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HomeMy WebLinkAboutCD BioMarin ExpansionCITY OF Agenda Item No: 4.a Meeting Date: October 19, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Department, Planning Division _ � LL Prepared by: PaulnQse' , AICP SK] City Manager Approval: Community Development Director TOPIC: San Rafael Corporate Center New Office Building and Parking Structure Expansion (BioMarin) SUBJECT: 755 Lindaro St and 788 Lincoln Ave (BioMarin at San Rafael Corporate Center - SRCC) — Request for PD Rezoning, Master Use Permit amendment and Environmental and Design Review Permit review of a 54 ft. -tall, 4 story, 72,396 sq ft office builidng on Parcel I of the SRCC and a Phase II, expansion of the recently approved 6 story parking structure at 788 Lincoln to accommodate parking spaces required for total buildout of the project site at 3.3/1000 square feet ratio. No other improvements or program changes are proposed. EXECUTIVE SUMMARY: This proposed project includes development of new structures on Parcel 1 (far west) and Parcel 8 (far - east) of the San Rafael Corporate Center (SRCC). The proposed project includes a new, four-story, 72,396 square foot office building (755 Lindaro Street) on Parcel 1, and a second phase, expansion (LPG2) to the approved (and under construction) parking structure at 788 Lincoln Ave on Parcel 8, with 256 structured stalls and 41 surface stalls. The proposed project also includes an amendment to the PD zoning district that would rescind the medical office use previously approved for the SRCC campus in 2011. The proposed building and parking structure and associated site developments would be designed to be compatible with the architectural character of the current SRCC campus and in compliance with the established design, planning and development goals of the City of San Rafael. The project is designed to meet CalGreen Mandatory Measures plus Tier 1 Voluntary Measures in accordance with San Rafael standards for sustainability and efficiency. The project has undergone environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15063 (Initial Study). On June 30, 2015, the City of San Rafael circulated a Draft Initial Study / Mitigated Negative Declaration (IS/MND) for this project for public review and comment. Issues and topic areas covered and studies included in the Draft IS/MND include the following: Land Use and Planning; Aesthetics; Air Quality; Biological Resources; Geology and Soils; Hazards and Hazardous Materials; Hydrology and Water Quality; Noise; Public Services, Utilities and Service Systems; Transportation/Traffic. The Draft IS/MND concludes that although the proposed project could result in significant impacts on environmental factors including Air Quality, Cultural Resources, Geology and Soils, and Hydrology and Water Quality, it will not result in significant environmental impacts as a result of implementing the recommended mitigation measures to eliminate or reduce impacts to less -than - FOR CITY CLERK ONLY File No.: /o' 4 /0-3 Council Meeting: 101W.201 s' Disposition: IeESo - a i,onu /tto16 a/�cl(tivac� / q3� SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 significant levels. A mitigation monitoring and reporting program (MMRP) has been prepared (see attached Exhibit 1-A) and measures have been incorporated into conditions of approval. In considering approval of this project, the City Council must adopt the resolution certifying the IS/MND (Attachment 2). The project design was reviewed by the Design Review Board (DRB) at three public meetings (once as a conceptual design and twice as a formal application) and received a recommendation for approval with minor modifications. The applicant has incorporated the majority of the recommended modifications into the project plans. On August 25, 2015 the Planning Commission (PC) conducted a public hearing on the project and accepted and considered testimony, including comments received from members of the public. The PC unanimously recommended approval 6-0 (Commissioner Davidson absent) of three Resolutions, recommending approval of the Mitigated Negative Declaration, adoption of the PD Rezoning, and the Master Use Permit and Design Review Permit with revisions to draft recommended conditions. Several Commissioners put forth requested revisions to the conditions to improve connectivity from the project to Second St., including requesting the applicant to provide a pedestrian walkway from the east surface parking lot to Second Street and requesting crosswalk improvements at all intersections bordering the project (subject to DPW approval). Commissioners also asked that landscape improvements to Mahon Creek be incorporated in the landscape plan, including native plantings where appropriate. Lastly, text revisions to Use Permit Conditions of approval were suggested to better specify timing and intent of the parking demand assessment and require that the applicant provide "more robust" Transportation Demand Management (TDM) measures to help reduce single vehicle trips by 15%. 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. Key issues for the project include parking and traffic trip generation, building height and mass, and continuation of public benefits. Draft resolutions and an Ordinance have been prepared (see attached Attachments 1-3) outlining findings that support a recommendation for project approval. RECOMMENDATION: Staff recommends the City Council open a public hearing, take public comment, and take the following actions: 1. Adopt a Resolution adopting a Mitigated Negative Declaration (MND) environmental determination and Mitigation Monitoring and Reporting Program (MMRP) for the BioMarin/SRCC project (ND14-001). Attachment 1 2. Pass an Ordinance to print amending the current Planned Development District (PD 1901), for the BioMarin/SRCC project. (ZC 14-002). Attachment 2 3. Adopt a Resolution approving an amended Master Use Permit (UP14-052) and Environmental and Design Review Permit (ED 14-097), for the BioMarin/SRCC project. Attachment 3 BACKGROUND: More detailed Background and Project Description discussion can be found in the attached August 25, 2015 Planning Commission (PC) staff report, (Attachment 5). The PC meeting can also be viewed on the Meeting Agendas & Videos page, online at: http://www.cityofsanrafael.org/meetings/, by selecting the August 25, 2015 meeting date link under the Archived Videos section. Referenced application material exhibits are also included within Mitigated 'Negative Declaration (MND) SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 attachments, also online at: http://www.cityofsanrafael.ora/commdev-planning-proi-biomarin/. Select the documents under the Draft Initial Study/Mitigated Negative Declaration heading in the bottom of the center webpage column. Project Plans are also located on this webpage, under the BioMarin Formal Application Plans heading at the bottom of the page. Site Description/Setting: The project 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. Immediately west of the site is a PG & E substation and a multiple -family residential development (Albert Lofts). Lincoln Avenue and Lindaro Street (collector streets) intersect the project site in a north -south direction, splitting the 15.5 -acre property into three large parcels. See attached Vicinity/Site Map in attached PD Ordinance (Attachment 2, Exhibit B). 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 lot and structure east of Lincoln Avenue). The proposed 755 Lindaro Street office building site, Parcel 1 of the SRCC, consists of approximately 2.66 -acres and is relatively flat with a base elevation of 10' NAVD 88. The 755 Lindaro Street site is currently a surface parking lot that serves the greater San Rafael Corporate Center as well as public events, most notably parking for the San Rafael Pacifics baseball team. The LPG2 parking structure site, Parcel 8, is currently under construction as the 788 Lincoln Parking Garage Phase 1. The first phase of the parking structure will cover approximately 60% of the northern portion of the project site. History: In February 1998, the San Rafael City Council adopted a Planned Development District (PD -1721) and approved Resolution No: 10025 for Environmental and Design Review Permit, Tentative Map and Master Use Permit (UP97-10) for the 406,000 sq. ft. SRCC Development (for Fair, Issac) on the 15+ acre site. The complex was designed to accommodate 1,300 employees at build -out. The project design, as modified by conditions of approval, was deemed consistent with all applicable site, architectural and landscaping design criteria and guidelines of the San Rafael Zoning Ordinance. Three of five approved buildings and one of the two approved parking garages were built in the early 2000's. The remaining two buildings and one parking garage were just recently built or are currently under construction. In 2000, amendments were made to the original Master Use Permit (UP97-10) and zoning district development standards (PD 1721) in order to accommodate multi -tenant use of the office park and to modify public use requirements. The Master Use Permit UP97-10 (UP97-10b) and PD Zoning (PD 1754) were modified again in 2011 to allow a portion of the campus to be used for medical and research and development office use (UP11- 033). The principle amendment to the Use Permit was an allowance for up to 68,068 square feet of medical office space out of the approved 401,000 square feet of the office park. This action also included a modification of parking requirements for medical office use, from 4.4 spaces per 1,000 gross square feet of building area to the currently adopted 3.3 space per 1,000 gross square feet of building area. This amendment was approved but the medical office use was never realized. Furthermore, the traffic trip analysis for the medical office use constitutes the baseline data for the current office use trip generation. This issue is discussed in the analysis section below. 3 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Initial and Subsequent Environmental Review: The San Rafael Corporate Center office park was subject to extensive environmental review. Prior to the 1998 action, a comprehensive Environmental Impact Report (EIR) was prepared and ultimately certified by the City (Fair, Isaac Office Park Project Final Environmental Impact Report) in 1998. The 1998 FEIR provided the following conclusions: The office park development would result in three significant, unavoidable adverse environmental impacts to US101 traffic travel through Central San Rafael. Specifically, the office park project would impact: a) 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; and b) northbound traffic during the PM peak along the US101 segment between 1-580 and the Central San Rafael exit. At the time, all three highway segments operated at capacity (LOS E/F conditions). In order to approve the office park project, the City was required to make "findings of overriding consideration," meaning that the community benefits of the project were weighed against the significant, unavoidable traffic impacts. 2. The office park development would result in a number of potentially significant environmental impacts associated with aesthetics, geology/soils, hydrology/water quality, transportation/traffic, parking, noise, biological resources, air quality, and hazardous materials. The FEIR recommended specific mitigation measures to reduce or eliminate these impacts, which were memorialized in the approval of a Mitigation Monitoring and Reporting Program (MMRP) and required as conditions of project approval. Nearly all of the mitigation measures are linked to site development, so most have been implemented. Initial Project Public Benefits: The original 1998 City action approving the San Rafael Corporate Center included the approval and execution of a Development Agreement, a height bonus for one of the buildings, as well as three significant unavoidable environmental impacts. As part of the consideration of these, the City and Fair, Issac negotiated certain public benefits to off -set the City's consideration of the Development Agreement and the height bonus and environmental impacts, and ultimately agreed upon requirements and obligations of the developer for public benefits/public use: ➢ A publicly -accessible park and trail along the southern edge of the office campus abutting Mahon Creek. This area is open to the public from dawn to dusk. ➢ Public use of ground level conference rooms and outdoor park area for meetings and events. Rules and regulations documenting the hours of usage and terms for reserving these areas are included (Attachment 5, Exhibit 10). ➢ Public parking use of the western surface parking lot west of the Lindaro Street garage (a portion of which is the site of the proposed new building) during evening hours and weekends. Property Facts: Address/Location: 750-790 Lindaro Street, Parcel Number(s): 013-021-34, 35, 39, 50, 51, 1 781-791 Lincoln 52, 53, 54 & 55 Property Size: 115.54 acres I Neighborhood: I Downtown Site Characteristics General Plan Designation Zoning Designation Existing Land -Use Project Site: Lindaro Office PD -1901 District Office Park North: Second/Third Mixed Use 2/3 MUE District Commercial Ell SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 South: Park P/OS District Mahon Creek East: Park Industrial P/OS District I District Albert Park Industrial West: Second/Third Mixed Use 2/3 MUE District Residential Albert Lofts Current Project Description: The SRCC/BioMarin rezoning and land use entitlement amendments project being presented to the City Council for action consists of the following specific activities or actions: 1. A new 72,396 sq. ft. office building on Parcel 1 (755 Lindaro Street). Construction includes the removal of 64 surface parking spaces on Parcel 1). 2. Elimination of the previously allowed medical office use on the campus and use of the entire campus for general office and research and development in six structures, totaling 473,096 sq. ft. 3. Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000 sq. ft. of gross building area through the construction of an expansion to the currently under construction six story parking structure at 788 Lincoln Avenue to accommodate an additional 297 parking spaces (256 covered parking spaces and 41 surface parking spaces. 15 surface spaces will be held in a parking reserve). The applicant has submitted a letter to the Council, explaining the project and the process that has occurred to date (Attachment 4). ANALYSIS: As noted in the detailed analysis provided in the August 25, 2015 report to the Planning Commission (Attachment 5, pages 91-96 of this report), the project would result in the following appropriate updates to the SRCC: San Rafael General Plan 2020 Consistency: The proposed office and parking uses would be consistent with the General Plan goals and policies that are pertinent to the site and use. The site is designated as "Lindaro Office" on the General Plan 2020 Land Use Map, and general office and parking are allowable uses within this designation. The Lindaro Office General Plan designation would allow up to a 0.75 FAR and with the proposed new office building, the site would host a total FAR of 0.70, within the maximum allowance. Based on review, the proposed project would be consistent with all applicable General Plan policies in the Land Use, Neighborhoods, Circulation and Sustainability Elements. A summary of the project's consistency with key policies (from the Land Use, Circulation, Neighborhood and Sustainability Elements) is provided in the August 25, 2015 report to the Planning Commission. A General Plan consistency table is also attached (Attachment 5, Exhibit 8) Zoning Ordinance Consistency: Planned Development (PD1 901) District Amendment The project site is currently regulated by the Planned Development (PD -1901) zoning district that is adopted for the San Rafael Corporate Center. The site was established with the PD zoning as part of the original approval of the San Rafael Corporate Center Master Plan. That PD approved the development of the existing development on the site, five office buildings and two parking structures. In 2012, the PD was amended to PD -1901 allow a certain amount of the office space to be used as medical office; however, that never came to reality, but is still in effect. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 The proposed amendments to the PD -1901 District would expand the allowable uses and amount of development approved at the project site to include the additional 72,396 sq. ft. office building and expansion to the parking structure to accommodate the required parking for the additional office building. The amount of intensity proposed by the _ amendment to the PD is consistent with the maximum allowable intensity allowed by the San Rafael General Plan 2020. The proposed project will result in a final FAR of 0.70 (473,096 sq. ft.) which is lower than the floor area ratio allowed for this area (0.75 FAR). The proposed structures are also consistent with the maximum 54 ft. height limit established by the General Plan and current PD zoning. Environmental and Design Review Permit The proposed 755 Lindaro Street office building and the addition to the under construction parking structure would expand the overall mass and scale of the SRCC. Both structures have been designed to fit their respective sites and continue a design aesthetic and massing that is consistent with other buildings throughout the SRCC. Although the new 755 Lindaro Street building is designed based on the limitations of existing easements overlain on the subject property, the building's overall design aesthetic is consistent with other buildings in the SRCC. The Design Review Board approved the design contingent on minor design adjustments (see DRB discussion below) and requested that the Applicant investigate redesigning window proportions on upper floors to produce a more harmonious fagade and also redesign expansion joints so that the elevations are more symmetrical. The DRB also asked that the Applicant redesign the portico/cornice option proposed for the parking garage expansion entrance. The DRB reviewed and recommended approval by the PC that the site plan, architecture, colors, materials, landscaping and other site design features are appropriate for the site and its surroundings. The design of the parking structure and new office building were evaluated in the IS/MND and it was determined that the proposed project would not block significant views and is consistent with mass and scale and within the maximum height and intensity established by the General Plan for this site. At the August 25, 2015 PC hearing, the Commission agreed with comments made by the DRB and found that the site plan, architecture, colors, materials, landscaping and other site design features are appropriate for the site and its surroundings. The findings, approving the proposed project, can be found in the Resolution (Attachment 3) Master Use Permit The site currently operates under a Master Use Permit (UP11-033), which regulates the types of allowable uses and administrative functions for the SRCC and is designed to regulate multi -use and multi -tenant projects in a coordinated, consolidated manner in a stable and desirable character which will benefit the occupants, the neighborhood, and the city as a whole. Currently, the Master Use Permit allows for general office use, medical and research and development uses. As amended, the Use Permit proposes to eliminate the allowance for medical office use and the previously approved parking reduction and establish that the entire campus is to be used as general office or research and development. As previously amended, the Use Permit requires a parking ratio of 3.3 parking spaces per 1,000 sq. ft. of gross office building areas for the entire SRCC. Although medical office would no longer be allowed within the SRCC, the proposed parking structure addition will continue this parking ratio. The proposed project is amending the existing Master Use Permit by removing the previously entitled and approved medical office use. Although approved, medical office was never constructed within the SRCC. The 2011 amendment also included a traffic study to understand the traffic related impacts of medical office use. Medical office generates more daily trips but less peak AM and peak PM trips (see Environmental Review discussion below). As such, the conversion of medical office to general office no SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 would not result in additional traffic trips or congestion and has been determined to not have any environmental impacts due to the addition of new office space. As discussed in the project description section above, the proposed project will not alter the requirements of the existing public benefit requirements. Although the 755 Lindaro Street office building will require removal of 64 parking spaces, the Applicant is replacing the required parking as a component of the parking structure expansion. However, the 64 spaces required for removal on the western lot also represent 64 spaces allocated for public after-hours usage as required by the existing PD Zoning and Master Use Permit. As proposed, the Applicant will allocate these 64 spaces throughout the surface parking lots in the SRCC, including the east surface lot, and the two internal lots (used for visitor parking during the day). This will require an amendment to the original condition of approval #6 to UP97-10 for public use of the western surface parking lot. The Applicant has not proposed a change to the existing Public Benefit requirements from the initial Development Agreement and approvals. This includes access to the public parking, access to the park area and use of the 2,500 square foot conference room in 750 Lindaro St. As such, the requirements included in the Conditions of Approval 4.g of UP11-033 (Attachment 3, pages 57-58 of this report) require 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 and regulations are included (Attachment 5, Exhibit 10, pages 133-147 of this report) and require the conference rooms to be available to the public for the same hours prescribed in this document. Throughout this project, there have been numerous questions and comments posed from the public, the Design Review Board, and Planning Commission requesting that the City require additional public benefits in exchange for allowing this proposed development. Ideas mentioned have been requiring a more robust Transportation Demand Management (TDM) plan and requiring BioMarin to set aside a certain number of the parking spaces in the parking garage for public use. It should be noted that a TDM is required by policy of the General Plan but public requests have called for more substantial components, such as performance standards, to be required in the final TDM. It is also important to note that as proposed, the City does not currently have the authority to require additional public benefits. In the original approval, the applicant had requested certain items that required special consideration, such as a Development Agreement (which would vest the approval for 15 years, where typically an approval would only be valid for 2 years), a height bonus (to allow building height in excess of that allowed by the General Plan) and significant, unavoidable impacts identified through the EIR. These requests provided the City the ability to negotiate improvements and public benefits. In this current proposal, the project does not request a Development Agreement, height bonus and the environmental review did not find any significant, unavoidable impacts, therefore the City is not able to require public benefits or other improvements without a nexus. ENVIRONMENTAL REVIEW: The project has undergone environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15063 (Initial Study). On June 30, 2015, the City of San Rafael circulated a Draft Initial Study / Mitigated Negative Declaration (IS/MND) for this project for public review and comment. Issues and topic areas covered and studies included in the Draft IS/MND include the following: Land Use and Planning; Aesthetics; Air Quality; Biological Resources; Geology and Soils; Hazards and Hazardous Materials; Hydrology and Water Quality; Noise; Public Services, Utilities and Service Systems; Transportation/Traffic. A mitigation monitoring and reporting program (MMRP) has been prepared (see attached Attachment 2) and measures have been incorporated into conditions of approval. A copy of the June 30, 2015 transmittal memorandum, summarizing the MND, is provided as Attachment 9. Only SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 one substantive comment was received during the public review period: CalTrans requested updates and responses to questions specific to data collection and traffic forecasting. The applicant's traffic consultant has prepared a response memo which is provided as Attachment 7. The Planning Commission reviewed and recommended adoption of the MND and MMRP to address identified potential impacts on Air Quality, Cultural Resources, Geology and Soils, and Hydrology and Water Quality. More detailed discussion of the environmental impacts can be found on pages 15 and 16 of the August 25, 2015 PC staff report. No significant environmental impacts would occur through implementation of recommended mitigation measures or through compliance with existing Municipal Code requirements or City standards. A draft resolution to adopt the MND and MMRP is provided as Attachment 1. DESIGN REVIEW BOARD RECOMMENDATION: As required for all Planning Commission -level permits, the proposed project was reviewed by the Design Review Board for site design, bulk/mass, architecture, color and materials, landscaping, and other site improvements and recommendations were forwarded to the Planning Commission. The detailed discussion of the DRB review can be found on pages 15 and 16 in the August 25, 2015 report to the Planning Commission. The DRB reviewed the project three times, one conceptual, on September 16, 2014, and two formal hearings, May 19, 2015 and June 16, 2015. Following the conceptual DRB review, the applicant resubmitted a revised project plan set in November 2014, and again on June 2, 2015 after the first formal review and comment from the DRB. On June 16, 2015 the DRB (Commission Liaison Schaefer) provided Final Review of the revised project. In general, the Board was pleased with the overall project in terms of design, mass and scale. The DRB voted to approve the design as proposed, but suggested a few minor requests with regards to details on both the office building and parking garage components of the project, but recommended via a 5-0 vote, the approval of the project to the Planning Commission conditioned on the consensus revisions be made. PLANNING COMMISSION RECOMMENDATION: On August 25, 2015, the Planning Commission considered the project ultimately recommended adoption of the Mitigated Negative Declaration, adoption of the PD Rezoning, and approval of the project with minor changes to conditions of approval related to pedestrian connectivity on and off-site, landscape improvements to Mahon Creek and more specificity regarding TDM measures and parking demand assessments. Much of the discussion focused on requesting shared parking and other public benefits to be provided by the applicant, including providing pedestrian access through the site and offering public parking in the new garage. After the comment and discussion period was closed the Commission deliberated and was split in their direction, with half the Commissioners wanting the project to come back to them to address certain comments, while the other half wanting the project to move forward to the Council and having staff address the Commission's comments with the applicant or incorporate them as conditions of approval. After further discussion and questions, the Commission ultimately concluded that the outstanding recommendations could be addressed by staff or incorporated as conditions of approval. As such, the Commission unanimously adopted three Resolutions, recommending approval of the project to the City Council. Those documents have been incorporated into the Draft Council Resolutions and Ordinance as Attachment 1-3. The applicant has provided a response to these consensus items included as Attachment 4. The consensus items that were noted to be addressed by staff include: Transportation Demand Management (TDM) improvements: The Commission requested that the applicant propose concepts in the TDM that can be evaluated, including more robust SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9 measures to provide quantifiable analysis (e.g. performance standards), such as ride shares, transit vouchers, and more importantly, providing a vehicle trip reduction percentage that can be monitored. The TDM presented to the Commission is included as Attachment 5, Exhibit 7. The Commission also requested that, although the City is not able to require it, the applicant should include a goal of a 15% reduction in vehicular trips. The conditions of approval have been revised to reflect this request and the TDM will be required to be updated to include more robust TDM measures. Subsequently, the applicant has submitted a revised and more robust TDM, as requested by the Commission, and is included as part of Attachment 4. A final TDM is required to be submitted prior to occupancy of the new building. Enhancements to Mahon Creek: Several members of the Commission as well as some members of the public were interested in BioMarin providing more enhancements to the west side of Mahon Creek, along the backside of the garage, between Second St. and Lincoln Ave. Although there is a 25 -foot, development -free setback from the top of creek prohibiting structures and paving (required by the Conservation Element of the General Plan for creek bank setbacks), native landscaping is allowed per the 1998 entitlements for the SRCC campus. The applicant agreed to explore revising the landscape plan to incorporate more native planting areas in the setback and the conditions of approval have been revised accordingly. A revised plan has been presented to illustrate that the 25 -ft. setback area would be revised from what was shown to the Commission to provide additional native landscaping, including species that are consistent with the Mahon Creek Master Plan. This includes a meandering three foot (T) wide pedestrian path comprised of decomposed granite (or similar) and associated native plantings such as coyote bush, California fescue, gray rush and small shrubs like coffee berry and flowering currant. A new condition of approval has been added (Design Review Permit condition #17, to require the landscape plan be updated prior to issuance of the building permit, to include the concepts illustrated in the revised landscape plan. Pedestrian connectivity to Second St. through the eastern parcel: The Commission requested that the sidewalk behind the garage expansion be extended so that a continuous pedestrian path would connect Second St. to the Lincoln Ave, along the back side of the Lincoln Ave garage. Subsequent discussions, and a site visit, with members of Sustainable San Rafael, the Marin Conservation League and the Gerstle Park Neighborhood Association, resulted in a revised configuration to the planned surface parking on the eastern lot. In order to provide native landscaping and a pedestrian path from Lincoln Avenue to Second St. along the western edge of Mahon Creek, the applicant will hold the 15 spaces on the eastern side of the surface parking lot as a parking reserve (See Landscape Plan portion of the project plans). As such, the applicant will incorporate a decomposed granite pedestrian path and associated native landscaping outside of the 25 -ft Mahon Creek setback (from top of bank setback). This connection will be implemented prior to construction of the garage expansion. However, as part of the applicant's parking demand assessment for overall campus parking supply, the 15 space reserve will be assessed as part of the overall demand, for both the private use of the BioMarin/SRCC campus, and for the public need for after hours and weekend usage. If it is determined that these parking spaces are required for overall campus need, the applicant will replace the pedestrian path and landscaped areas (outside the 25' top of bank setback) with the required parking spaces and also a dedicated sidewalk to continue the connection from Lincoln to Second. The 15 parking spaces may need to be "compact" or sub -standard spaces in order to allow for a dedicated sidewalk. In the future, (as defined in the conditions at intervals of two and five years) if the parking demand study demonstrates a need for the 15 spaces that are in reserve, the applicant has developed a plan that demonstrates that the 15 parking spaces can be installed along with a path and low fence. The path (decomposed granite material) and a low, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10 4 ft. tall black vinyl fence can be placed either outside of the 25 -ft setback or slightly within the setback, and still be consistent with the General Plan policy related to creek setback. The applicant has agreed to revise the landscape plan and has included a new exhibit as part of the staff report (see Attachment 8). The timing and construction of the parking reserve and landscape treatments are included as a new Master Use Permit Condition of Approval #9 (Attachment 3, pages 53-54 of this report) Upgraded Crosswalks: The Commission was concerned that the additional building would generate more employees of BioMarin travelling off-site during business hours and should be protected via enhanced crosswalks. The Commission asked the applicant to improve all crosswalks at intersections surrounding the SRCC campus to be of a high visibility form (ie ladder crosswalk) and this is included as a condition of approval (Design Review Permit condition # 15) (Attachment 3, pages 56 of this report) and is being evaluated by the Department of Public Works. The likely outcome would be restriping the crosswalk to be more visible, using a "continental" or "ladder" high visibility crosswalk pattern. Public Works is still reviewing the matter and their recommendation will be provided to the Council once available. Signage of surface parking areas both on and off-site: Due to the replacement of surface parking spaces throughout the SRCC, the Commission was concerned that public looking for the on-site after hours public parking in the surface lots (required as part of the original approval) would not have a good understanding of where spaces are located. Although there is an existing condition requiring appropriate signage for the western surface parking lot, a revised condition of approval has been included in the resolution requiring updated on and off-site signage as allowed per the Department of Public Works. (Design Review Permit condition # 16 — Attachment 3, page 56 of this report). Public Works is still reviewing the matter and their recommendation on whether it is appropriate to install such off-site signs will be provided to the Council once available. Revise Use Permit Condition of Approval 20: This condition relates to the requirement for a parking study once the new building is built. The Commission asked that Condition of Approval 20 be revised to have specific language for conducting parking demands as well as how that information can be conveyed to the City. The Commission ultimately understood that the City does not have the ability to require that the applicant reserve parking in the new garage for public use, as there is no nexus. However, the Commission asked to clarify this condition to state that a parking study document the actual use of all parking on the campus at intervals of two and five years after occupancy of the new building. If there is excess parking supply, the report will be used as a starting point for BioMarin to meet with the City, SMART or other public agencies to see if there is any desire to rent some of the BioMarin's parking spaces for public use. The revised condition of approval is included in the resolution. (Master Use Permit condition # 8 — Attachment 3, page 53 of this report) PUBLIC NOTICING AND OUTREACH: Notice of the project has been provided by posting, mail, distribution and publication in the newspaper in accordance with the noticing requirements contained in Chapter 14.29 of the City of San Rafael Municipal code and in accordance with the CEQA Guidelines for this City Council meeting and prior to the August 25, 2015 Planning Commission hearing. The public noticing for the Planning Commission meeting provided 55 days for public review and comment, greatly exceeding the 30 days required by CEQA. One comment was received on the MND, as noted above. A copy of the public hearing notice for the City Council meeting is attached as Attachment 9. Public notice for this public hearing before the 10 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11 Council was mailed to residents, occupants, businesses within 300 feet of the site, other interested parties and all neighborhood associations, 15 days in advance of this meeting. In addition, a public hearing advertisement was published in the Marin IJ on Saturday, October 3rd. Lastly, public hearing notice boards were posted at the site, 15 days in advance of this hearing In general, public comment has been focused on the public benefits provided by the applicant as part of the project. Specifically, community members have been interested in access through the site and opportunities for further public parking inside the new garages. The applicant has responded to most public comments, and has provided design revisions where appropriate, including, adding a pedestrian walkway behind the parking structure, and agreeing to upgrade off-site intersection crosswalks. The applicant has not agreed to public parking in the garage due in most part to security and management of the facility as a private entity. However, as noted, the applicant is willing to address parking demand through the parking assessment and will engage the City with alternatives if warranted through their survey efforts. Comments received prior to the Planning Commission hearing are included in the Commission report (Attachment 5, Exhibit 12, pages 149-161 of this report). Correspondence received since the August 25, 2015 PC meeting has largely focused on the pedestrian access and landscaping plan behind the parking garage and addition on the eastern parcel (Parcel 8). The City has recently received two letters. First, a comment from a tenant of the San Rafael Corporate Center expressing concern that non-BioMarin employee parking privileges are being revoked and second a letter from Sustainable San Rafael, expressing support for the recent changes made by the applicant related to the TDM and public access behind the parking structure. These comments are included as Attachment 9. FISCAL IMPACT: This project is a private development and does not have a negative impact on the City budget given that the planning review and processing of these applications are subject to 100% cost recovery fees, paid for by the applicant. Furthermore, new traffic improvement and affordable housing impact fees would be triggered from the development in addition to building permit fees. Lastly, the additional development on this site would generate an increase to local property tax revenues, which would fund/offset costs of providing additional public services to the site occupants. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt resolutions to adopt the Mitigated Negative Declaration, approve the Zoning Entitlements (Use Permit and Design Review) and pass the PD Ordinance to Print. 2. Adopt the resolutions and pass the ordinance to print with modifications. 3. Direct staff to return with more information. 4. Refer the resolutions and/or ordinance to the Planning Commission for consideration of further revisions. RECOMMENDED ACTION: 1. Adopt a Mitigated Negative Declaration for the SRCC BioMarin project. 2. Pass PD Rezoning Ordinance to Print. 3. Adopt a Resolution approving the SRCC BioMarin project Master Use Permit amendment and Design Review entitlements.