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Council introduces ordinance to amend BioMarin development agreement, removing some public-access obligations
Summary
The council introduced an ordinance to adopt the first amendment to BioMarin's development agreement, removing requirements for park access, a conference facility, and temporary public parking at the 999 3rd Street parcel; council voted to introduce the ordinance 4-0 after staff described delivered public benefits and CEQA applicability.
The San Rafael City Council on May 4 introduced an ordinance to adopt the first amendment to BioMarin's development agreement (DA26-001), removing several previously required public benefits tied to future phases of the project.
Community Economic Development Director Micah Hinkle and consulting planner Sean Kennings presented the staff report. Kennings told the council that BioMarin has completed about $16 million in public benefits to date, including soil remediation of the 999 3rd Street parcel, land donations (including a contribution to Eden Housing), traffic improvements, and pedestrian-safety infrastructure. The amendment before the council would remove three specific DA requirements: public access to Mahone Creek Park at the rear of the corporate center, a conference facility intended for community use, and temporary public parking on the 999 3rd Street parcel. Staff said BioMarin's transition to a single-tenant, secure laboratory campus makes public access and a conference facility impractical, and that the amendment does not authorize new development or increase intensity and therefore falls under a CEQA general-rule exemption.
Council members asked about commitments that remain (retail, public plaza, surface parking, bike-lane striping on Lindaro) and whether the bike-lane requirement would be implemented by BioMarin or funded by payment to the city; staff said BioMarin had proposed either building the striping as part of construction or paying an amount to the city to add the lane. Toastmasters and a Marin bicycle advocacy group had submitted comments seeking continued access to meeting space and completion of Lindaro improvements; staff reported outreach to likely alternate venues.
One resident, Richard Falk, suggested public schools' multiuse rooms as lower-cost community meeting spaces. After discussion and several council members praising BioMarin's long-term investment in downtown, Vice Mayor Rachel Kurtz moved to introduce the ordinance, waive further reading and refer it by title only. The motion passed by roll call vote, 4-0. The city clerk read the ordinance title into the record (describing removal of park and conference access and auxiliary public parking obligations). Staff said the council could approve the ordinance with modifications, deny it, or continue the item if further findings were requested.
