patients/visitors) would be considered a research and development use. As research and development use is similar to and generally less intensive than general office use, it does not require the payment of any traffic mitigation fees or any provisions for additional on-site parking (over and above that approved for general and administrative office use). d. Uses determined to be incidental or accessory to the above -listed land uses shall be permitted, as determined to be appropriate by the Community Development Director. Residential and day care land uses are prohibited by a recorded property deed restriction, described in condition 3, below. The Master Use Permit approves surface parking and parking structures on the Western Parcel (south of Second Street, west of Lindaro Street) and Eastern Parcel (south of Second Street, east of Lincoln Avenue). These parcels are restricted to parking use and landscaping only. As required by the subdivision map for the San Rafael Corporate Center (RM 2002- 185, recorded September 2002), a restrictive covenant has been recorded on the subdivision map to encumber the Western and Eastern Parcels, ensuring that any conveyance of these parcels shall include a reservation or grant of easement to the benefit of the Central Parcel (office park described in condition I above) to provide parking required by this Use Permit and the San Rafael Corporate Center Environmental and Design Review Permit (ED -97- 24). Use of the Western and Central Parcels are subject to the Covenant of Deed Restriction, recorded on August 10, 1989, This covenant restricts the uses that are permitted on these properties and requires continued maintenance and monitoring of on-site groundwater conditions, The Master Use Permit and the Covenant of Deed Restriction recognize that the Western and Central Parcels contain utilities and groundwater remediation improvements that are to remain on these sites in perpetuity. 4. As required by condition 2 of the initial Master Use Permit (UP97-1 0 and UP97-1 Ob), these permits approved a building height bonus for office Buildings A (750 Lindaro Street), C (770 Lindaro Street), D (790 Lindaro Street) & E (791 Lincoln Avenue) on the Central Parcel conditioned upon providing permanent, public access, use and availability of the landscaped park area located on the south side of the office campus (south of and between Buildings A (750 Lindaro Street) and B (781 Lincoln Avenue), bordered on the south by Mahon Creek). The park area shall be owned, in -fee, and permanently maintained by the property owner andlor the association of owners within the office park. A permanent public access easement has been recorded over the park area as part of the San Rafael Corporate Center subdivision map (RM 2002-185). The public use of this park area shall be subject to the following conditions: General Park Use a. For day-to-day general use, the park area shall be permanently accessible to the public, year round (365 days) and during the daylight hours (dawn to dusk). 3-5 b. The property owners and/or the association of owners within the office park shall be responsible for daytime and evening security of the park area. c. Fencing and security gates shall be provided and permanently maintained at both the Lindaro Street and Lincoln Avenue entrances to the park area (south of Buildings A and B). The security gates shall be left open during the daylight hours and closed after dark. Signage shall be installed at these entrance gates identifying the park and hours for public access. Special Events and Activities d. Public use of the park area, and the 2,500 square foot conference/meeting room space provided in Building A for special events and activities shall be scheduled by appointment, made through the property owner and/or association of owners within the office park. The property owner and/or association of owners shall designate a property manager to oversee the management and scheduling of special events and activities. e. First priority for use of the park area and the 2,500 square foot conference/meeting room space provided in Building A for special events shall be given to not-for-profit organizations, homeowners associations and neighborhood groups/associations within the City of San Rafael, schools within the City of San Rafael, and the City of San Rafael. No user fee shall be charged for the qualified users for special event use of the park area and/or the 2,500 square -foot conference/meeting room space, except deposit fees required for clean-up and security. f. Use of the park area for special events and activities shall include public access to restrooms and water fountains located within Buildings A and/or B. If these facilities are not available, portable restrooms shall be provided in the park area at no cost to the user. g. Users of the park area and the 2,500 square foot conference/meeting room space provided in Building A for special events and activities shall be subject to compliance with specific rules, regulations and guidelines, which are to be maintained by and provided to the user by the property owner and'or the association of owners of the office park development. These rules, regulations and guidelines have been approved by City staff and the Park and Recreation Commission. The approved rules, regulations and guidelines are based on the public facility use regulations currently implemented by the City. The final, approved rules, regulations and guidelines shall be maintained on file with this Use Permit. This Use Permit approves an office building parking ratio of 3.3 parking spaces per 1,000 square feet of gross office building area for all approved administrative and general office uses, medical uses and research and development uses. A parking reduction is approved for the medical use (up to 68,068 square feet). In the event, through periodic monitoring, it if found that the demand for medical use parking exceeds the supply, additional measures may be required of the office park owner(s) to address this demand. Measures may include but not limited to: a) the development and operation of a parking management program such as valet parking; or b) construction of additional parking in the parking structure on the Eastern Parcel. 3-6 materially higher than the amounts charged by the City for City -owned marking facilities in the Downtown Sari Rafael. 7. Consistent with the initial Master Use Permit approvals (UP97-10 and UP97-10b), the office park building tenants/property owners are required to implement a Transportation Systems Management Program (TSM). A TSM program has been approved and is on file with the Department of Community Development. This approved program obligates tenants to encourage employees, through incentives to implement TSM measures such as staggered work hours, telecommuting, carpooling, and public transit use. As this TSM program does not require mandatory monitoring by the City nor does it include any required performance standards, there is no mandatory monitoring by the City. However, the building tenantslproperty owners are obligated to provide a good -faith effort in managing project traffic through implementation of TSM measures. The Use Permit shall be annually reviewed by the Community Development Department for a period of five years following full occupancy of the development. The purpose of the annual review is to determine compliance with conditions of approval for the following: a. Review the status of project phasing and construction (including conditions required by ED -97-24). b. Review project occupancy and phasing to determine adequacy of on-site parking. C. Review TSM measures imposed by the office park tenants and property owners to determine success. d. Review use and operation of the conference/meeting facilities in Building A and other outdoor use areas available for community use. Annual review by the City shall be subject to cost recovery fees charged to the project sponsor. Following the fifth year of full office park occupancy and operation, no annual review of the use permit shall be required. However, the permit may be brought up for review by the City at any time should the use: 1) not comply with City regulations; 2) violate conditions of project approval; and/or 3) should the use become detrimental to the public health, safety and welfare or materially injurious to properties or improvements in the vicinity. This Master Use Permit shall become effective on the date in which the ordinance of the adopted amendment to the San Rafael Corporate Center Planned Development District zoning (ZC 11-002) becomes effective. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 5"' day of December, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES. COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk 3-7 ORDINANCE NO. 1902 AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA97-1) FOR THE SAN RAFAEL CORPORATE CENTER (750-790 LINDARO STREET AND 781-791 LINCOLN AVENUE) TO EXPAND THE ALLOWABLE LAND USES TO INCLUDE MEDICAL OFFICE AND RESEARCH AND DEVELOPMENT AND TO UPDATE THE AGREEMENT TERMS DAI I-001 (APN 013-012-38 & 29; 013-021-41, 50, 51, 52, 53, 54 & 55) WHEREAS, in February 1998, the San Rafael City Council adopted a Planned Development District (PD -1721) approving a Master Plan for the development of a 406,000 square foot office park on a 15.54 -acre site located south of Second Street in Downtown San Rafael. Concurrent with this action, the City Council adopted Ordinance No. 1722 approving a Development Agreement with Fair, Isaac and Company, Inc., the initial project developer and initially -envisioned single -tenant for the office park. The Development Agreement included specific terms, conditions and requirements agreed by both the City and Fair, Isaac for a 10 -year build -out of the San Rafael Corporate Center; and WHEREAS, in August 2000, the San Rafael City Council adopted Ordinance No. 1755, approving an amendment to the Development Agreement to approve changes in the property ownership (Wilson/Equity Office, Inc.) and to the development standards in order to accommodate multi -tenant use of the office park (hereafter, the "San Rafael Corporate Center"); and WHEREAS, since 2000, the ownership of the San Rafael Corporate Center has changed, and much of the office park campus has been developed and largely occupied by administrative and professional office businesses. To date, four of the five office buildings and one (western) parking structure have been built, along with surface parking, campus landscaping and the publicly -accessible park area. When the remaining phase of the office park is developed (one office building and one [eastern] parking structure), the San Rafael Corporate Center will be built -out at 401,000 square feet. The terms of the Development Agreement, as amended in August 2000 (hereafter, the "Amended Development Agreement") vest project build -out through 2013, with options for additional extensions through 2015; and WHEREAS, on May 17, 2011, planning applications were filed by the San Rafael Corporate Center Phase I LLC, property owner, requesting an amendment to the Planned Development (PD -1754) zoning district, the Master Use Permit and the Amended Development Agreement to expand the allowed land uses for the office park to include medical use and research and development use. It was determined that the proposed addition of these land uses necessitates an amendment to the Amended Development Agreement; and WHEREAS, a full and complete copy- of the approved and executed Development Agreement and the subsequent amendment are on file with the offices of the City Clerk and are available for public review; and WHEREAS, new amendments to the Amended Development Agreement have been drafted by the San Rafael Corporate Center Phase I LLC and the Office of the City Attorney to incorporate the proposed land uses, to update specific terms and to delete obsolete terms; and 4-1 WHEREAS, on October 25, 2011, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendments to the Amended Development Agreement. On a 5-0 vote (Commissioners Lang and Pick absent), the Planning Commission adopted Resolution No. 11-15 recommending to the City Council the approval of the proposed amendments to the Amended Development Agreement; and WHEREAS, on December 5, 2011, the City Council held a duly noticed public hearing to review and consider the proposed amendments to the Amended Development agreement, set forth in a proposed "Second Amendment to Development Agreement" attached hereto as Exhibit A and incorporated herein by reference, and considered all oral and written testimony and the written report of the Community Development Department; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA) Guidelines, a Development Agreement is subject to environmental review. By separate resolution, the City Council adopted a Negative Declaration (IS11-002), which adequately addresses the potential environmental impacts of the proposed amendments to the Amended Development Agreement; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community Development Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Findings. A. California Government Code Sections 65864-65869.5 authorizes cities to enter into binding development agreements as therein provided. A Development Agreement for the San Rafael Corporate Center project was approved by the City of San Rafael and executed between the City and the property owner (formerly Fair, Isaac and Company, Inc.) in February, 1998 (DA97-1), and an amendment thereto was approved and executed in August, 2000 (collectively referred to hereafter as the "Amended Development Agreement". San Rafael Corporate Center Phase I, LLC, the current property owner has requested an amendment to the Amended Development Agreement to update its terms and to expand the allowable land uses for the San Rafael Corporate Center (DAI1-001), as set forth in the "Second Amendment to Development Agreement" attached hereto as Exhibit A. The City Council finds that the amendments to the Development Agreement set forth in Exhibit A are consistent with the California Government Code. B. As required by the City of San Rafael Municipal Code (Title 14, Zoning), on October 25, 2011, the San Rafael Planning Commission held a public hearing on the proposed amendments to the Amended Development Agreement and voted (5-0) to recommend to the City Council the approval of the amendments (Planning Commission Resolution No. 1 I-15). C. The City Council finds that, as amended by Exhibit A, the Development Agreement will be consistent with the San Rafael General Plan 2020 and will be consistent with the Planned Development District adopted for the subject property. 4-2 DIVISION 2. Approval of Second Amendment to Development Agreement. The City Council of the City of San Rafael hereby: a) approves the Second Amendment to Development Agreement for the San Rafael Corporate Center project, in the form attached hereto as Exhibit A; and b) authorizes the Mayor and City Clerk to sign the amendment on behalf of the City Council. DIVISION 3. Severability. If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity or the remaining portions of this added ordinance section. DIVISION 4. Publication. This Ordinance shall be published once, in full or in summary form, at least five days before its final passage, in a newspaper of general circulation published and circulated in the City of San Rafael, California, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the ordinance shall simultaneously be posted in full in the City Clerk's office, and the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, California. Within fifteen (15) days after adoption, the City Clerk shall also post in the Office of the City Clerk, a certified copy of the full text of this ordman e amendment along with the names of those Councilmembers voting for or against the amend t. GARY O. PHI> LIPS, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No.1902 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 5`h day of December 2011, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City Council to be held on the 19`' day of December 2011. Attachment: Exhibit A ESTHER C. BEIRNE, City Clerk HE Recording Requested By, And When Recorded Please Return to: City Clerk City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 A.P.N. 013-012-38;013-012-29,013-021-41,013-021-50 A.P.N. 013-021-51,013-021-52,013-021-53,013-021-54 A.P.N. 013-021-55 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (San Rafael Corporate Center) THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second Amendment") is entered into as of ---9 --1 by and between the City of San Rafael, a California charter city ("City"), and San Rafael Corporate Center Phase One, LLC and San Rafael Corporate Center Phase Two, LLC (collectively hereafter "SRCC"), with reference to the following: RECITALS: A. On February 17, 1998, City's City Council ("the City Council") adopted Ordinance No. 1722 approving a Development Agreement between the City and Fair, Isaac and Company, Inc. ("Fair, Isaac") pursuant to the authority of California Government Code sections 65864 et seq., for development of the property described in the Development Agreement, now commonly known and referred to hereafter as the "San Rafael Corporate Center." The Development Agreement, dated February 17, 1998, was recorded in the Office of the Marin County Recorder on April 9, 1998 as Document No. 98-023245. 13, On August 21, 2000, the City Council adopted Ordinance No. 1755, approving and authorizing the Mayor to execute an "Amendment to Development Agreement." C. SRCC is the present owner of, and the successor -in -interest to Fair, Isaac's ownership interest in the San Rafael Corporate Center, and to the rights and obligations of Fair, Isaac under the Development Agreement, as amended by the Amendment to Development Agreement (collectively hereafter "the Amended Development Agreement"). D. The Amended Development Agreement vests in SRCC the right to develop five buildings zoned for administrative and general office use, and two parking structures at the San Rafael Corporate Center. All but one office building and one parking structure have been constructed, construction has not yet begun on these final structures. Exhibit A E. On May 17, 2011, SRCC applied to the City to amend the zoning and the Master Use Pen -nit for the San Rafael Corporate Center to expand the permitted uses of the office space to include medical use, and for approval of accompanying amendments to the Amended Development Agreement. F. On October 25, 2011, the City's Planning Commission held a public hearing on the applications for rezoning and for amendment of the Master Use Permit and the Amended Development Agreement, and recommended approval of those applications to the City Council. G. On December 5, 2011, the City Council held a public hearing on the applications to rezone and amend the Master Use Permit and Amended Development Agreement; and adopted Resolution No. 13275 approving the amendments to the Master Use Permit. H. On December 19, 2011, the City Council adopted Ordinance No. 1901 approving the rezoning for the San Rafael Corporate Center. 1. On December 19, 2011, the City Council adopted Ordinance No. 1902 approving and authorizing the Mayor to execute the requested amendments to the Amended Development Agreement, in the form of this Second Amendment. NOW, THEREFORE, THE CITY AND SRCC AGREE AS FOLLOWS: Amendment of Development Agreement Section 1.6. Section 1.6 of the Amended Development Agreement shall be amended to read as follows (shown in underline/strikeout format): 1.6 Enacting Ordinance and Resolution. Ordinance No. 1722, enacted by the City Council of the City of San Rafael on February 17, 1998, approving this Development Agreement (attached as Exhibit F to the Development Agreement); Resolution No, 10026, adopted by the City Council of San Rafael on September 17, 1998, authorizing execution of this Development Agreement by the Vice - Mayor (attached as Exhibit G to the Development Agreement); Ordinance No. 1755 enacted by the City Council of San Rafael on August 7, 2000, approving the Amendment to Development Agreement dated as of July 1, 2000; and Ordinance No. 1902 enacted by the City Council of San Rafael on December 19, 2011, approving the Second Amendment to Development Agreement dated as of 2. Amendment of Development Agreement Section 1.20. Upon the effective date of the City's approval of the May 17, 2011 applications for rezoning and amendment to Exhibit A Master Use Permit, the Vested Approvals as defined in Section 1.20 of the Amended Development Agreement shall be revised to reflect those approvals. 3. Amendment of Development Agreement Section 2.7. Section 2.7 addresses night and evening parking on the western parcel (referred to as Public Parking Parcel, west of Lindaro Street). The terms of this section shall be amended as follows (shown in underline/strikeout format): 2.7 Night Evening and Weekend Parking. On a portion of the property shown on attached Exhibit D (the "Public Parking Parcel", parcel located west of Lindaro Street), the property owner shall make available the parking improvements for public parking on nights and weekends. The public parking parcel shall be made available from midnight to 6 a.m. and from 6 p.m. to midnight on Monday through Friday and all hours on Saturdays and Sundays. A sign shall be posted at the Lindaro Street entrance to the Public Parking Parcel stipulating public availability of parking during nights and weekends. Such parking shall be provided at no cost to the City or the Agency. The property owner shall not charge for the public parking without the approval of the City, which approval shall not be unreasonably withheld, provided that the proposed charges are not substantially and materially higher than the amounts the City charges in the City -owned parking facilities in downtown San Rafael for night and weekend parking after taking into consideration additional and excess costs to the property owner of security and other related matters. The public parking shall be made available for parking beginning with the completion of the First Phase of Improvements. 4. Amendment of Development Agreement Section 3.2.1. Section 3.2.1 of the Amended Development Agreement shall be amended to add the following to the permitted uses included in the Project: a. Medical Use. Medical use is defined as medical office, clinic or medical laboratory (daytime, testing services for patients/visitors). A total of 68,068 square feet of medical office use is proposed as an allowance, meaning that of the total 401,000 square feet of office park area currently approved for general and administrative office use, up to 68,000 square feet could be used for medical office use. The modification proposes that the medical office use allowance be generally applied to the office park and that it not be approved for any one building or concentrated in any one area of the park site. b. Research and Development. Research and Development use is defined as use engaged in scientific, medical or technological research with limited product testing and production. This use excludes full production industrial -type manufacturing and generally operates similar to and characteristic of low - intensity, general office use. Medical laboratories established for research (as opposed to labs providing testing services for patients' visitors) would be considered a research and development use. Exhibit A 5. No Other Amendment. Except as set forth in this Second Amendment, the Amended Development Agreement shall remain in full force and effect and unamended. 6. Recordation. Pursuant to the Development Agreement Legislation (as defined in the Amended Development Agreement), within ten (10) days following the date that Ordinance No. 1902 becomes effective, the parties shall record this Second Amendment. For purposes of recording, a legal description of the San Rafael Corporate Center is attached hereto as Exhibit I and incorporated herein by reference. The cost of recording shall be borne by SRCC. 7. Counterparts. This Second Amendment may be executed and acknowledged in Counterparts. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date as first set forth above. CITY OF SAN RAFAEL M Gary O. Phillips, Mayor APPROVED ASTO FORM: ATTEST: By: By: Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk SAN RAFAEL CORPORATE CENTER PHASE ONE, LLC M SAN RAFAEL CORPORATE CENTER PHASE TWO, LLC 0 4 Exhibit A ATTACHMENT 5 Planning Commission Meeting Minutes (Action) October 25, 2011 |NTHE COUNCIL CHAMBER OFTHE CITY QFSAN RAFAEL, October 25, 2011 Regular Meeting San Rafael Planning Commission Minutes For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings CALL TO ORDER PLEDGE OF ALLEGIANCE RECORDING OF MEMBERS PRESENT AND ABSENT Present: Kate Colin Larry Paul Jack Robertson Dan Sonnet, Chair VihtoriyaVVise Absent: Charlie Pick Maribeth Lang Staff Present: Paul Jensen, Community Development Director Nader Mansourian, Public Works Director APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES URGENT COMMUNICATION CONSENT CALENDAR 1. Minutes, June 1/,2O11 Kate Colin moved and Viktoriya Wise seconded to approve the minutes as presented as follows: AYES: Kate Cohn, Larry Pau[ Dan Sonnet, Chair, VlktohyeVVise. Jack Robertson NOES: None ABSENT: K8ohbath Lang, Charlie Pick 2. Minutes, September 27,2U11 Viktoriya Wise moved and Kate Colin seconded to approve the minutes as presented as follows: /YES: Kate Co|in, Larry Peu|, Den Sonnet, Chair, VikbzriyaVVise. Jack Robertson NOES: None ABSENT: Maribeth Lang, Charlie Pick NEW BUSINESS 3. 750-790 Lindaro Street/781-791 Lincoln Ave (San Rafael Corporate Center) - Request(s) for amendments to the approved Planned Development (PD -1754) zoning district, Master Use Permit and Development Agreement for the San Rafael Corporate Center, an approved and largely -developed 401,000 square -foot, general and administrative office complex. The amendments propose to expand the allowable uses to include medical use (up to 68,068 square -foot portion of the approved complex), as well as research and development use. The request includes a reduction from the required parking for the medical use component (5-6% reduction for the office park complex). The project proposes no physical changes or improvements to the approved and largely developed office complex; APN: 013-021-34, 35, 50, 51, 52, 53, 54, & 55; Planned Development (PD - 1754) District; SR Corporate Center Phase 1, LLC, owner/applicant; File No(s): ZC11-002; UP11-003; DA11-001. Project Planner: Paul Jensen Staff presented the project and the Commission discussed project parking, signage and public access to the rear of the office campus (Mahon Creek). The Commission recommended that staff draft revisions to project conditions to ensure public access to Mahon Creek is maintained and that parking on the western parking lot is accessible to the public during evening hours and weekends. Jack Robertson moved and Larry Paul seconded to Approve Motion to approve project as presented by staff AYES: Kate Colin, Larry Paul, Dan Sonnet, Chair, Viktoriya Wise, Jack Robertson NOES: None ABSENT: Maribeth Lang, Charlie Pick DIRECTOR'S REPORT Community Development Director Paul Jensen gave a Director's Report. COMMISSION COMMUNICATION ADJOURNMENT: ANNE DERRICK, Administrative Assistant III APPROVED THIS DAY OF , 2011 Dan Sonnet. Chair ATTACHMENT 6 Planning Commission Staff Report October 25, 2011 CITY OF (,L Meeting Date: October 25, 2011 Agenda Item: Community Development Department— Planning Division Case Numbers: ZC11-002, UP11-033; DA11-001; P. O. Box 151560, San Rafael, CA 94915-1560 IS11-002 PHONE: (415) 485-3085/FAX: (415) 485-3184 Project Planner: Paul Jensen —(415) 485.5064 REPORT TO PLANNING COMMISSION SUBJECT: 750-790 Lindaro Street/781-791 Lincoln Ave (San Rafael Corporate Center) — Request(s) for amendments to the approved Planned Development (PD -1754) zoning district, Master Use Permit and Development Agreement for the San Rafael Corporate Center, an approved and largely -developed 401,000 square -foot, general and administrative office complex. The amendments propose to expand the allowable uses to include medical use (up to 68,068 square -foot portion of the approved complex), as well as research and development use. The request includes a reduction from the required parking for the medical use component (5-6% reduction for the office park complex). The project proposes no physical changes or improvements to the approved and largely developed office complex; APN: 013-021-34, 35, 50, 51, 52, 53, 54, & 55; Planned Development (PD -1754) District; SR Corporate Center Phase I, LLC, owner/applicant; File No(s): ZC11-002; UP11-003; DA11-001. _ EXECUTIVE SUMMARY The project proposes to expand the list of the land uses permitted at the San Rafael Corporate Center, which is located in Downtown San Rafael. The 401,000 -square -foot multi -building office park, which is located south of Second Street, is current zoned (PD -1754 District) and approved for general and administrative office use only. Medical use and research and development use are proposed, which require an amendment to the Planned Development (PD -1754) zoning district and to the Master Use Permit approved for the office park. The project proposes a 68,068 -square -foot allowance for the medical use, along with a 5-6% reduction in the off-street parking that would be required for this use. The project proposes no physical changes or improvements to the office park development or site. As discussed in this report, staff concludes that the project, as proposed and as conditioned, is consistent with the San Rafael General Plan 2020, and complies with all applicable zoning development standards, as amended. The City Traffic Engineer has reviewed the projected traffic for the addition of these uses finding that operational conditions to local intersections and arterials will not be impacted. Further, the City Traffic Engineer has studied the requested parking reduction for the medical use finding that it is reasonable and justified. Draft resolutions have been prepared by staff (see Attachments 1-4) outlining findings and recommended actions. RECOMMENDATION It is recommended that the Planning Commission adopt the attached resolutions recommending to the City Council adoption of a Negative Declaration, and amendments to the PD -1754 District, Master Use Permit and Development Agreement. REPORT TOPLANNING COMMISSION -Case Nos: ZC11'002UP11-%3.DA11-001and |S11'0V2 Page [yro erty Size. 15.54 acres )rhood: Downtown Site Characteristics General Plan Designation ignation Existing Land -Use J P Site Lindaro Office PD -1754 District 0 ice Park North: Second/Third Mixed Use 2/3 MUE District Commercial East: Park P/OS District Mahon Creek South: Park Industrial P/OS District I District Albert Park Industrial West: Second/Third Mixed use 2/3 MUE District Resident!a��� Site Dmmoriptiom/Sefting: The projectSit88Dcornp8SSeS15.54-@cresOf|eVe||Gnd|Oc8ted8OUthOfSeCOOdStneetiDI]UvVntOvvn8aD Rafael. The property is bordered by GeCODd Street (major arterial) to the north. K88h0n Creek tOthe east and south, and Andersen Drive to the south. Immediately west of the site is 8 PG & E substation and @ DlU|dp|e-h3Dli|y residential development (Albert Lofts). Lincoln /\veDU8 and LiDd8P0 Street /cO||e[tOr streets) intersect the project site in 8 north -south direction, splitting the 15.5 -acre property into three large p8[Ce|S. 8e8 attached Vicinity/Site Map. As shown on the attached vicinity/site 08p, the property is divided into three main p8[Ce|G: the CeDL[8| p@[Ce| /CeDtr8| office building C80pUS\; the vV8S[e[n parcel (parking lot and structure west Of UndGrO Gi[Set); and the eastern p3[Ce| parking east of Lincoln /\veOU8. The CeOt[@| and western parcels were formerly owned by PG &E and these parcels were once used (by PG &E) to produce gas and fuel. Due to groundwater and soil contaminants associated with the former gas and fuel processing use, these two parcels are subject to G long-term 0OOi[O[iOg program (order) issued by the Department of Toxic SUbg[3OCH COAtPD| /DTSC\. In 8SSOCi8tiOO with the []l -8C Order, 8 deed restriction is recorded for the CeOt[G| and western parcels, which prohibits [BSideDd8| and child C8[e |8Od uses. The eastern parcel was fO[0e[|y OVVOed by the City of G@D Rafael and OOCe was the Site of the City (|D[pO[8iiOO Yard. Neighboring USeS include 8 PG &E substation and Albert Lofts Apartments to the west, Albert Park, Mahon Creek and industrial uses to the south, and commercial uses to the east and north. BACKGROUND In 1990. the {}Uv Of San Rafael 8ppFOV8d @ master/development plan for the 15.5 -acre Site, which permits the development Of 8 401,000-you8Fe-h]0t office park /GGO F<8f8e| Corporate Center). The office park is approved for the d8Ve|0p[DeOt of five, 3 -4 -story office buildings On the D8ntn3| parcel (PO District permits up to 406'000 square feet of office use sited between LiDCU|D Avenue and Und8nJ Streets) and supportive surface and structured parking (total of 1.323 parking Sp8C88) 0Othe western and eastern parcels (see Exhibit 2for master/development p|8n\. Land use and planning approvals for the office park included: 8) establishment of Planned Development zoning district /PO1754 [}iGt[iCU SO|e|y applying to the 15,54-@c[8 office park; b\ 8 K88StHr Use Permit; S\ an EDVinOn0eDt8| and Design Review Permit approving the project layout, design and 8[Chit8CtUn3; and d\ 8 Tentative W18p authorizing division of the |GDd to create 8 separate parcel for each office building. AS project construction was expected to be phased over many years (which has OCCUrned), City approvals included @ Development Agreement between the City and the property OvvDe[ The Development Agreement was executed tOensure that land use and planning approvals remain valid for 8 nOiDiDlU[D Of 10 Ve8[S. In 2009. the Development Agreement was extended to vest project build -out to September 28, 2013. The terms of this extension also include an Op[iOD for an additional extension REPORT TOPLANNING COMMISSION -Case Nos: 2C11 -0O2 UPI 1-O33 DA11-001and B1i-Dt2 Page through 2015. Regarding allowable land uses, the P[}1754 District and Master Use Permit approve the office park for administrative and gemBnR| office use only. K8ediC@| office use is currently prohibited. To deha, the first two phases of the San Rafael Corporate Center office park have been built (Office Buildings A. B. C & D totaling 318.000 square feet, the western parking structure and surface parking totaling yO7parking opacea\. The remaining phase Vfdevelopment that has yet tobeconstructed iaone office building (Building E, 82,000 square feet) sited for the corner of Second Street and Lincoln Avenue) and the eastern parking structure /on the eastern parcel - former Corporation Yard site, total of 818 parking Sp3CeG\. All planning permits and discretionary approvals have been secured for Building E. The eastern parking S[rUCiUre has received p[S|i[DiO8ry design approval. The final design of this parking structure must be reviewed and recommended for approval by the Design Review Board. The San Rafael Corporate Center office park was subject to extensive environmental review. Prior to the 1SS8action, acomprehensive Environmental Impact Report was prepared and ultimately certified by the City (Fair, |s3GC Office P8[h Project Final Environmental |0po[t Report). The FE|R provided the following conclusions: The office park development VVOu|d [8SUlt in three significant, unavoidable adverse 8DvinJDDlento| impacts to US101 traffic travel through Central Q8O Rafael, 8DeCJC8Uy' the office park project would i0p@d: 8) southbound traffic during the AM peak along the US101 segments between North 88n Pedro Road and Lincoln Avenue and between LiDCO|D and the Central San Rafael exit and b\ northbound traffic during the PM peak 8|ODQ the UG101 segment between 1-580 and the Central 88O Rafael exit. At the time, all three highway S8g0eDtS Operated at capacity (LOS E/F CODdidOOS). In order to approve the office po[h project, the City was required to 08k8 "findings of overriding consideration," meaning that the community benefits of the project were weighed against the SigDific8Dt. unavoidable traffic iOOp8dS. 2. The office park development would result iD8number 0fpotentially significant env[OD[Oental impacts associated with GestheticS, geD|OQv/SOi|S' hydrology/water qu8|hv' transportation/traffic, p8[hiOg. noise, biological nRSOUrceS. air quality, and hazardous [D8t8ha|G. The FEIR recommended specific mitigation measures to reduce or eliminate these impacts, which were [Oe[DOh8|ized in the @pprUV8\ of Mitigation Monitoring and Reporting Program (K8K8RP) and required GG conditions of project approval. Nearly all of the mitigation measures are linked tOsite development, sOmost have been implemented. As discussed above, City 8Ctk]n UO the San Rafael Corporate Center included the approval and execution Uf@Development Agreement. This agreement includes @ number Ofagreed requirements and obligations Ofthe developer such as: )� The iOEJ8U8tiOn of needed t[8DSpOrt8ti0D irDp[Vve[DeDtS in the [)OvvDtOVVD area (in GdUibVD to required traffic mitigation fees). The iO0p[OveDleDtS, which have been iOSta||ed, include the widening of2»d Street /8ddidOOG| t[8Ve| and turning \an8S\. widening Lind8[O Street and installing 8 mid -block traffic signal and safe -travel r8v�| ped8StriGn CnDSSiDg between 2 Street and Andersen drive, and 8pedestrian crossing OOLincoln Avenue. Apublicly-accessible park and trail along the southern edge Ufthe office campus abutting Mahon Creek. This area is open to the public from dawn to dusk, )~ Public parking use of the western parking lot and garage during evening hours and weekends. REPORT TDPLANNING COMMISSION -Case Nos: ZC111'002,UP11-033 DA11VU1and KS11-UU2 Page Expand Allowable Land Uses The project proposes tointroduce medical and naeemroh and development uses hzthe mix ofallowable office uses for the San Rafael Corporate Center. The expanded uses are described as follows: Medical Use. Medical use is defined as nledkcG| office, clinic Or rnediC@| k3 kjavtOOe, testing services for patients/visitors). /\total of 68,068 square feet of rnediuoi use is proposed as an G||OvxaOcR. meaning that of the total 401'000 square feet Of Office p8d« area CUmeOUy approved for general and administrative office use, up to 68,068 square feet could be used for medical use. The modification proposes that the medical use allowance be generally applied to the office p8[h and that it not be approved for any one building or concentrated in any one area of the park site. Z. Research and Development. Research and Development use is defined as use engaged in S[j8OtUiC. medical or technological research with limited product testing and production. This use excludes full production industrial -type rD@DVf8[tU[iDg and generally operates similar to and characteristic Of |Qm+inteOSity, general office use. Medical |8bO[GtOrieS established for neS8@rCh (8S opposed to |@bS providing testing services for patients/visitors) vvVu|d be considered 8research and development use. Neither uses are in conflict with the land Use deed restriction recorded on the property. Further, the project proposes DO physical changes to the approved 88D Rafael Corporate Center office park. NO changes are proposed to the approved site p|3O' architecture, building |8yOUL or final CODStruCƒ|On phasing that would trigger and amendment to the approved Environmental and Design Review Permit. Parking Reduction for Proposed Medical Use The pn]pOS2| includes @parking reduction request for the medical use component. The research and development Use component shares the same parking requirement 8Sthe currently approved general and administrative office use (3.3 SpGceS/1000 QrOSS square feet). The parking reduction for medical use proposes application of the 3.3 parking space per 1,000 gross building square foot standard, which is the parking ratio that is currently required and approved for multiple -tenant, general and administrative office use a[this site. The San Rafael K8UDiCip8| Code requires 84.4 parking 8pGCS per 1,000 gross building square footage [8do for nnediCG| use. The pn}pOS8d parking rate would F9Su|t in G parking reduction of 5-6% from that required under the City code for the entire office park CO0p|eX. The following table provides a breakdown on the current and proposed parking, as well as the reduction amount that is being requested for approval: + San Rafael Municipal Code Chapter 14,18 (Parking) REPORT TO PLANNING COMMISSION - Case Nos: ZC1 1-002, UPI 1 -033, DA1 1 -001 and ISI 1-002 Page 5 Planning Applications: The project requires the following actions: ➢ Amendment to PQ District Zoning (ZCII-002). An amendment to the current PD1754 District zoning is required to allow medical and research and development uses. As noted above, the current zoning limits the office park use to administrative and general office use. ➢ Amendment to Master Use Permit (UP11-033). An amendment to the Master Use Permit is required to allow medical and research and development uses. As noted above, the current Master Use Permit (UP97-10b) limits the approved land uses to administrative and general office. The amendment would permit a use mix that includes up to 68,068 square feet of medical use in the office park. Further, the amendment to the Master Use Permit is requested to approve the proposed parking reduction for medical use. Amendment to Development Agreement (DA11-001). An amendment to the executed Development Agreement is proposed to incorporate the currently proposed use mix. In addition, other terms are proposed to be amended as they are obsolete or need to reflect current ordinance numbers. ANALYSIS San Rafael General Plan 2020 Consistency: The project has been reviewed for consistency with the San Rafael General Plan 2020. The proposed medical and research and development uses would be consistent with the General Plan goals and policies that are pertinent to the site and use. A summary of the project's consistency with key policies (from the Land Use, Circulation, Neighborhood and Sustainability Elements) is provided as follows: LU -23. Land Use Map and Categories. The San Rafael General Plan 2020 has adopted the Lindaro Office land use designation for the project site. Response: Consistent. The Lindaro Office land use designation permits a variety of land uses including, among others, office and hotel uses that are intended to promote and support employment in Downtown San Rafael. Medical and research and development land uses are commonly found in and around Downtown and would further promote visitors to the area. C-5. Traffic Level of Service. Circulation Element C-5 sets level of service (LOS) standards for local, signalized intersections and arterial segments. A LOS E standard is adopted for Downtown San Rafael. Response: Consistent. A traffic study has been completed finding that the proposed, expanded land uses would not impact or change the LOS conditions at local signalized intersections or along segments of Second and Third Streets, which are arterial streets. NH -38. Lindaro Office District. This policy encourages a mix of compatible land uses for the office park site, and City -sanctioned street closures for festivals, parades, and block parties. Response: Consistent. The proposed project would expand the allowable land uses for the San Rafael Corporate Center, which would encourage increased employment success in Downtown San Rafael. REPORT TOPLANNING COMMISSION -Case Nos: ZC11'002 UP11-O33,DA1i-0Dand IS11-VO2 Page SU -1. Land Use. Sustainability Element Policy SU -1 encourages land U8e3 that increase commercial intensities (e.g., employment) within walking distance of high frequency transit centers and corridors. Consistent. The projectpropouedtobroodenthemixofe||ovvableumaeatthe Corporate Center, which is in immediate proximity and xV8|kiOg distance to the 0etiOi Tr8DSU Center and planned SMART rail station. Zoning Ordinance Consistency: Amendment to PD -1754 District The project site ig SO|e|y nBQU|8Led by the Planned Development (PD -1754) zoning district that is adopted for the @@O Rafael Corporate Cerd8[ The proposed @0RDd0eOt8 to the PD -1754 District would expand the allowable uses atthe project eite; these uses are consistent with the San Rafael General Plan 2O2O. The |8Dd uses and development StGDd8ndG for this zoning district are listed in Exhibit A of the PD -1754 District 0ndiD8DC8. Amendments to Exhibit of this ordinance are proposed (See Attachment 2). which include the following: The expanded land uses (medical and research and d8Vel0p[DenA. 2. Revisions h}the development standards for required on-site parking. The revisions proposed to eliminate the Dl1OiDlUDl parking [eqUineDO8DL Of 3 p@ddnQ spaces per 1'000 SqU8ne feet of gross building area (initially required for Fair, Isaac Company, 8 single -campus tenant), but maintain the 33 parking space per 1.000 square foot standard required for 8 multiple -tenant campus. The proposed parking standard would apply tOall allowable uses. 3. Edits to update iDfOnmghOO such as new permit file nunlberS. updated reference dates and corrected iOfODn8hVD about overall office pad( square footage (bUi|d-oUt814O1.00OSfinstead Of 400.000 sM. Please note that the "Terms" section of Exhibit has been deleted. This section was prepared and adopted prior to the 8XecudOO of the Development Agreement between the City and the property owner, SOthis section iSnow moot. Use Consistency with Zoning AS amended, the proposed [DHdiC8| and research and development |8Dd uses would be consistent with the PD -1754 District. Amendments to the Master Use Permit are proposed and presented in the attached draft resolution (Attachment 3), which include the following: CODdkiOO 1 (pages 3-4 and 3-E) has been revised to list the three allowable |8Od uses. AS nlBdiC@| Use VYOU|d result in the generation of new AK4 and PM p88h hour trips, COOdibOD 1b requires the payment of citywide traffic mitigation fees that would be required for new medical use tenants as the initial square footage 3\|OVY@Dce is filled. This fee vvOU|d be paid as the first medical tenants occupy office Sp8Ce' until the 68.068 square feet Cfmedical use occupancy has been reached. Once the Dl8diCa| use 8||VvvaDCe has been reached, any future change in use from 8Oexisting medical use tOanother medical use, nOtraffic mitigation fees would berequired. 2. Condition 5 (page 3-7) addresses the revisions in the off-street parking to specify a required ratio of 3.3 parking spaces per 1,000 gross square feet of building area. AS @ parking [eduCdOD is proposed for the OUediQ3| use CO0pOOeDt' the condition [eqUi[SS periodic monitoring to ensure that the parking supply exceeds demand. The condition also includes contingencies measures iD the event addition parking is needed to meet demand. 88e separate Sub-S8CiiQA below for an expanded discussion 0fthe parking reduction. REPORT TO PLANN|NGCOMMISSION-Case Nos: ZC11-002,UPI 1-033, DM1-001and IS11'002 Page 3. Condition 7 (page 3-8) addresses the Transportation Systems Management Program (TSM) that was required with the initial approval of the office park. Since then, o T8K8 program has been prepared and approved by the City. Condition 7 has been revised to acknowledge the T-8yW approval. 4. No changes have been made to the other, presently approved Master Use Permit conditions. Other conditions vvh\dl neDlgiD uOCh@Og0J include condition 4 (pages 3-5 and 3-0). Condition 4 requires the property owner to: e\ maintain and provide public ucmaee to the private park area fronting Mahon Creek; and b\ a|{ovv public use of the private park area and 2.500 square feet of conference and meeting room space in Building A (790 Lindano Street) for special events and Parking Reduction Consistent with SRK8C Section 14.18.040B' the City Traffic Engineer has studied the parking needs for the project fiOdiOgth2t[he5-O96pa[hiDgredVCtiOniSjUstified@nd8ppn}phatefO[LhHh]UOwiDgre8soOS: 1. The currently adopted StGDd8nd 0f3.3 parking gp8C8S per 1.000 square feet Ofbuilding area is consistent with the medical use parking StGDd3nd studied and [8CODlDl8Dded by the Institute Of Transportation Engineers /|TE>. The ITE standards are based oncase studies ofdeveloped land uses, and are widely used bylocal agencies and licensed traffic engineers. 2. The 5-096reduction iDthe parking requirement is8nominal amount. Further, such reductions are encouraged when 3 large site is developed and occupied with a mix Of |GDd uses that have different peaks iOparking demand. 3. The approvals and agreements established for the San Rafael Corporate Center require that the existing vveS[e[D parking lot and structure be made @V8i}Gb|e for public use during the evening hours and DDweekends. The parking reduction would not conflict with this agreement in that the peak parking use periods for medical use are during weekdays. 4. The San Rafael Corporate Center is in immediate proximity to the B8ttiDi Transit Center (03SS transit hub for Marin County) and the planned SMART [8i| station. The immediate access to mass transit reduces parking demand, which appropriately supports lower parking standards. Development Agreement The revisions to the Development Ao[8eFDeOt are outlined in the 8ttaChed, draft r8SO|Uti0D(Attachment 4\. The revisions are hOli[8d to iDc0[pO[@tiOO of the expanded land USeG and minor revisions to t8[[OS. Nomajor ch8DgeStOth8DeV8|OpmeDtAoree0eD[8[epnOp0Sed. ENVIRONMENTAL DETERMINATION The iOib8| review and 8ppn3Va| for the San Rafael Corporate Center deV8|VpnleD[ was subject to a lengthy and tBChDiC8| eOvirUDnneDia| review process. AS discussed in the B8Ckon0UOd section of this staff report, in 1998 the Fair, Isaac Final EOVi[000eOt8| Impact Report (FE|R) was prepared /8Dd certified) assessing numerous issues and topic areas associated with the development of this office park, The proposed addition of medical and research and development land uses to the office park requires an amendment to the Planned DeV8|OpnneOt /PD -1754\ District and Development Agreement, which are subject to 8DVinOn0eDta| review. Per California Environmental Quality Act (CE(]A) Guidelines GeCti0OS 15003 (Initial Study), an Initial Study has been prepared finding that the project will not [eSU|t in GDV potentially significant eDVir0DnOeDt8i i0p8CtS. nor r8SU|t in new mitigation 0eaSU[eS based QO the REPORT TO PLANNING COMMISSION -Case Nos: ZC11-002, UP11-033, DA11-001 and IS11-002 Page 8 The project was reviewed against impacts identified and mitigation measures included in the certified 1998 FEIR. The purpose of this review was to determine if the project would result in: new significant impacts; an increase in the severity of impacts; or new or expanded mitigation measures from those analyzed and determined in the 1998 FEIR. This review has concluded that none of the conditions analyzed under the FEIR have changed, nor does the proposed project result in any significant environmental impacts that require new or expanded mitigation measures. In addition, since the 1998 FEIR certification and approval of the project, the US 101 Gap Closure Project (additional travel lanes, HOV lanes, etc. completed by Caltrans) has been completed for the US 101 segments through the Central San Rafael. As a result, the significant, unavoidable traffic conditions for the highway segments have been corrected and these segments now operate at acceptable service levels. Therefore, no new or additional findings of overriding consideration are required to approve the proposed land uses. 2. A traffic study was prepared by the City Traffic Engineer to analyze trip generation and potential impacts on the local intersections. The City Traffic Engineer focused this study on the proposed medical use (68,068 square foot allowance) and did not complete traffic modeling for the proposed research and development use. It was concluded that the introduction of research and development (as defined above) would result in trip generation and distribution similar to or less than the currently approved administrative and general office use; therefore, this use is part of the baseline conditions for study. The traffic study determined that the allowance for up to 68,068 square feet of building area for medical use would generate up to 51 AM and 164 PM peak hour trips. The study modeled the projected traffic finding that the increase in trips would not change the LOS conditions at local, signalized intersections or arterial segments. As discussed above, the medical use would be subject to citywide traffic mitigation fees, which is outlined in the amendments to Master Use Permit UP11-033 (Attachment 3). 3. A quantitative greenhouse gas emissions (GHG) analysis was completed. The analysis concludes that the collective annual emissions from the project fall below the threshold for significant GHG emission impacts established by the Bay Area Air Quality Management District. Consistent with CEQA Guidelines Section 15073, the Initial Study/Negative Declaration was published and made available for a 20 -day public review period. The public review period closes with the closure of the October 25, 2011 Planning Commission public hearing. To date, the City has received no comments on the Initial Study/Negative Declaration. NEIGHBORHOOD MEETING / CORRESPONDENCE No neighborhood meeting was held on this project. A Notice of Public Hearing was mailed to all property owners and occupants within a 400 -foot radius of the subject site, numerous Homeowners Associations, and all other interested parties, 20 calendar days prior to the date of all meetings, including this hearing. (Exhibit 5). To date, no correspondence has been received. s The Planning Commission has the following options: 1. Recommend approval of the applications as recommended. 2. Recommend approval of the applications with certain modifications, changes or additional conditions of approval. REPORT TO PLANNING COMMISSION -Case Nos: ZC11-002, UPI 1 -033, DA11-001 and ISII-002 Page 9 3. Continue the applications for additional information or response to the Commission comments or concerns. 4. Deny the project applications and direct staff to return with a revised resolution. EXHIBITS W:/ ... /San Rafael Corporate Center/srcc.PC Staff Report_10 25 11 ATTACHMENT 7 City Council Public Hearing Notice and Notification List December 5, 2011 Marin Independent Journal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415)382-7335 legals@marinij.com SAN RAFAEL,CITY OF PO BOX 151560/CITY CLERK, DEPT OF PUBLIC WORKS, 1400 FIFTH AVE SAN RAFAEL CA 94915-1560 STATE OF CALIFORNIA County of Marin FILE NO. 0004236350 I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 11/18/2011 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 18th day of November, 2011. J Signature Legal No. 0004236350 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING You are invited to attend the City Council hearing on the following project: PROJECT: 750-790 irndaro Sheet / 781.791 Lincoln Ave (San Rafael Corporate Center) - Request(s) for amendments to the approved Planned Develop- ment (PD -1754) zoning district, Master Use Permit and Development Agreement for the San Rafael Corporate Center, an approved and largely - developed 401,000 square -foot, general and a min- istrative office complex. The amendments propose to expand the allowable uses to include medical use (up to 68,000 square -foot portion of the ap- proved complex), as wen as researcn ano develop- ment use. The request includes a reduction from the required parking for the medical use compo- nent (5-6% reduction for the office park complex). The project proposes no physical changes or im- provements to the approved and largely devel- oped office complex- APN: 013-021-34,35,50,51, 52, 53 54 & 55; Plannea Development (PD -1754) Dis- trict; SR Corporate Center Phase I, LLC, owner/applicant; File No(s): ZC11-002; UP11-003; DA11-001. As required by state law, the project's potential environmental impacts have been assessed. An In- itial Study/Negative Declaration has been pre- pared to assess the impact of the project, which meets the provisions of the California Environmen- tal Quality Act (CEQA). A 20 -day public review and comment period on the adequacy of the Negative Declaration has been observed. Copies of the ini- tial Study/Negative Declaration are available for review at the Community Development Depart- ment. HEARING DATE, Monday, December 5, 2011 at 8-00 P.M. LOS, OCATIN: San Rafael City Hall - City Council Chambers 1400 Fifth Avenue at "D" Street San Rafael, California WHAT WILL HAPPEN: You can comment on the project. The City Council will consider all public testimony and decide whether to approve or deny the project applica- tions. IF YOU CANNOT ATTEND. You can send a letter to the Office of the City Clerk, City of San Rafael, P.O. Box 151560, San Ra- fael, CA 84415-1560. You can also hand deliver it at (415) 485- 5064 or paul4ensenLatyotsanratae6org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to review the proj- ect fife and application materials for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday and Thursday and 8:30 am. to 12:45 p.rrL on Tuesday, Wednesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday before the meeting at http*//www.cityofsanrafael.org/meetings SAN RAFAEL CITY COUNCIL /s/ Esther Beirne Esther Beirne CITY CLERK NO. 1824 Friday, November 18, 2011 I!IlI illinp M I E3 Mam • • r r • • • • • • • • • • • s • • • • • • • • • • • • • • • s • `1 0 W F- Id- d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d cnUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU J J J J J J J J d J J J J J J J d J d J J d J d J W W W W W "I w W" W W W p W W W w U) Lli Q) W W U) W w W d Lydd Zdddd vd-6d 7d-)ddJ 7FDdddd0 <0<<0 -a-)d zO z zd LL LL LL _M LL LL LL LL LL LL LL LL W LL t t LL tL, rY iB W' u U- W' c6 LL m W' tci ccs LL t�rv,w W' LL ry, 03 ry or�' I- a' h I- - tz I tz >-z C:zz czzzz cz cz czzz czzzzz czzzzz cz cz c cz �=d tssdd tisdddd cid cid wddW mddddd mddddd ted ttsd m wd Ucncntntnv�cnttacntt�ttatntt�uacntncn�cr�tntntnc�tt�t�cntr�cncnu5cr�tntntntncncn n J LO W J N i- 0 I- d Cl) Q {- r z z zF- W UJI-(DUQ � uj�O �F- < cory to U) F- cn U) I-�wU)U)Wm0 ��fnz�W��OW�rn WSW �UWU�U)co X www wW -OF-W-j - OOMZ C Wz�_0 �Oh_O °I_~-OiI--�® �F-. v0�-� adddUCY) --c�N— C� ,NN0NWcy)--c�'>�t�mmCCmF-Cq ry W'�a'mNNN CD CDotOtOrytO- O LO(D(0 LOCOC LOryLO 00 0 coO Oo00CD 0 O O C) d" LO c0 Ca cid CO LO N N d' CO � CO C7 (O N C) "zr � It d �t N r N d 00 00 00 N00 d' e0 �- c- n N r 00 CO N CO W CO CO N r-0- 0- Nn N 00 n co CO co Q w w CO a a (D c') c7 a O a N N N N CO M CM CO N N N N N N N N I 0 (D (s7 r r- r- r r r` r- r` r r- r r r r, rr- r- r, r r r r r- r r r r r t`- r- r` r• r r - QN N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 1 i 1 i i f t 7 i i i 1 1 i i i i i 1 i I i t I i i i I m 0 0 C) a 0 ® C) (D 0 (D Ca C) (D C) C) O C) (D (D ® C) C) 0 0 0 (D C) (D C) 0 C} 0 Ci 0 C) C) J J W o dLO °5 cg C15 W p_ Q_ < ry ~ W sl t? 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SRRA / SRCC AGENDA ITEM NO. DATE OF MEETING: December 5, 2011 FROM: Paul Jensen, Director DEPARTMENT: Community Development Departyment DATE: November 28, 2011 TITLE OF DOCUMENT: 750-790 Lindaro Street & 781-791 Lincoln Avenue (San Rafael Corporate Center) Dep*tment Head (signature) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: City Manager (signature) 11.00UWATOM Kiil!1112 INN si � li * " . •.. APPROVED AS TO FORM: L- j '1t� City Attorney (signature) I U