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HomeMy WebLinkAboutCC Resolution 12314 (Mission Ave. Condominium)RESOLUTION NO. 12314 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) 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 determinates 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 (SCH No. 2006072066); 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 O1Idqili-'IaL \._3\+ Program has been prepared to outline the procedures for implementing all mitigation measures in the FEIR and is attached as Exhibit A; and WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared to outline the procedures for implementing all mitigation measures in the FEIR; and WHEREAS, the FEIR concludes that all but one impact identified in the FEIR have been or can be mitigated to a level of less -than -significant, with the exception that the proposed project would result in the demolition of structures at 524 Mission Avenue which are eligible for the California Register of Historic Places and are considered cultural resources for purposes of CEQA; and WHEREAS, the CEQA Guidelines Section 15093 requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve a project. If these benefits outweigh the unavoidable adverse environmental effects, the adverse effects may be considered "acceptable." The decision-making agency must state in writing the specific reasons to support its action based on the FEIR and/or other information in the record. The statement of overriding considerations must be supported by substantial evidence in the record; and WHEREAS, on June 26, 2007, the Planning Commission held a duly noticed public hearing on the proposed planning applications for the 524 Mission Avenue project, accepting all public testimony and the written report of the Community Development Department staff. As part of this hearing process the Planning Commission considered the draft Statement of Overriding Considerations, as well as the draft Mitigation Monitoring and Reporting Program (MMRP), which is presented in attached Exhibit A of this resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby: a) adopt the following Statement of Overriding Considerations; and b) approves the MMRP presented in Exhibit A, finding that the MMRP has been prepared in accordance with the CEQA Guidelines: STATEMENT OF OVERRIDING CONSIDERATIONS The City of San Rafael adopts the following Statement of Overriding Considerations based on information in the FEIR and other information in the project record. The City recognizes that implementation of the proposed project would result in significant adverse environmental impacts that cannot be avoided even with the adoption of all feasible mitigation measures. Despite the occurrence of these effects, however, the City chooses to approve the project because, in its view, the economic, social, and other benefits that the project will produce will render the significant effects acceptable. The following statement identifies why, in the City's judgment, the benefits of the project as approved outweigh its unavoidable significant effects. Any one of these reasons is sufficient to justify approval of the project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City would stand by its determination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this section, and into the documents found in the Record of Proceedings. 7 As discussed above, the EIR identified significant and unavoidable impacts to Cultural Resources that would result from the demolition of the structures at 524 Mission Avenue. The City finds that these impacts on Cultural Resources would be acceptable because mitigation measures have been required to reduce these impacts to the extent feasible, and on balancing the benefits to be realized by approval of the project against the remaining environmental risks, the following economic, social, and other considerations outweigh the impacts and support approval of the project: Provision of Housing and Implementation of, the San Rafael General Plan 2020. The proposed project would be consistent with the General Plan 2020 with respect to its provision of 15 housing units in a Medium Density Residential land use district. The General Plan identifies the project site for residential development and with the proposed rezoning to MR2 and applicable incentives for creation of affordable housing, the 15 -unit residential development is consistent with the General Plan. Furthermore, the residential focus of the project serves to accommodate the projected need for 2,090 additional housing units in the City by the year 2007 by adding five additional housing units to the City's housing stock. Two of these housing units would be deed -restricted for sale to low-income households. These units would contribute to the City's need for 207 low-income housing units by the year 2007. The City's approval of the project, as proposed, fully complies with and implements the policy decisions embodied in the San Rafael General Plan 2020. Smart Growth and Transit Oriented Development The project would implement "Smart Growth" principles by creating in -fill higher -density residential living units near San Rafael Downtown, which provides a full range of services and amenities within short distances from the project site. In addition, the project is considered a transit -oriented development given its proximity to public transit, with the Bettini Transportation Center located within one-half mile of the project site. The convenience of existing transit would increase transit and pedestrian trips, therefore reducing commute and short -distance auto trips, which in turn reduces regional air quality impacts. Elimination of Substandard Housing and Hazardous Conditions The project would eliminate existing substandard housing units with numerous housing, building, fire, and electrical code violations and replace them with new housing units that would be constructed to meet current housing, building, fire, and electrical code requirements. In addition, the project would eliminate multiple driveways to the project site, therefore improving traffic safety from cars backing onto Mission Avenue, a heavily traveled thoroughfare. Economically Infeasible to Rehabilitate the Existing Buildings Based on an economic feasibility study prepared for the project, the rehabilitation of the project for residential re -use would be financially infeasible due to construction costs, market rental rates, taxes, debt servicing, and estimated rates of return. Analysis of the economic feasibility to relocate the units for renovation at another site indicates that this alternative would also be financially infeasible due to the addition of land acquisition costs to the other costs and limitations identified above. 3 Provision of Construction Jobs and Investment In Prominent San Rafael Property Construction of the project will provide work for numerous individuals in the construction industry, as well as for architects, engineers, and other professionals. In addition, the project would facilitate financial investment into a prominent location near the San Rafael Downtown, improving the aesthetic and monetary value of the project site and possibly generate additional investment in the San Rafael Downtown. 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`h of July, 2007, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 4 �A. JE JE M. LEONC I, City Clerk