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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 1010116 �OIGII ►IQINu111u10D1'X m►rssiia ABSENT: COUNCILMEMBERS: Mayor Phillips A--.a&W ESTHER C. BEIRNE, City Clerk 3