HomeMy WebLinkAboutCC Resolution 14026 (Corporate Center)RESOLUTION NO. 14026
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING A MITIGATION MONITORING
AND REPORTING PROGRAM (MMRP) SUPPORTING THE APPROVAL OF
PLANNED DEVELOPMENT REZONING (ZC14-002), MASTER USE PERMIT
AMENDMENT (UP14-052) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT
(ED14-097) FOR THE CONSTRUCTION OF A NEW 72,396 -SQ. FT. OFFICE
BUILDING (755 LINDARO ST) AND A PHASE 2 PARKING GARAGE EXPANSION
(788 LINCOLN AVE) AT THE SAN RAFAEL CORPORATE CENTER.
(APN: 013-012-38 & 39, 013-021-50, 51, 52, 53, 54 & 55)
WHEREAS, in 1998, the San Rafael City Council prepared and certified the Fair, Issac
Final Environmental Impact Report (FEIR), which assessed the potential environmental impacts
for developing a multi -building office complex on the subject 15.54 -acre site; and
WHEREAS, on February 17, 1998, the San Rafael City Council adopted Ordinance
1721, a Planned Development District for the development of up to a 406,000 sq. ft. multi -
building office complex for a single tenant, on the subject 15.54 -acre site; and
WHEREAS, on August 7, 2000, the San Rafael City Council adopted Ordinance 1754,
an amendment to the Planned Development District to approve changes in the zoning district
development standards in order to accommodate multi -tenant use of the office park (San Rafael
Corporate Center); and
WHEREAS, on December 5, 2011, the San Rafael City Council adopted Ordinance
1901, an amendment to the Planned Development District, including adoption of a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, to expand the allowed
land uses for the San Rafael Corporate Center to include medical use and research and
development and allowed the adopted parking standard of 3.3 parking spaces per 1,000 sq. ft. in
the Master Plan (instead of 4.4 parking spaces per 1,000 sq. ft. for medical office). The
amended Planned Development District (PD -1901) is currently in effect; and
WHEREAS, between 2000 and today, the San Rafael Corporate Center has been
developed in various phases. Currently, the last office building (5`h) and the second parking
garage approved are being constructed under the terms of the current Planned Development (PD -
1901) District. The build -out of the approved campus, totals 400,700 sq. ft., 5,300 sq. ft. less
than the 406,000 sq. ft. allowed by the PD
WHEREAS, on August 9, 2014, a preliminary planning application for Conceptual
Design Review was filed by COCA, LLC (BioMarin, Inc.), property owner, requesting an
amendment to the Planned Development District and Master Use Permit and approval of an
Environmental and Design Review Permit for the development of
• Use of the site for general office and research and development uses within six structures,
totaling 480,700 sq. ft. of floor area.
• Elimination of the previously allowed medical office use (up to 68,068 sq. ft.) on the
campus.
• A new three story, 48 ft. tall, laboratory building totaling 80,000 sq. ft. on Parcel 1 (755
Lindaro St.), including the removal of some surface parking spaces.
• Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000
square feet of gross building area throughout the campus.
• A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total
of 317 parking spaces (270 covered parking spaces and 47 surface parking spaces).
• Addition of elevated pedestrian bridges across buildings, throughout the campus; and
WHEREAS, on September 16, 2014, the City of San Rafael Design Review Board
(DRB) reviewed the conceptual design review application at a publicly noticed meeting, and
provided preliminary feedback to the applicant on the preliminary design concept that was
presented; and
WHEREAS, on October 31, 2014, formal planning applications were filed by COCA,
LLC (BioMarin, Inc.), property owner, requesting amendments to the Planned Development
District, Master Use Permit and approval of an Environmental and Design Review Permit to
allow additional development on the campus, including a new office building and a parking
garage expansion, as follows:
• Use of the site for general office and research and development in uses within six
structures, totaling 480,700 sq. ft.
• Elimination of the previously allowed medical office use (up to 68,068 sq. ft.) on the
campus.
• A new three story, 48 -ft tall, laboratory building totaling 80,000 sq. ft. on Parcel 1 (755
Lindaro St.). Construction would include the removal of 125 existing surface parking
spaces on Parcel 1.
• Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000
square feet of gross building area for the entire campus.
• A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total
of 312 parking spaces (271 covered parking spaces and 41 surface parking spaces); and
WHEREAS, on April 28, 2015, a revised project design was filed by CCCA, LLC
(BioMarin, Inc.), property owner, requesting amendments to the Planned Development District,
Master Use Permit and approval of an Environmental and Design Review Permit to allow
additional development on the campus, including a new office building and a parking garage
expansion. The use and size of the proposed new building were modified due to changes in the
applicant's program needs as well as physical constraints related to PG&E easements. The
proposed project now includes
• Use of the site for general office and research and development in uses within six
structures, totaling 473,096 sq. ft.
• Elimination of the previously allowed medical office use (up to 68,068 sq. ft.) on the
campus.
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• A new four story, 54 -ft tall, laboratory building totaling 72,396 sq. ft. on Parcel 1 (755
Lindaro St.). Construction would include the removal of 64 existing surface parking
spaces on Parcel 1.
• Associated parking to support the approved uses at a ratio of 3.3 parking spaces per 1,000
square feet of gross building area for the entire campus.
• A six story addition to the 788 Lincoln Avenue parking structure to accommodate a total
of 300 parking spaces (257 covered parking spaces and 43 surface parking spaces); and
WHEREAS, on May 19, 2015, the applications were reviewed by the Design Review
Board at a duly noticed public meeting and the DRB provided preliminary comments and
recommendations on design related matters and continued the application to their June 16, 2015
meeting to allow the applicant to address their recommendations; and
WHEREAS, on June 2, 2015, a final revised project design was filed by CCCA, LLC
(BioMarin, Inc.) which included revisions to building architecture and additional details
requested by the DRB; and
WHEREAS, on June 16, 2015, the revised applications were reviewed by the Design
Review Board at a duly noticed public meeting and the DRB found that the revisions had
adequately addressed their prior comments and unanimously voted (4-0-1, with Member Kent
Absent) to recommend approval of the project design to the Planning Commission; and
WHEREAS, as required by the California Environmental Quality Act (CEQA), staff
determined that the proposal is defined as a `project,' making it subject to environmental review.
Pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared by Kimley-Horn,
environmental consultants hired by the City, to determine the potential environmental impacts of
the project. The Initial Study is supported by several technical studies and reports (traffic study,
geotechnical, aesthetics); and
WHEREAS, in preparing the Initial Study, the project was reviewed against impacts
identified and mitigation measures included in the certified Fair, Isaac Office Park Final
Environmental Impact Report (FEIR) and the 2011 IS/MND (IS 11-002). The purpose of this
review was to determine if the project would result in: new significant impacts; an increase in the
severity of impacts; or new or expanded mitigation measures from those analyzed and
determined in the 1998 FEIR; and
WHEREAS, as demonstrated in the preparation of an Initial Study and comparing the
project activities and actions against the impacts identified and mitigation measures included in
the 1998 FEIR, the proposed project does not result in any significant environmental impacts.
Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and
recommends the adoption of a Mitigated Negative Declaration; and
WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation
Monitoring and Reporting Program (MMRP) has been prepared, which outlines the
procedures/steps and requirements for implementing all mitigation measures identified in the
IS/MND; and
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WHEREAS, as required by law, the 755 Lindaro St. and 788 Lincoln Ave. Parking
Garage Phase II expansion project IS/MND was circulated for 55 -day public review period
beginning June 30, 2015 and ending August 25, 2015 (SCH # 2007082125); and
ID
WHEREAS, on August 25, 2015, the Planning Commission held a duly noticed public
hearing to review and consider the Initial Study, which recommends the adoption of a Negative
Declaration. The Planning Commission considered all oral and written public testimony and the
written report of the Community Development Department. As part of this hearing process, the
Planning Commission considered adoption of the IS/MND and the draft MMRP, which is
presented in the attached Exhibit A of this resolution. On a 6-0-1 vote (Commissioner Davidson
absent), the Planning Commission adopted Resolution No. 15-10 recommending to the City
Council adoption of the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; and
WHEREAS, on Friday, October 2, 2015, public notices were mailed to surrounding
property owners and residents within 400 feet, pertinent agencies (including responsible and
trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section
15072; and
WHEREAS, notices regarding the project, including the availability of the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program prepared for this
project, were published in the Marin Independent Journal on Saturday, October 3, 2015, a local
newspaper of general circulation in the area; and
WHEREAS, the site was posted with two public hearing notice boards for a 15 day
period in advance of the October 19, 2015 public hearing; and
WHEREAS, on October 8, 2015, CCCA, LLC (BioMarin, Inc.), property owner,
submitted revised project plans and materials, addressing the Planning Commission's August 25,
2015 recmomendation, including a revised Transprotation Demand Management Plan, and
revised landsapcing plan; and
WHEREAS, on October 19, 2015, the City Council held a duly noticed public hearing
on the proposed project and the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, considered all public testimony and the written report of the Department of
Community Development and the recommendation of the Planning Commission; and
WHEREAS, custodian of documents which constitute the record of proceedings upon
which this decision is based, is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby adopts the Mitigated Negative Declaration and approves the Mitigation
Monitoring and Reporting Program as presented in Exhibit "A" based on the findings that:
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a) The City Council exercised its independent judgment in evaluating the Mitigated
Negative Declaration and the Mitigated Negative Declaration has been considered in
conjunction with comments received during the public review period and at the
Planning Commission and City Council hearings. Based on this review, the City
Council has determined that: 1) there is no substantial evidence that the project will
have a significant impact on the environment; and 2) revisions have been made to the
project or have been included in the project as conditions of approval which reduce the
potential impacts to 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 to a less -than -significant level.
b) Although not required by CEQA, the project traffic engineer reviewed the comment
letter submitted by CalTrans and provided a response letter, dated October 1, 2015,
responding to their questions and comments; and
c) A Mitigation Monitoring and Reporting Program has been prepared to ensure
implementation of and compliance with all measures required to mitigate all impacts to
a less -than -significant level.
I, Esther C. Beirne, 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 of the
City of San Rafael, held on Monday, the 19` of October, 2015, by the following vote, to wit:
Moved by Councilmember McCullough and seconded by Councilmember Bushey as follows:
AYES: COUNCILMEMBERS Bushy, Colin, Gamblin, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
ESTHER C. BEIRNE, City Clerk
Exhibit "A" Mitigation Monitoring and Reporting Program
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