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ORDINANCE NO. 2063
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. 4902-1445-3150 v1 3
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.
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:
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AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_______________
KATE COLIN, Mayor
Attest:
______________________
LINDSAY LARA, City Clerk
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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.
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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.
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.
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.
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.
SUMMARY OF ORDINANCE NO. 2063
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)
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No.2063 regarding the Development Agreement between the City and the California Corporate Acquisition LLC (BioMarin). Ordinance No. 2063 is scheduled for adoption by the San Rafael City Council at its regular meeting of May 18, 2026. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would amend the Development Agreement between the City and California Corporate Acquisition, LLC, which was originally approved by Ordinance No. 1982. 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).
For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk’s Office at [email protected] or by phone at (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, Monday through Thursday from 9:00 a.m. to 4:00 p.m., and on Fridays by appointment only.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: 5/8/2026