HomeMy WebLinkAboutCC Resolution 10168 (Mahon Creek Conceptual Plan)RESOLUTION NO. 10168
RESOLUTION OF THE CITY COUNCIL ADOPTING THE MAHON
CREEK FINAL CONCEPTUAL PLAN AND APPROVING THE
MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, on October 21, 1996, the City of San Rafael Redevelopment Agency
determined the need for a Mahon Creek Plan and retained the services of professional landscape
consultants and wetlands evaluation consultants for the portion of Mahon Creek between B
Street and the Highway 101 On -Ramp; and
WHEREAS, the Redevelopment Agency, as Lead Agency for the preparation and
consideration of environmental documents for said project, completed an Initial Study,
consistent with the California Environmental Quality Act (CEQA). The Initial Study concluded
that the project has the potential to result in a significant environmental effect. A Notice of
Preparation was distributed for a 30 -day review, which included a public scoping hearing with
the Planning Commission on April 29, 1997; and
WHEREAS, the Agency has prepared a Draft Environmental Impact Report (DEIR),
Volume I - EIR Text and Appendices, dated September 17, 1997. The Agency observed a 45 -
day period for review of the document, which included a public hearing held by the Planning
Commission on November 6, 1997; and
WHEREAS, a Final Environmental Impact Report (FEIR) Response to Comments
document was completed and distributed to agencies, organizations and persons who commented
on the DEIR and on March 24, 1998, the Planning Commission recommended certification of
the FEIR; and
WHEREAS, on March 24, 1998, the Planning Commission held a duly noticed public
hearing on the proposed adoption of the Mahon Creek Final Conceptual Plan, accepting
testimony and the written report of staff and recommended City Council adoption of the Plan
and the Mitigation Monitoring and Reporting Program; and
WHEREAS, on April 20, 1998, the Redevelopment Agency held a duly noticed public
hearing on the Final EIR for the Mahon Creek Conceptual Plan and certified the FEIR; and
WHEREAS, on April 20, 1998, the City Council held a duly noticed hearing on the
Mahon Creek Final Conceptual Plan, accepted public testimony, the staff report and the
recommendation of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED, that the City of San Rafael City Council finds that
there is substantial evidence in the record showing that the project is consistent with the policies
and programs of the San Rafael General Plan 2000, the provision of the San Rafael Zoning
Ordinance (Title 14) of the Municipal Code. Further, the City Council finds that there is
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substantial evidence in the record that all impacts identified in the Final Environmental Impact
Report have been or can be mitigated to a level of less -than -significant. The City Council
hereby adopts the Mahon Creek Final Conceptual Plan and approves the Mitigation Monitoring
and Reporting Program, based on the following findings:
1. The Final Conceptual Plan coordinates the actions of development activities in and adjacent
to Mahon Creek;
2. The Plan combines and coordinates the functions of habitat, access, recreation and flood
control that must all be accommodated in Mahon Creek;
3. The Plan sets standards and design intent statement that are the starting point for the
incremental development activities relating to the long term improvement of the Creek;
4. The Plan is consistent with the policies and programs of the San Rafael General Plan 2000.
Specifically, it is consistent with the:
a) Land Use Element (LU -36d Creeks and Drainageway) in that the Final Plan requires the
replacement of wetland areas, provides improved habitat through the planting of
appropriate species, provides a pedestrian and bike path that is located as far as possible
from the top of creek and wetlands with fence and landscape buffers, and requires 50 and
25 foot setbacks from wetlands and creek top areas for the current creek configurations
and any future changes.
b) Natural Resources Element (NE -13 Protection of Environmental Resources, NE -14
Wetlands, NE -15 Wetland Buffer Areas, NE -17 Creek/Drainageway Setbacks, NE -18
Enhancement of Drainageways) in that the Final Plan provides for wetland retention,
construction of slopes suitable for habitat vegetation, setbacks of 50 feet for wetlands and
25 feet for creeks, landscape materials suitable for habitat improvements, requirements
for fences, construction limitation and an ongoing maintenance program.
c) Safety Element (S-14 Flood Control Improvements Funding, S-19 Creeks and Drainage)
in that the Plan providej�he starting point for the development of projects which can then
be proposed for fundingf'it prohibits the use of concrete lined channels. In Albert Park,
where there is a known erosion problem, natural stabilization method are to be explored.
d) Recreation Element (R-13 Bicycle Routes, R-25 San Rafael Canal and Bayfront Access)
in that the Plan provides a pedestrian and bike path from Albert Park, a major
recreational facility, to the Transportation Center and ultimately to a path on the edge of
the San Rafael Canal;
e) Circulation Element (C-23 Bicycle Routes, C-28 Buffer Areas) in that the Plan provides
the route as specified in General Plan Map GP -4c and it requires the path to be located as
far as possible for the wetland and creek areas;
5. A Mitigation, Monitoring and Reporting Program has been developed to ensure
implementation of and compliance with all conditions of approval required to mitigate
impacts. The Mitigation, Monitoring and Reporting Program has been prepared in
accordance with the provisions of the California Environmental Quality Act.
I, JEANNE M. LEONCINI, City Clerk of the City of the San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a special joint meeting
of the members of said City Council and Redevelopment Agency held on the 20th day of April,
1998, by the following vote:
AYES: COUNCIL MEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Cohen
ABSTAIN: COUNCIL MEMBERS: None
JE M. LEONCINI, City Clerk