HomeMy WebLinkAboutCC Resolution 14113 (SMART Merrydale ROW)RESOLUTION NO. 14113
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
AUTHORIZING THE SONOMA MARIN AREA RAIL TRANSIT (SMART) AGENCY TO
UTILIZE A PORTION OF THE MERRYDALE ROAD RIGHT-OF-WAY (ADJACENT TO
380 MERRYDALE ROAD) FOR RIPARIAN RESTORATION
The City Council of the City of San Rafael finds and determines that:
WHEREAS, in 2006, the Marin and Sonoma voters passed Measure Q, establishing a
sales tax funding for the development of SMART. Phase 1 of SMART, the Initial Operating
System (IOS) is under construction and is scheduled to be completed in 2016; and
WHEREAS, the SMART project is subject to the provisions of the California
Environmental Quality Act (CEQA) Guidelines. In 2006, SMART certified the Sonoma Marin
Area Transit Final Environmental Impact Report (FEIR), which assessed the environmental
impacts associated with constructing and operating the commuter rail services. The FEIR
assessed, among many other topic areas, development and operational impacts to biological
resources. Specifically, the FEIR identified potential construction impacts on riparian vegetation.
To offset this impact, the FEIR recommended Mitigation Measure BR -6, which requires
replanting and replacing riparian vegetation followed by three (3) years of monitoring; and
WHEREAS, it has been determined that the construction of the SMART improvements
in and around the Civic Center SMART station will have direct impacts to riparian vegetation. In
response, SMART commissioned Point Blue Conservation Science to prepare the Las Gallinas
Creek Watershed Riparian Enhancement Plan (September 17, 2015). This plan recommends
riparian vegetation enhancement along two, open drainage channels that are upstream of Gallinas
Creek. One of the two open drainage channels (referred to as Zone A in the enhancement plan) is
within a portion of the City -owned Merrydale Road right-of-way, which is located adjacent to
380 Merrydale Road (Public Storage facility); and
WHEREAS, SMART is seeking City authorization to utilize a portion of the City -owned
Merrydale Road right-of-way (Zone A) to implement the enhancement plan; and
WHEREAS, as required by SRMC Chapter 14.25, SMART has filed an Environmental
and Design Review Permit (ED16-024), which is subject to administrative action by City staff.
In order to process this Environmental and Design Review Permit application, property owners
authorization is required; and
WHEREAS, in processing of ED16-024, City and SMART staff consulted with
neighborhood residents and considered the recommended actions set forth in the Civic Center
Station Area Plan vision document (amended 2013). The Station Area Plan recommends, among
others, improvements to the open drainage channels within the Plan area and a pedestrian
connection from Merrydale Road South to the Civic Center SMART station; and
WHEREAS, the proposed restoration work and implementation of the enhancement plan
are not subject to environmental review and are covered by a categorical exemption under Section
15308 of the CEQA Guidelines; and
WHEREAS, on May 2, 2016, the City Council held a duly noticed public hearing to
review and consider the request by SMART to utilize a portion of the Merrydale Road public
right-of-way for riparian restoration, considered all oral and written public testimony and the
written report of the Community Development Department; and
WHEREAS, the custodian of documents, which constitute the record of proceedings
upon which this decision is based, is the City Clerk.
NOW, THEREFORE BE IT RESOLVED that the City Council authorizes SMART to
utilize a portion of the City -owned Merrydale Road public right-of-way to implement the Las
Gallinas Creek Watershed Riparian Enhancement Plan (September 17, 2015) based on the
following findings and conditions:
FINDINGS
Authorization to permit SMART use of the City -owned road right-of-way for riparian
restoration would be consistent with the San Rafael General Plan 2020. The riparian
restoration work along the open drainage change would promote General Plan
Conservation Element Policies CON -1 and CON -8, as well as Program CON -8a by
protecting and enhancing/restoring an environmental resource (drainage way). Further,
this project is listed as a `top priority' measure in the Vision North San Rafael 2010.
2. Authorization to permit SMART use of the City -owned road right-of-way for riparian
restoration would be consistent with the Civic Center Station Area Plan vision document
(amended 2013). Consistent with the recommended actions of this vision document, the
project proposes to restore the area around an open drainage channel and maintain an
informal pedestrian connection from Merrydale Road through the southern edge of the
SMART right-of-way to Civic Center Drive.
3. Authorization to permit SMART use of the City -owned road right-of-way would promote
implementation of and would be consistent with the mission and effort of the Gallinas
Creek Watershed Program.
CONDITIONS OF AUTHORIZATION
Use of the City -owned Merrydale Road right-of-way adjacent to 380 Merrydale Road
(Public Storage facility) for riparian restoration along the open drainage channel is
authorized by the City. This authorization is subject to the approval of an Environmental
and Design Review Permit (ED16-024)and an Encroachment Permit/License Agreement.
Environmental and Design Review Permit ED 16-024 shall be conditioned to require that
the riparian restoration project be monitored for a period of five (5) years following
installation (maximum monitoring period recommended by the (Las Gallinas Creek
Watershed Riparian Enhancement Plan).
2. Authorization for SMART to utilize the City -owned right-of-way is conditioned upon
SMART's commitment to permit informal pedestrian access along the southern edge of
the SMART right-of-way from the Merrydale Road right-of-way to Civic Center Drive.
City staff shall diligently work with SMART staff to develop a connection from the
subject Merrydale Road right-of-way to Civic Center Drive that provides maximum,
feasible path/trail access.
N
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution No. 14113 was duly and regularly introduced and adopted at a regular meeting of the
City Council of said City held on Monday, the 2nd day of May, 2016, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Bushey, Gamblin, McCullough & Vice -Mayor Colin
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ABSENT: COUNCILMEMBERS: Mayor Phillips
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ESTHER C. BEIRNE, City Clerk
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