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HomeMy WebLinkAboutCC Resolution 10683 (Fair Isaac Amendment)RESOLUTION NO. 10683 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING AN ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE FAIR, ISAAC OFFICE PARK DEVELOPMENT SOUTH OF SECOND STREET, FRONTING LINDARO STREET & LINCOLN AVENUE AP# 13-012-28 (ptn.), 13-021-19 and 13-021-42 The City Council of the City of San Rafael finds and determines that: WHEREAS, on February 9, 1998, the City Council adopted Resolution 10019, certifying the Final Environmental Impact Report for the Fair, Isaac Office Park Development (FEIR), a 406,000 square foot office park project proposed for 15 acres in Downtown San Rafael; and WHEREAS, on February 17, 1998, the City Council adopted Resolution 10024, approving a Statement of Findings and Fact of Overriding Consideration and approving the Mitigation Monitoring and Reporting Program (MMRP) for the office park project. At this regular meeting, the City Council adopted Ordinance 1721 establishing a PD District for the office park site and adopted Resolution 10025, conditionally approving an Environmental and Design Review (ED 97-24), Use Permit (UP 97-10) and Tentative Map (TS 97-1) for development of the office park; and WHEREAS, in June 2000, San Rafael Corporate Center, LLP (Wilson/Equity Office, Inc.) filed planning applications with the City, proposing minor changes and amendments to the approved office park project. The minor project amendments include a change in the provisions for a community facility approved for the authorization of a building height bonus. The provisions of the community facility and the building height bonus are authorized under Condition No. 2 of the office park Use Permit (UP 97-10). San Rafael Corporate Center, LLP proposes to replace the approved 10,000 square foot conference/meeting space with: a) a smaller, 2,500 square foot meeting room and b) a privately maintained, publicly -accessible park adjacent to Mahon Creek; and an0VINAL �pb�3 WHEREAS, the City has determined that the currently proposed project involves only minor changes and additions to the originally approved Fair, Isaac Office Park project. Consistent with the provisions of Section 15164 of the California Environmental Quality Act, an Addendum to the previously certified Final Environmental Impact Report for the Fair, Isaac Office Park Development (FEIR) has been prepared to acknowledge the proposed project changes in the FEIR. This Addendum is in the form of a memorandum to the file, and is provided is Exhibit "A" of this resolution; and WHEREAS, on July 25, 2000, the Planning Commission reviewed and considered the proposed Addendum to the FEIR. On a 4-0-3 vote (Atchison and Lang absent and Kirchmann abstaining), the Planning Commission adopted Resolution 00-16 recommending to the City Council the adoption of the Addendum to the FEIR; and WHEREAS, on August 7, 2000, the City Council held a duly noticed public hearing on the proposed Addendum to the FEIR, accepting public testimony and the written report of the Department of Community Development staff. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council finds that the Addendum to the FEIR has been prepared in accordance with the required CEQA and the State Guidelines and hereby adopts the Addendum presented in Exhibit A of this resolution, based on the following findings: There is substantial evidence in the record that, the FEIR Addendum, in conjunction with the Fair, Isaac Office Park Final Environmental Impact Report (FEIR) certified by the San Rafael City Council on February 9, 1998, adequately addresses all potential environmental impacts associated with the project and the proposed project amendments. 2. As proposed, the adoption of an Addendum to the previously certified FEIR is 2 appropriate and consistent with the provisions of Section 15164 of the California Environmental Quality Act (CEQA), in that the proposed project involves only minor changes and additions in the description of the originally approved office park development. These minor changes do not result in any changes in or additions to the previously studied environmental impacts, nor would they result in any new significant environmental impacts. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on Monday, the seventh of August,2000, by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: AB SENT/DIS QUALIFIED : COUNCIL MEMBERS: Cohen, Heller, Miller and Mayor Boro None Phillips (due to conflict of interest) JEA�ANE M. LEONC , City Clerk EXHIBIT "A"- Addendum to Final Environmental Impact Report cceiradd.doc EXHIBIT A CITY OF SAN RAFAEL Department of Community Development MEMORANDUM DATE: July 7, 2000/revised July 18, 2000 TO: City File Nos. ZC 97-2(b), UP 97-10(b), and DA 97-1(b) FROM: Paul Jensen, Interim Planning Manager RE: San Rafael Corporate Center (formerly Fair, Isaac Office Park), Second and Lindaro Streets; 13-012-28, 13-021-19 and 13-021-42. SUBJECT: Addendum to Environmental Impact Report - State Clearinghouse No. 97042041 BACKGROUND AND CURRENT PROPOSAL On February 9, 1998, the San Rafael City Council certified the Final Environmental Impact Report (FEIR) (State Clearinghouse No. 97042041), and approved the corresponding Development Agreement ("DA"), Owner Participation Disposition and Development Agreement ("OPDDA") and development approvals for the Fair, Isaac Office Park Project. The project was approved for the development of a 406,000 square foot office park , on an approximate 15.1 -acre site, located on the southeastern edge of downtown San Rafael. Fair, Isaac originally planned to relocate its headquarters to the office park. Fair, Isaac now desires to sell the Property to San Rafael Corporate Center, LLP (Wilson/Equity Office, Inc.), who proposes to develop the property consistent with the terms and conditions of the executed Development Agreement and corresponding development approvals. However, San Rafael Corporate Center, LLP proposes the following minor modifications to the approved project: Amending the public benefit provided to qualify for the building height bonus by: a. Enhancing the southern portion of the Property along Mahon Creek as a privately maintained park with public access. b. Reducing the size of the publicly accessible Community Facility (conference/meeting room space) from 10,000 square feet to 2,500 square feet and eliminating the seasonal use of the terrace and lawn amphitheater. C. Contributing $150, 000 toward the cost of construction of a fountain in the Fourth Street plaza. 2. Minor revisions to the landscape design and the substantial elimination of the fencing component of the campus security plan. FEIR Addendum for ,San Rafael Corporate Center (formerly Pair, Isaac Office Park) July 7, 2000/revised July 18, 2000 3. Minor revisions to the architectural building features to accommodate a multi -tenant environment. 4. Improving the parking ratio to 3.3/1000 by providing an additional level on the second parking structure, as originally anticipated in the approved entitlements. The purpose of this memorandum is to consider whether the current proposal is within the scope of the prior environmental review and shall serve as an Addendum, as described in CEQA Guidelines Section 15164. CEQA Guideline 15164 provides that: "The lead agency or a responsible agency shall prepare an addendum to an EIR if: (1) None of the conditions described in Section 15162' calling for preparation of a subsequent EIR have occurred; (2) Only minor technical changes or additions are necessary to make the EIR under consideration adequate under CEQA; and (3) The changes to the EIR made by the addendum do not raise important new issues about the significant effects on the environment." Under CEQA, an addendum does not need to be circulated for public review, and can be included in or attached to the previously certified FEIR; and the responsible agency must consider the addendum in conjunction with the certified FEIR, prior to making a decision on the project. As discussed below, the project revisions proposed by San Rafael Corporate Center, LLP would involve minor amendments to the DA, OPDDA, and City development approvals, but would not have any significant impacts on the environment or alter the efficacy of the mitigation measures contained in the FEIR. Consequently, pursuant to CEQA Guidelines Section 15162 and 15164, the Department of Community Development has concluded that no new significant impacts would result from the project, as proposed,. Furthermore, no important changes in circumstances involving potential significant impacts have occurred since the FEIR was certified in February 1998, and no new information has come to light that would involve the potential for new significant impacts not discussed in the Final EIR. ENVIRONMENTAL ANALYSIS San Rafael Corporate Center, LLP proposes to develop the former Fair, Isaac Office Park project in substantial conformity with the previously approved project proposed by the Fair, Isaac. It is ISection 15162 of the CEQA Guidelines identifies three conditions under which a subsequent EIR shall be prepared for a project: (1) substantial changes are proposed to the project involving new significant environmental effects or substantial increases in severity of previously identified significant effects; (2) substantial changes in the circumstances under which the project is undertaken occur involving new significant environmental effects or substantial increases in severity of previously identified significant effects, or (3) new information becomes available that did not exist at the time the EIR was prepared involving new significant environmental effects or substantial increases in severity of previously identified significant effects, or considerably different mitigation measures or alternatives; or previously infeasible mitigation measures or alternatives now found to be feasible, would substantially reduce significant effects of the project, but which the project proponents previously declined to adopt. 2 FEIR Addendum for ,)an Rafael Corporate Center (fonnerly Pair, Isaac Office Park) July 7, 2000/revised Jany 18, 2000 the stated intention of San Rafael Corporate Center, LLP to maintain the project's overall site plan and architectural and landscape design, as approved by the City of San Rafael in early 1998. Consistent with the project's existing development approvals, the development will total 406,000 square feet of office space, including five buildings and two parking structures as previously designed by Backen, Arrigoni and Ross (`BAR") architects. The site plan, as designed by the SWA Group, will feature landscaped improvements, surface parking, pedestrian circulation and the infrastructure required to support the office development. All vehicular and pedestrian access points will remain substantially as illustrated on the approved plans. Since the development will remain substantially unchanged from its approved size and configuration, all off-site improvements associated with the original project will remain as planned. Many of these improvements are already completed, including the widening of Second Street, the addition of an eastbound right -turn lane at Second Street and Lincoln Avenue and the undergrounding of various utility lines in the vicinity of the site. Parking will continue to be accommodated with the combination of surface lots and structured garages as described in the approved plans. As addressed in the project's "Parking Contingency Plan," and provided for in the project approvals, San Rafael Corporate Center, LLP plans to exercise the right to provide an additional level of parking on the second, eastern parking structure (as anticipated in the approved plans), thereby improving the parking ratio from 3 spaces per 1,000 square feet to 3.3 per 1,000 square feet. In addition, while the project may become the home of several high quality tenants, San Rafael Corporate Center, LLP will implement a comprehensive Transportation System Management (TSM) Program similar to that devised by Fair Isaac. The project, as currently proposed, will continue to offer a publicly accessible conference facility as anticipated in the original plans. However, the amount of interior space dedicated for this use will be reduced from 10,000 square feet to 2,500 square feet. The exterior areas identified for this use will remain relatively unchanged. The San Rafael General Plan 2000 (Land Use Element Policy LU -21, Lindaro Office Land Use District, page LU -8 & LU -9) provides that a height bonus may be granted in exchange for the provision of a park along Mahon Creek, in lieu of a community facility. Since the height bonus granted to the project was contingent upon the original 10,000 square foot community facility, San Rafael Corporate Center, LLP will enhance the southern portion of the site along Mahon Creek, as a privately maintained park with public access. Therefore, this change in the method of satisfying the height bonus requirements is entirely consistent with the San Rafael General Plan 2000, the Implementing Strategy for Our Vision of Downtown San Rafael, and would result in less -than significant impacts to the corresponding zoning district.' - Upon completion, San Rafael Corporate Center, LLP intends to lease the project to one or more high quality tenants. Since the development, as originally approved, was to be the home of a 2 A further consideration for the reduction of total interior conference area, San Rafael Corporate Center, LLP will also contribute $150,000 toward the cost of construction of the fountain planned for the Fourth Street plaza. 3 FEIR Addendum for ,)an Rafael Corporate Center (fornierly Pair, Isaac Office Park) July 7, 2000/revised Jitly 18, 2000 single corporate occupant (Fair, Isaac), some minor changes to the office buildings are necessary to accommodate the requirements of what may become a multi -tenant environment. The nature of these changes are minor and are focused on the building's interior core elements (i.e., elevator lobbies, restrooms, exit stairs, etc.). In addition, some minor landscape modifications may be made to enhance the multi -tenant nature of the development. Any such site changes will be insignificant and consistent with the environmental analysis and mitigation measures contained in the certified FEIR. The project will continue to be constructed in multiple phases, as originally anticipated. The first phase, consisting of the southern two buildings and associated surface parking, is proposed to begin in late 2000 and conclude in late 2001. The second phase, made up of the remaining three buildings and two parking structures would be developed incrementally. Similar to the projections made by Fair, Isaac, at full build -out the campus will house approximately 1,500 employees. CONCLUSION As discussed above, the minor changes here proposed to the Fair Isaac Office Park development by San Rafael Corporate Center, LLP will not result in any substantial changes in the potential environmental effects of the Project, as analyzed in the certified FEIR. Accordingly, no supplemental or subsequent EIR is required and no further environmental evaluation is necessary pursuant to CEQA Guidelines Sections 15162, 15163, and 15164. The unmitigated significant effects contained in the original, certified FEIR were addressed by findings and statements of overriding consideration and this Addendum is proper because no new significant, adverse environmental impacts have been discovered. The FEIR for the Fair, Isaac Office Park project, together with this Addendum, will constitute the environmental document for the proposed San Rafael Corporate Center, LLP development and all future development that is undertaken on the project site pursuant thereto. 4