f12bc877-4.a-770-lindaro-street-999-3rd-street-biomarin-san-rafael-campus

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 4.a
Meeting Date: May 4, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Micah Hinkle, Director
Sean Kennings, Contract Planner
City Manager Approval: ______________
TOPIC: 770 LINDARO STREET / 999 3RD STREET (BIOMARIN SAN RAFAEL CAMPUS) SUBJECT: INTRODUCTION OF AN ORDINANCE ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA26-001) BETWEEN THE CITY AND CALIFORNIA CORPORATE CENTER ACQUISITION, LLC (ORDINANCE NO. 1982) TO REMOVE

REQUIREMTNS FOR PARK AND CONFERENCE ROOM ACCCESS AND AUXILIARY PARKING FOR GENERAL PUBLIC (APN 013-021-34, 35, 50, 51, 52, 53, 54 & 55):

CEQA DETERMINATION: EXEMPT PURSUANT TO 15061(b)(3)
RECOMMENDATION:

Staff recommends that the City Council introduce the Ordinance (Attachment A) approving the First Amendment to the Development Agreement (Exhibit 1 to Attachment A), waiver further reading and refer to it by title only.

BACKGROUND: The City of San Rafael and BioMarin (California Corporate Center Acquisition, LLC, a Delaware limited liability company) entered into a Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (Ordinance 1982) (the "Agreement") that permits the phased development and expansion of the San Rafael Corporate Center (SRCC) located at 770 Lindaro Street and the 999 3rd Street property with laboratory/research and development buildings, vesting these approvals for 10 years. BioMarin Pharmaceutical Inc. (BioMarin) is the parent company of CCCA.

The proposed amendment to the Agreement removes certain public access and parking requirements that are no longer operationally feasible or necessary. Specifically, the Amendment would eliminate: (1) the requirement for public access to the Mahon Creek Park area on the main campus (Agreement Section

5.2); (2) the requirement for public access to conference facilities (Agreement Section 5.3); and (3) the obligation to provide temporary public parking and ancillary uses at the 999 3rd Street property (Agreement Section 4.9). The draft First Amendment to the Agreement is attached hereto as Exhibit 1 to Attachment A (the "Amendment").

At its meeting on April 14, 2026, the Planning Commission reviewed the proposed amendments and voted 5-0 to recommend that the City Council approve the First Amendment to the Development.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Public Benefits Completed to Date:

CCCA has completed substantial public benefits under the Agreement, including:
• Northwestern Portion Donation: Donated to Whistlestop as part of land swap resulting in $1,200,000 donation. COMPLETED in 2021
• Soil Remediation: Completed second phase of soil remediation under DTSC's Voluntary Cleanup Program, with over $2,000,000 in out-of-pocket costs and total remediation costs exceeding $16,000,000. COMPLETED in 2021
• Traffic Light Synchronization Contribution: Contributed $500,000 toward synchronization of traffic lights along 2nd and 3rd Street corridors. COMPLETED in 2024 • Shuttle Service Contribution: Contributed $400,000 for first mile/last mile shuttle service or other traffic improvements. COMPLETED in 2024
• Pedestrian Safety Restriping: Improved pedestrian safety with restriping at corner of Lindaro Street and 3rd Street. COMPLETED in 2023
• Donation of Lease to Whistlestop: Donated leaseback of 930 Tamalpais Avenue for three years, valued at approximately $256,000. COMPLETED in 2023
ANALYSIS:

The Project is an amendment to the existing Agreement approved in 2020. The 2020 Project approvals and Agreement were determined to be compliant with all relevant policies of the General Plan 2040 and the San Rafael Municipal Code. The current amendment request does not alter the development intensity or project characteristics and is only modifying the requirements in the Development Agreement based on satisfying past and future obligations.

Requirements Being Removed by Proposed Amendment:

1. Park Area Public Access: Removal of requirement for publicly-accessible Mahon Creek Park located south of office campus to be open dawn to dusk (Agreement Section 5.2).

2. Conference Facility Public Access: Removal of requirement to provide 2,500 square foot publicly accessible conference facility after business hours (Agreement Section 5.3).

3. Temporary Public Parking at 999 3rd Street: Removal of requirement to allow City to utilize up to 70% of 999 3rd Street surface area for public parking and ancillary uses until construction commencement (Agreement Section 4.9).

Rationale for Amendment:

The City and BioMarin have determined that the requirements being removed are no longer operationally feasible or necessary:
• Park Area: Security and operational concerns at the active laboratory campus make public access to interior park areas impractical while maintaining campus security protocols. • Conference Facility: Limited public utilization and scheduling conflicts with laboratory operations, combined with availability of other public meeting spaces downtown. • 999 3rd Street Parking: City no longer has a need for utilizing the property and would like to return control to BioMarin.

Public Benefits That Continue Under the Amendment:
• Retail Space: Approximately 3,500 square feet of retail space open to public during business hours.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
• Public Plaza: Approximately 6,000 square feet landscaped plaza "Front Porch" at corner of 3rd Street and Lindaro Street, open to public from dawn to dusk. • Bike Lane Striping: Addition of Class II Bike lane on Lindaro Street from 3rd Street to Anderson Drive (obligation commences in 2026).
• Public Parking on Nights and Weekends: Continued availability of western surface parking lot and garage during evening and weekend hours.

ENVIRONMENTAL DETERMINATION:

As required by the California Environmental Quality Act (CEQA), the proposed Amendment has been reviewed to determine if it is subject to environmental review. In 2020, the City certified the Final Environmental Impact Report for the BioMarin and Whistlestop/Eden Housing Project (SCH No. 2019029046) (the "EIR"). The proposed Amendment is not modifying the overall benefits provided by BioMarin as part of the 2020 approvals and would not result in any new or increased impacts.

The Amendment is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed Amendment involves removal of public access and parking requirements within an existing Development Agreement for a previously-approved and environmentally-reviewed project.

The Amendment does not authorize any new development, changes to building envelopes, or increases in density or intensity beyond what was previously approved and analyzed in the Final EIR.

COMMUNITY OUTREACH:

Notice of hearing for the proposed Amendment has been conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance and Government Code Section 65867.

A Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site, neighborhood groups (Federation of San Rafael Neighborhoods and Gerstle Park Neighborhood), and all other interested parties, 15 calendar days prior to the date of this hearing. Public notice was also posted on the project site along both 2nd and 3rd Street frontages 15 calendar days prior to the hearing date.

One comment was received from the Toastmasters of Marin regarding the loss of available meeting spaces (Attachment B). City staff subsequently provided Toastmasters with a list of public and private meeting spaces in San Rafael.

FISCAL IMPACT:

There is no fiscal impact associated with this action. BioMarin is one of the largest private employers in San Rafael and the downtown area. Amending the Development Agreement will support BioMarin as a successful business and vital employer for the greater San Rafael community.

OPTIONS:

1. Introduce the Ordinance approving the Development Agreement Amendment as presented (staff recommendation)

2. Introduce the Ordinance with certain modifications or additional conditions

3. Do not adopt the Ordinance and direct staff to return with findings supporting denial

4. Continue the item and request additional information or analysis SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
RECOMMENDED ACTION:

Staff recommends that the City Council introduce the Ordinance (Attachment A) approving the First Amendment to the Development Agreement (Exhibit 1 to Attachment A).

ATTACHMENTS:

1. City Council Ordinance approving the First Amendment to the Development Agreement Exhibit 1 - Draft First Amendment

2. Public Comment from Toastmasters of Marin

3. Planning Commission Resolution (April 14, 2026)
4902-1445-3150 v1 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA26-001) BETWEEN THE CITY AND CALIFORNIA CORPORATE CENTER ACQUISITION, LLC (ORDINANCE NO. 1982) TO

REMOVE REQUIREMENTS FOR PARK AND CONFERENCE ROOM ACCESS AND AUXILIARY PARKING FOR THE GENERAL PUBLIC (APN 013-021-34, 35, 50, 51, 52, 53, 54 & 55)
WHEREAS, in February 1998, the San Rafael City Council adopted a Planned Development Zoning 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 “Fair Issac DA”), the initial project developer, who was planning to be the single tenant for the office park. The Fair Issac DA included specific terms, conditions and requirements agreed to by both the City and Fair Isaac for a 10-year build-out of the “San Rafael Corporate Center” office park; and WHEREAS, in August 2000, the City Council adopted Ordinance No. 1755, approving the first amendment to the Fair Issac DA to approve changes in the property ownership (Equity Office) and to the development standards in order to accommodate multi-tenant use of the San Rafael Corporate Center. Since 2000, the office park ownership has changed and subsequent amendments to the Fair Issac DA were adopted to reflect the ownership changes; and WHEREAS, in December 2011, the City Council adopted Ordinance No. 1902, approving a second amendment to the Fair Issac DA for the San Rafael Corporate Center to expand the allowable land uses to include medical office and research and development; and WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin), in conjunction with Whistlestop/Eden Housing, submitted project applications to the City of San Rafael Community Development Department for a General Plan Amendment (GPA18-001), Zoning Text Amendment (ZO18-003), Planned Development (PD) Amendment (ZC18-002), Master Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087), Development Agreement (DA19-001), Small Subdivision (S18-001), and Sign Program Amendment (SP18-18- 006) for the development of two 72-foot tall, four-story laboratory/research and development buildings, totaling 207,000 sq. ft., and a 67-unit, 70-foot tall, six-story senior center and affordable senior housing building on a 133,099 sq. ft. parcel at 999 3rd Street (the “Project”); and WHEREAS, the Development Agreement was requested by BioMarin to establish a 10- year time frame for the approvals and to freeze the development application and impact fees for a period of 10 years for the BioMarin component of the Project; and BioMarin has offered the City a series of public benefits as consideration for the Development Agreement; and WHEREAS, on January 28, 2020, the Planning Commission adopted Resolution No. 20- 06, recommending to the City Council approval of the proposed Development Agreement, with one modification, to not eliminate a condition of approval, previously imposed on the 755 Lindaro/Lincoln Garage expansion, requiring the creation of a pedestrian connection to SMART on the backside of the Lincoln Avenue garage, along the west side of Mahon Creek; and WHEREAS, the City of San Rafael and California Corporate Center Acquisition, LLC (CCCA) entered into a Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (Ordinance 1982) (the “Agreement”) that permits the phased development and expansion of the 4902-1445-3150 v1 2
San Rafael Corporate Center (SRCC) located at 770 Lindaro Street and the 999 3rd Street property with laboratory/research and development buildings, vesting these approvals for 10 years; and WHEREAS, the procedures and requirements for reviewing and approving Development Agreements are prescribed by City Council Resolution No. 6089; and WHEREAS, on August 27, 2025, planning applications were filed by the California Corporate Center Acquisition, LLC, property owner, requesting an amendment to the Development Agreement for the BioMarin San Rafael Campus located at the intersection of Second Street and Lincoln Avenue to remove the requirements for public access to the Mahon Creek Park and conference rooms on the property and the requirement to provide temporary public parking and ancillary uses at the 999 3rd Street property; and
WHEREAS, the City of San Rafael determined that the application was exempt from the further California Environmental Quality Act (CEQA) based on CEQA Guidelines Section 15061(b) (General Rule); and
WHEREAS, on April 14, 2026, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the Agreement 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; and WHEREAS, the City Council makes the following findings, pursuant to City Council Resolution No. 6089, for approval of the Development Agreement and incorporated herein by reference:

Development Agreement Findings (DA26-001)

1. The First Amendment to the Agreement would be consistent with the objectives, policies, general land uses and programs specified in the General Plan 2040 in that the Agreement is consistent with the Downtown Mixed Use land use designation which includes the highest development intensities in the city, and contains a mix of housing, office, retail, service, and public land uses. The First Amendment to the Agreement is also consistent with the Downtown Precise Plan zoning district T5N 50/70 and Planned Development (PD1721) which allows the existing uses for the project involving no intensification of use.

2. The Agreement would be compatible with the uses authorized in the regulations prescribed for the T5N 50/70 zoning district and Planned Development (PD-1721) which allows Research and Development and Laboratory uses, and the First Amendment would not change or intensify the existing use, in that:

3. The First Amendment to the Agreement would be in conformity with the public convenience, general welfare and good land use practice in that it allows for the continued use of the BioMarin campus with minor modifications that will not affect the primary use of the property, including: a privately-owned public plaza (approximately 6,000 sq. ft.), pedestrian crossing safety improvements at adjacent intersections, and donation of funds for development of bike lanes. These public benefits would be consistent with other public benefit requirements for height bonuses for developments in the downtown area.

4. The First Amendment to the Agreement would not be detrimental to the health, safety and 4902-1445-3150 v1 3
general welfare in that the project is exempt from the provisions of the California Environmental Quality Act (CEQA), as referenced herein, and the project would meet all applicable City development standards.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS:

DIVISION 1. Findings.

The City Council hereby determines and finds that all of the facts and statements contained in the recitals herein, and the findings of Planning Commission Resolution No. 26-03, adopted April 14, 2026, recommending to the City Council adoption of this Ordinance, are true and correct.

DIVISION 2. CEQA Determination.

The Council hereby finds that the First Amendment is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

The proposed Amendment involves removal of public access and parking requirements within an existing Development Agreement for a previously-approved and environmentally-reviewed project.

DIVISION 3. Approval of First Amendment to the Development Agreement.

The City Council hereby approves the First Amendment to the Development Agreement, between California Corporate Center Acquisition, LLC, and the City of San Rafael concerning the San Rafael Corporate Center project planned for the subject property at 999 3rd Street and the San Rafael Corporate Center Campus, a copy of which is attached hereto as Exhibit A and incorporated herein by reference and the Council authorizes the Mayor and the City Clerk to execute the First Amendment to the Development Agreement on behalf of the City and to take any other actions necessary to complete this transaction.

DIVISION 4. Publication; Effective Date.

This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the day 4th day of May 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 18th day of May 2026 by the following vote, to wit:
4902-1445-3150 v1 4
AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_______________
KATE COLIN, Mayor
Attest:
______________________
LINDSAY LARA, City Clerk
4913-7786-6140 v1 1

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Attention: City Clerk
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The document is exempt from recording fees per Government Code § 27383 and Building Homes & Jobs Trust Fund Fee
per Government Code § 27388.1(a)(2)(D).

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BioMarin San Rafael Campus
This First Amendment to the Development Agreement ("First Amendment") is entered into as of _________, 2026 (the “First Amendment Effective Date”), by and between the City of San Rafael, a California charter city ("City"), and California Corporate Center Acquisition, LLC, a Delaware limited liability company (“CCCA” or "Developer"). City and Developer may each be referred to as a “Party,” and collectively as the “Parties.”

R E C I T A L S
Developer and City enter into this Agreement on the basis of the following facts, understandings and intentions, and the following recitals are a substantive part of this Agreement:

A. City and Developer entered into that certain Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (the “Agreement”) concerning the development of nine parcels of land comprising approximately 18.59 acres in the Downtown area of the City commonly known as the San Rafael Corporate Center located at 781-791 Lincoln Avenue and 999 3rd Street, San Rafael, Assessor Parcel Numbers 013-021-34, 35, 50, 51, 52, 53, 54 & 55, defined in the Agreement as the “Property” and shown on Exhibit A attached hereto.

B. The Parties agree to modify the Development Agreement pursuant to Government Code Sections 65867 and 65868, San Rafael Municipal Code Section 14.16.100, and City Council Resolution No. 6089 adopted on April 20, 1981, in order to remove terms related to public access to the Park Area and the Conference Facility, and the City’s use of the Temporary Public Parking Parcel.

C. On April 14, 2026, the Planning Commission, after duly noticed public hearing, recommended approval of this First Amendment. On ___________, 2026 after duly noticed public hearing, the City Council introduced its Ordinance _________ approving this First Amendment and authorizing its execution and adopted that Ordinance __________ on _________2026.

Ordinance ____________ became effective on ____________, 2026. 4913-7786-6140 v1 2

A G R E E M E N T
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, Parties hereby agree as follows:

1. Defined Terms. Capitalized terms used herein and not otherwise defined, shall have the meaning set forth in the Agreement.

2. Amendment of Agreement. The Agreement is hereby amended to remove Sections

4.9, 5.2, and 5.3 in their entirety.

3. Interpretation. This First Amendment shall be interpreted to give each of the provisions their plain and fair meaning. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this First Amendment is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its plain and fair meaning as a whole, as if all Parties had prepared it.

4. Integration. This First Amendment, together with the Agreement, constitutes the entire understanding and agreement between the Parties with respect to the subject matter contained herein.

5. Inconsistencies. In the case of any conflict or inconsistency between the provisions hereof and the terms of the Agreement, the provisions of this First Amendment shall control.

6. Status of Agreement. Except as modified by this First Amendment, the terms and provisions of the Agreement shall remain in full force and effect.

6. Counterparts. This First Amendment may be signed in counterparts by the Parties hereto and shall be the binding agreement of the Parties upon execution by each of them of one or more copies hereof.

8. Recording. Concurrent with the execution of this First Amendment, the Parties shall cause this First Amendment to be recorded in the official records of Marin County.

9. Authority. Each of the persons signing this First Amendment hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of the Party for which they are signing.
4913-7786-6140 v1 3
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the First Amendment Effective Date.

CITY
CITY OF SAN RAFAEL, a California Charter City
By:

Name:

Title: City Manager
Approved as to form:

By:

Name: _________________________________
Title: City Attorney
Attest:

By:

Name: _________________________________
Title: City Clerk

DEVELOPER

CALIFORNIA CORPORATE CENTER

ACQUISITION, LLC,
a Delaware limited liability company
By:

Name:

Title:

Acknowledgment

ACKNOWLEDGMENT
State of California )
County of )
On before me, , a Notary Public,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Acknowledgment

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
toastmasters.org
Toastmasters of Marin
Club 890, Founded 1950
Feb 18, 2026
San Rafael City Planning Commission
San Rafael, CA 94901
Dear Honorable Members of the San Rafael City Planning Commission, I am writing to urge the Commission to uphold Ordinance 1982 and hold BioMarin accountable to its longstanding community obligations under the Development Agreement originally executed in 1998.

Among the continuing obligations carried over into the current agreement between the City and BioMarin is the provision of a 2,500 square foot, after-hours, publicly accessible conference facility at little to no cost to community organizations. This is not a discretionary benefit — it is a binding, in-perpetuity commitment to the residents of San Rafael. Allowing its termination would permanently eliminate a vital community resource.

Marin Toastmasters Club 890 relied on this space for years prior to the COVID-19 pandemic. It offered a clean, safe, and professional environment where community members could gather to develop their public speaking, leadership, and communication skills. When pandemic-era restrictions ended, we made every effort to resume use of the facility. Those efforts were met with resistance, unreturned phone calls, and refusal to engage. BioMarin has not honored its obligation to the City and should not now be rewarded with relief from that obligation.

I represent one of the oldest and most active Toastmasters chapters in the region. Club 890 has met consistently since 1950 — 75 years of serving San Rafael and central Marin. We are one of only two Toastmasters clubs in San Rafael that meets weekly and in person. As a nonprofit, we depend on affordable, professional meeting space to remain accessible to all members of our community. Our club has grown, and we have outgrown our current location, but every alternative we have explored carries fees exceeding $100 per meeting — well beyond what our budget can absorb without raising member dues and pricing out the very people we aim to serve.

The loss of this provision does not affect only Toastmasters. It reduces an already scarce supply of publicly accessible meeting space in San Rafael, affecting nonprofits, civic groups, and community organizations across the city.

The Commission has the authority — and the obligation — to ensure that agreements made with the City in the public interest are honored. I respectfully urge you to preserve the conference facility provision of Ordinance 1982, and to require BioMarin to fulfill the community commitment it agreed to and has benefited from for decades.

Thank you for your time and your service to our community.

Sincerely,
Travis Woods
President
Marin Toastmasters Club 890
RESOLUTION NO. 26-03

RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING THAT

THE SAN RAFAEL CITY COUNCIL ADOPT AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE.CITY AND CALIFORNIA CORPORATE CENTER ACQUISITION, LLC (DA11-001) (ORDINANCE NO. 1982) TO REMOVE REQUIREMENTS FOR PARK AND CONFERENCE ROOM ACCESS AND AUXILIARY PARKING FOR THE GENERAL PUBLIC (APN 013-021-34, 35, 50, 51, 52, 53, 54 & 55)
WHEREAS, Government Code§ 65864, et seq., authorizes the City of San Rafael to enter into development agreements which will provide certainty, definition and commitment to developers as well as to provide for necessary public improvements required by development; and
WHEREAS, the City of San Rafael and California Corporate Center Acquisition, LLC (CCCA) entered into a Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (Ordinance 1982) (the "Agreement") that permits the phased development and expansion of the San Rafael Corporate Center (SRCC) located at 770 Lindaro Street and the 999 3rd Street property with laboratory/research and development buildings, vesting these approvals for 10 years; and WHEREAS, the procedures and requirements for reviewing and approving Development Agreements are prescribed by City Council Resolution No. 6089; and WHEREAS, on August 27, 2025, planning applications were filed by the California Corporate Center Acquisition, LLC, property owner, requesting an amendment to the Development Agreement for the BioMarin San Rafael Campus located at the intersection of Second Street and Lincoln Avenue to remove the requirements for public access to the Mahon Creek Park and conference rooms on the property and the requirement to provide temporary public parking and ancillary uses at the 999 3rd Street property; and WHEREAS, on April 14, 2026, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the Agreement and considered all oral and written public testimony and the written report of the Community Development Department; and
WHEREAS, that the Planning Commission has reviewed and considered the information contained in the proposed First Amendment to the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of San Rafael makes the following findings, determinations and recommendations with respect to the proposed First Amendment to the Agreement:

Section 1. Incorporation of Recitals. The above recitations are true and correct and are incorporated herein by this reference.

Section 2. c.E.QA. The Planning Commission hereby recommends that the City Council find this project to be categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the proposed First Amendment to the Agreement will have a significant effect on the environment.
4899-6435-0362 v2
Section 3. Findings for Amendment of Development Agreement. The Planning Commission in recommending approval to the City Council of the First Amendment to the Agreement and hereby makes the following findings:

4. The First Amendment to the Agreement would not be detrimental to the health, safety and general welfare in that the project is exempt from the provisions of the California Environmental Quality Act (CEQA), as referenced herein, and the project would meet all applicable City development standards.

WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community and Economic Development Department.

NOW THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Rafael recommends that the City Council adopt an ordinance (Exhibit 1) approving the First Amendment to the Agreement for the BioMarin San Rafael Campus development, substantially in the form of Exhibit 2. Exhibits 1 and 2 are attached hereto and incorporated herein by reference.

The foregoing resolution was at the regular City of San Rafael Planning Commission meeting held on the 14th day of April 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:
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Alvarez, Salvemini, Sude, Summers and Chair Rodby
None
Commissioner Mercado
None
ATTEST:

Margaret Kavanaugh-Lynch, Secretary Jill Rodby, Chairman 4899-6435-0362 v2
ORDINANCE NO. DA26-001

AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT (DA26-001) BETWEEN THE CITY AND CALIFORNIA CORPORATE CENTER ACQUISITION, LLC (ORDINANCE NO. 1982) TO

REMOVE REQUIREMENTS FOR PARK AND CONFERENCE ROOM ACCESS AND AUXILIARY PARKING FOR THE GENERAL PUBLIC (APN 013-021-34, 35, 50, 51, 52, 53, 54 & 55)
WHEREAS, in February 1998, the San Rafael City Council adopted a Planned Development Zoning 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 "Fair Issac DA"), the initial project developer, who was planning to be the single tenant for the office park. The Fair Issac DA included specific terms, conditions and requirements agreed to by both the City and Fair Isaac for a 10-year build-out of the "San Rafael Corporate Center" office park; and WHEREAS, in August 2000, the City Council adopted Ordinance No. 1755, approving the first amendment to the Fair Issac DA to approve changes in the property ownership (Equity Office) and to the development standards in order to accommodate multi-tenant use of the San Rafael Corporate Center. Since 2000, the office park ownership has changed and subsequent amendments to the Fair Issac DA were adopted to reflect the ownership changes; and WHEREAS, in December 2011, the City Council adopted Ordinance No. 1902, approving a second amendment to the Fair Issac DA for the San Rafael Corporate Center to expand the allowable land uses to include medical office and research and development; and WHEREAS, on October 10, 2018, BioMarin Pharmaceutical (BioMarin), in conjunction with Whistlestop/Eden Housing, submitted project applications to the City of San Rafael Community Development Department for a General Plan Amendment (GPA 18-001 ), Zoning Text Amendment (2018-003), Planned Development (PD) Amendment (ZC18-002), Master Use Permit (UP18-034), Environmental and Design Review Permit (ED18-087), Development Agreement (DA19-001), Small Subdivision (S18-001), and Sign Program Amendment (SP18-18- 006) for the development of two 72-foot tall, four-story laboratory/research and development buildings, totaling 207,000 sq. ft., and a 67-unit, 70-foot tall, six-story senior center and affordable senior housing building on a 133,099 sq. ft. parcel at 999 3rd Street (the "Project"); and WHEREAS, the Development Agreement was requested by BioMarin to establish a 10- year time frame for the approvals and to freeze the development application and impact fees for a period of 10 years for the BioMarin component of the Project; and BioMarin has offered the City a series of public benefits as consideration for the Development Agreement; and WHEREAS, on January 28, 2020, the Planning Commission adopted Resolution No. 20- 06, recommending to the City Council approval of the proposed Development Agreement, with one modification, to not eliminate a condition of approval, previously imposed on the 755 Lindaro/Lincoln Garage expansion, requiring the creation of a pedestrian connection to SMART on the backside of the Lincoln Avenue garage, along the west side of Mahon Creek; and WHEREAS, the City of San Rafael and California Corporate Center Acquisition, LLC (CCCA) entered into a Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (Ordinance 1982) (the "Agreement") that permits the phased development and expansion of the 4902-1445-3150 v1 1
San Rafael Corporate Center (SRCC) located at 770 Lindaro Street and the 999 3rd Street property with laboratory/research and development buildings, vesting these approvals for 1 0 years; and WHEREAS, the procedures and requirements for reviewing and approving Development Agreements are prescribed by City Council Resolution No. 6089; and WHEREAS, on August 27, 2025, planning applications were filed by the California Corporate Center Acquisition, LLC, property owner, requesting an amendment to the Development Agreement for the BioMarin San Rafael Campus located at the intersection of Second Street and Lincoln Avenue to remove the requirements for public access to the Mahon Creek Park and conference rooms on the property and the requirement to provide temporary public parking and ancillary uses at the 999 3
rd Street property; and
WHEREAS, on April 14, 2026, the Planning Commission held a duly noticed public hearing to review and consider the proposed amendment to the Agreement 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; and WHEREAS, the City Council makes the following findings, pursuant to City Council Resolution No. 6089, for approval of the Development Agreement and incorporated herein by reference:

Development Agreement Findings (DA26-001)

2. The Agreement would be compatible with the uses authorized in the regulations prescribed for the T5N 50/70 zoning district and Planned Development (PD-1721) which allows Research and Development and Laboratory ,uses, and the First Amendment would not change or intensify the existing use, in that:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS:

DIVISION 1. Findings.

The City Council hereby determines and finds that all of the facts and statements contained in the recitals herein, and the findings of Planning Commission Resolution No. 26-03, adopted __ , 2026, recommending to the City Council adoption of this Ordinance, are true and correct.

DIVISION 2. Approval of First Amendment to the Development Agreement.

The City Council hereby approves the First Amendment to the Development Agreement, between California Corporate Center Acquisition, LLC, and the City of San Rafael concerning the San Rafael Corporate Center project planned for the subject property at 999 3 rd Street and the
San Rafael Corporate Center Campus, a copy of which is attached hereto as Exhibit A and incorporated herein by reference and the Council authorizes the Mayor and the City Clerk to execute the First Amendment to the Development Agreement on behalf of the City and to take any other actions necessary to complete this transaction.

DIVISION 3. Publication; Effective Date.

LINDSAY LARA, City Clerk
The foregoing Ordinance No. _ was introduced at a regular meeting of the City Council of the City of San Rafael, held on the _ day of __ 2026 and was ordered passed to print by the following vote, to wit:

AYES: Council members:

NOES: Council members:

ABSENT: Councilmembers:

And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the_ day of April 2026.
4902-1445-3150 v1 3
LINDSAY LARA, City Clerk
4902-1445-3150 v1 4

RECORDING REQUESTED
AND WHEN RECORDED MAIL To:

City of San Rafael
1400 Fifth A venue
San Rafael, CA 94901
Attention: City Clerk
BY )
)
)
)
)
)
)
The document is exempt from recordingfees per Government Code§ 27383 and Building Homes & Jobs Trust Fund Fee
per Government Code§ 27388.l(a)(2)(D).

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
BioMarin San Rafael Campus
This First Amendment to the Development Agreement ("First Amendment") is entered into as of ___ 2026 (the "First Amendment Effective Date"), by and between the City of San Rafael, a California charter city ("City"), and California Corporate Center Acquisition, LLC, a Delaware limited liability company ("CCCA" or "Developer"). City and Developer may each be referred to as a "Party," and collectively as the "Parties."

RECITALS
Developer and City enter into this Agreement on the basis of the following facts, understandings and intentions, and the following recitals are a substantive part of this Agreement:

A. City and Developer entered into that certain Development Agreement (BioMarin San Rafael Campus) dated effective as of April 23, 2020 (the "Agreement") concerning the development of nine parcels ofland comprising approximately 18.59 acres in the Downtown area of the City commonly known as the San Rafael Corporate Center located at 781-791 Lincoln Avenue and 999 3
rd Street, San Rafael, Assessor Parcel Numbers 013-021-34, 35, 50, 51, 52, 53, 54 & 55, defined in the Agreement as the "Property" and shown on Exhibit A attached hereto.

C. On ----- 2026, the Planning Commission, after duly noticed public hearing, recommended approval of this First Amendment. On ____ __, 2026 after duly noticed public hearing, the City Council introduced its Ordinance ____ approving this First Amendment and authorizing its execution and adopted that Ordinance _____ on ____ 2026. Ordinance ______ became effective on ______ 2026. 4913-7786-6140 vl

AGREEMENT
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, Parties hereby agree as follows:

1. Defined Terms. Capitalized terms used herein and not otherwise defined, shall have the meaning set forth in the Agreement.

2. Amendment of Agreement. The Agreement is hereby amended to remove Sections

4.9, 5.2, and 5.3 in their entirety.

4. Integration. This First Amendment, together with the Agreement, constitutes the entire understanding and agreement between the Parties with respect to the subject matter contained herein.

5. Inconsistencies. In the case of any conflict or inconsistency between the provisions hereof and the terms of the Agreement, the provisions of this First Amendment shall control.

6. Status of Agreement. Except as modified by this First Amendment, the terms and provisions of the Agreement shall remain in full force and effect.

8. Recording. Concurrent with the execution of this First Amendment, the Parties shall cause this First Amendment to be recorded in the official records of Marin County.

9. Authority. Each of the persons signing this First Amendment hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of the Party for which they are signing.
49 I 3-7786-6140 v I 2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the First Amendment Effective Date.
4913-7786-6140 vl
CITY
CITY OF SAN RAFAEL, a California Charter City
By:

Name:

Title: City Manager
Approved as to form:

By:

Name: _____________ _
Title: City Attorney
Attest:

By:

Name: _____________ _
Title: City Clerk

DEVELOPER

CALIFORNIA CORPORA TE CENTER

ACQUISITION, LLC,
a Delaware limited liability company
By:

Name: _____________ _
Title:
3 ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of ________ _
)
)
On _________ before me,------------ a Notary Public,
personally appeared _________________________ __,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________ _ (Seal)
Acknowledgment

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of ________ _
)
)
On _________ before me, _____________ a Notary Public,
personally appeared -------------------------
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies ), and that by his/her/their signature( s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________ _ (Seal)
Acknowledgment
Reso 26-03 BioMarin with Attachments
Final Audit Report
Created:

By:

Status:

Transaction ID:
2026-04-21
Erin Cipriani ([email protected])
Signed
CBJCHBCAABAAQgRj8nXqhAPIU1VDAGZaiJd7RNFrZILR
2026-04-22
"Reso 26-03_BioMarin_with Attachments" History
f:l Document created by Erin Cipriani ([email protected]) 2026-04-21 - 9:57:34 PM GMT
f2. Document emailed to Jill Rodby [email protected]) for signature 2026-04-21 - 9:57:38 PM GMT
f:l Email viewed by Jill Rodby [email protected])
2026-04-22 - 10:44:01 PM GMT
0o Document e-signed by Jill Rodby [email protected]) Signature Date: 2026-04-22 - 10:44:56 PM GMT - Time Source: server g Document emailed to Margaret Kavanaugh-Lynch ([email protected]) for signature
2026-04-22 - 10:44:57 PM GMT
f:l Email viewed by Margaret Kavanaugh-Lynch ([email protected]) 2026-04-22-10:49:12 PM GMT
0o Document e-signed by Margaret Kavanaugh-Lynch ([email protected]) Signature Date: 2026-04-22 - 10:49:39 PM GMT - Time Source: server 0 Agreement completed.
2026-04-22 - 10:49:39 PM GMT
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San Rafael City CouncilMay 4, 2026

San Rafael City Council
May 4, 2026