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.
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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.
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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
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JE JE M. LEONC I, City Clerk