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HomeMy WebLinkAboutCC Resolution 12313 (Mission Ave. Condominium EIR)RESOLUTION NO. 12313 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR A NEW 15 -UNIT RESIDENTIAL TOWNHOUSE CONDOMINIUM DEVELOPMENT AT 524 MISSION AVENUE (BETWEEN IRWIN STREET AND GREEN WAY) (APN: 014-013-05) The City Council of the City of San Rafael finds and determines that: WHEREAS, on March 10, 2006, West Bay Builders, the project sponsor, submitted an application to the Community Development Department requesting approval of a Rezoning from Medium Density Residential (MR2.5) District to Medium Density Residential (MR2) District to allow redevelopment of the property at 524 Mission Avenue for townhouse condominiums and applications for an Environmental and Design Review Permit (ED06-24) and Tentative Condominium Map (TS06-01), which are being processed concurrently with the Rezoning application, and on May 24, 2006, the applications was deemed complete for processing; and WHEREAS, consistent with the requirements of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared analyzing potential environmental impacts of the project and identified potentially significant impacts on Cultural Resources. The Mitigated Negative Declaration determined that project impacts could be mitigated to less -than -significant levels through implementation of recommended mitigation measures or through compliance with recommended conditions of project approval; and WHEREAS, copies of the Mitigated Negative Declaration were made available for a 30 - day review period by pertinent agencies and interested members of the public, commencing on July 17, 2006; and WHEREAS, on August 15, 2006, the Planning Commission held a duly -noticed public hearing on the proposed project and the Mitigated Negative Declaration, based upon comments received from State agencies and local citizens in response to the Initial Study, it was determined that there could be potentially significant impacts to Cultural Resources; and WHEREAS, on November 14, 2006, a Notice of Preparation (NOP) was circulated for a 30 -day review period and based on the comments received, a Draft Environmental Impact Report (DEIR) was prepared to address the potentially significant impacts related to Cultural Resources and Utilities and Infrastructure; and WHEREAS, the DEIR was circulated for a 45 -day public comment period beginning on April 4, 2007 and closing on May 18, 2007; and WHEREAS, the Planning Commission held a duly noticed public hearing to accept comments on the DEIR on May 15, 2007 and directed staff to prepare a Final Environmental Impact Report (FEIR); and WHEREAS, on June 26, 2007, the Planning Commission considered the responses to comments contained in the FEIR (Final EIR Responses to Comments Document, June 2007) and recommended the City Council certify the FEIR in that it complies with the requirements of Section 15132 of the CEQA Guidelines. In addition, a Mitigation and Monitoring and Reporting 0% ra�;i 1 Program has been prepared to outline the procedures for implementing all mitigation measures in the FEIR; 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 desires and intends to use the FEIR prepared for the 524 Mission Avenue project and the General Plan 2020 EIR pursuant to Public Resources Code Section 21083.3, as the environmental documentation required by CEQA for the discretionary actions required for this project by the City; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby certify the FEIR based on the findings that: The Final Environmental Impact Report (FEIR), which consists of the Draft Environmental Impact Report dated April 2007, and the Response to Comments Document dated June 2007 has been prepared in accordance with CEQA, including Public Resources Code Section 21083.3, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. 2. The City Council has exercised its independent judgment in evaluating the FEIR and has considered the comments received during the public review period on the DEIR. 3. A Mitigation Monitoring and Reporting Program has been prepared to ensure implementation of and compliance with all measures required to mitigate all but one significant impact to less -than -significant levels. 4. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment in that mitigation measures recommended by the Final EIR and included in the Mitigation Monitoring and Reporting Program have been incorporated as conditions of project approval and are within the responsibility and jurisdiction of the City of San Rafael to assure implementation, as follows: a. Impact CULT -2: Ground -disturbing activities associated with site preparation, building foundations and underground utilities could adversely affect unique archaeological resources. (FEIR, p. 13) Findina: The Mitigation Measure listed as Mitigation Measures CULT -2 and CULT -3 (FEIR, p. 13) has been incorporated into conditions of project approval (Conditions 3 and 4), which would reduce the impact to a level of insignificance and is within the responsibility of the City to enforce. The Draft EIR determined that demolition of the structures at 524 Mission Avenue would constitute a significant impact since these structures were found to be eligible for listing on the California Register of Historical Places (Impact CULT -1 DEIR p. 34-44). Mitigation measures were identified in the Draft EIR and refined in the Final EIR, including retaining the existing mature Ash and Sycamore street trees and providing copies of the historical report and photographs of the existing units to the Marin History Museum and Public Libraries, but these measures would not reduce the level of impact to an insignificant level and the impact would remain significant and unavoidable. 6. Specific economic considerations make infeasible the reuse and rehabilitation of the historic structures at 524 Mission Avenue (the Preserve and Renovate Alternative, DEIR p. 58-60 as well as the Relocate and Renovate Alternative, DEIR p. 61-63) since rehabilitation costs, excluding land value and associated financing costs, substantially exceed the potential revenues from renting the units as market -rate housing as demonstrated by the cost estimates for renovation of the dwelling units for reuse as code -complying rental housing units provided by the project applicant. The applicant also provided estimates for relocation of the units that also would involve land purchase and renovation of the units in a new location, which would substantially increase costs above those for the Preserve and Renovate alternative with no increase in rental income, making the Relocate and Renovate Alternative even less feasible. The No Project/No Development Alternative (DEIR, p. 58) is not feasible since retention of the duplex units at 524 Mission Avenue without extensive renovations would be in violation of Section 12.42.080 of the San Rafael Municipal Code due to the presence of numerous violations of the California Building Code and the Uniform Housing Code. 8. Mitigation measures contained in the General Plan 2020 EIR that address potentially significant offsite impacts and cumulative impacts of the project have been undertaken by the City of San Rafael or are required to be implemented as part of this project pursuant to Public Resources Code Section 21083.3, subdivision (c). Some mitigation measures contained in the General Plan 2020 EIR, however, are not applicable to the project site in that the site is greater than 500 feet from Highway 101 in terms of air quality effects on sensitive receptors, no hazardous materials exist on site requiring soil remediation, a lighting plan will be reviewed by the Design Review Board and field -reviewed by City staff after installation as conditioned, no creeks, oak woodlands or landslides are present on site, the proposed facility is not a critical facility requiring post -earthquake inspection, the site does not contain and the project does not propose a septic facility and the site is not subject to flooding due to anticipated sea level rise. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the 16`" of July, 2007, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None ICle' . JE M. LEON'CIM, City rk