Loading...
HomeMy WebLinkAboutCC Resolution 8632 (Medical Office Building EIR)NO. 8632 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE OAKRIDGE APARTMENTS, A 176 -UNIT APARTMENT COMPLEX TO BE LOCATED AT THE INTERSECTION OF SMITH RANCH ROAD AND DEER VALLEY ROADS, INCLUDING THE SUBDIVISION OF A 2.0 ACRE PARCEL FOR THE FUTURE DEVELOPMENT OF A MEDICAL OFFICE BUILDING. WHEREAS, In April of 1989 a parcel map application for the subdivision of a two -acre parcel and rezoning, use permit and environmental and design review applications were submitted for the development of a 176 - unit apartment complex on the subject property; and WHEREAS, the initial study determined that a focused EIR should be prepared for the project; and WHEREAS, John Roberto Associates, environmental consultants, were selected by the City of San Rafael to prepare an EIR which complies with the California Environmental Quality Act (CEQA) and the CEQA Guidelines; and WHEREAS the proposed scope of the EIR was reviewed at a noticed regular meeting of the San Rafael Planning Commission on October 5, 1989, at which time the scope was modified by the Commission in response to comments made during the meeting; and WHEREAS, a draft EIR entitled "Oakridge Apartments Draft Environmental Impact Report", dated March 6, 1990, was prepared by John Roberto Associates pursuant to the modified scope; and WHEREAS, a Notice of Completion of a Draft DTR dated March 10, 1990, was logged at the State Clearinghouse and the Draft Environmental Impact Report was circulated for a duly noticed 30 -day public review period which began March 10, 1990, and which was closed on April 10, 1990; and WHEREAS, the draft EIR was reviewed at a meeting of the Planning Commission open to public comment, on March 27, 1989, at which time the Planning Commission directed staff to prepare a final EIR document; and WHEREAS, John Roberto Associates assembled all written comments received prior to expiration of the public review period on April 10, 1990, and minutes of the March 27, 1990, Commission meeting, which minutes contain oral comment made during the meeting; and WHEREAS, John Roberto Associates prepared responses to comments and other elements of the Final EIR and a document entitled "Oakridge Apartments Final Environmental Impact Report (Response to Contents)" dated September 14,1990; and � g�e32 RESOLUTION Page 2 WHEREAS, on May 9, 1989, the Commission held a public meeting in which public comment was accepted, for the Commission to review and consider the September 14, 1990 Final EIR, in conjunction with a staff report dated October 9, 1990, which includes discussion of the accuracy and completeness of hydrology data, the Smith Ranch Pond water levels, impacts associated with the project site for dust control, use of treated wastewater to supplement water supply to Smith Ranch Pond, accuracy of the soils and geology report, the pocket wetland concept, and the pond co -management plan; and WHEREAS, following its review and consideration on October 9, 1990, the Commission requested additional information, as is described in the meeting minutes and, without taking action to certify the Final EIR, continued the hearing on the Final EIR; and WHEREAS, an addendum response to comments entitled "Addendum Response to Comments for the Oakridge Apartment project and 2 lot subdivision, dated December 21, 1990, was prepared by John Roberto Associates to address the additional information requested by the Commission: and WHEREAS, on January 11, 1991, City staff distributed to the Commission the Addendum documents and a staff report dated January 15, 1991; and WHEREAS on January 15, 1991, the Commission reviewed and considered the Addendum Response to Comments document in conjunction with the draft EIR, and the September 14, 1990 Final EIR document; and WHEREAS, the Planning Commission is the decision-making body of the lead agency with respect to the project application which consists of Use Permit, Environmental and Design Review and subdivision applications; and WHEREAS, the City Council is the decision-making body of the lead agency with respect to the Rezoning application; and WHEREAS, the Environmental Impact Report identified significant environmental impacts which would result from approval of the Rezoning, Environmental and Design Review, subdivision and use permit applications; and WHEREAS, Section 15091 of the California Environment Quality Act requires the Commission to make certain findings when the Environmental Impact Report identified one or more significant impacts which would or would likely result from approval of this applications; and RESOLUTION Page 3 WHEREAS, the substantial evidence and statements of fact relied upon by this Council to comply with Section 15091 are set forth as follows: SECTION A. SIGNIFICANT INTACTS (1) Project construction and occupation will block or hinder animal movement to and from the Smith Ranch Pond. The only way to effectively mitigate this wildlife impact is to develop an alternative project which is restricted to the development acres as shown in Figure S-1(See Exhibit A of Planning Commission staff report dated 1/28/92). Findings: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. Statement of Facts: Planning Department conditions #9 and 136 substantially mitigate the impacts by requiring that development on both the 2.0 acre parcel and the Oakridge Apartment parcel be located outside the wildlife corridor as depicted on Figures 19 and S-1 of the Draft Environmental Impact Report (see Exhibits A and I of the Planning Commission staff report dated 1/28/92). In addition, Planning Department conditions #10413 require that the following be required for the development of the 2.0 acre parcel: (10) All improvements, including parking lot, roadway and buildings shall be set back 100 feet from the edge of the pond. (11) A landscape berm, dense vegetation and solid fence at least five feet high shall be constructed around the perimeter of the parking lot. (12) Outdoor lighting for the parking lot and medical building shall be designed to light the development area and not cast light toward the pond or the wildlife corridor. (13) The wildlife corridor on the parcel shall be planted with native grasses, shrubs and trees to provide cover for wildlife utilizing the corridor. (2) Approximately 100.8 tons of dust would be generated during the 12 - month project construction period. Could affect nearby residents. Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. RESOLUTION Page 4 Statement of Fact: Planning Department condition #118 requires the project site to be watered during site grading and construction and that temporary gravel be placed on all unpaved access roads during site grading and construction. (3) Steep slopes from the quarry work are stable; however some areas may experience further sliding and erosion. Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. Statement of Facts: Planning Department conditions require the following: (a) That the final grading plan be consistent with Exhibits C and D of the Planning Commission staff report dated 1/28/92, as recommended by the Final EIR document and that all grading be consistent with the findings and recommendations of the geotechnical investigation report, prepared by Harding Lawson Associates, dated November 1, 1989. Subsequent recommendations submitted by the City's Geotechnical Review Board (Donald Herzog Associates) shall be incorporated into the final plan. (b) That cut -and -fill slopes shall not exceed 2:1 but in deeper portions of the planned cuts, steepening to 1.5:1 or steeper may be feasible depending on the competence of the rock exposed. Fill slopes shall be trimmed or compacted to expose a dense surface and shall be planted with deep-rooted vegetation to resist erosion. Benches shall be installed on fill and cut slopes every 30 feet in vertical height. Benches shall have a minimum width of 8 feet and shall be sloped back to a lined ditch. (c) That site winterization be required to minimize erosion damage if grading continues during the rainy season. The rainy season months are identified by the Public Works Department. Specific requirements for implementation of winterization shall be developed in consultation with the project civil engineer. (4) Soil above the northwest part of the site in open space is unstable and subject to surficial landslides. Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. RESOLUTION Page 5 Statement of Facts: Planning Department conditions require the following: All loose and potentially unstable soils in the open space areas in the upslope drainage swales northwest of the proposed development area be removed to their full depth across the swales along the property line north of the planned apartments units and a stability buttress fill and/or deflection berms be constructed to protect the downslope structures. Location of deflection berms shall be consistent with Figure R-4 in the Final EIR document (see Exhibit K of the Planning Commission staff report dated 1/28/92). (5) Earthwork at the northeast corner of the site and at cut -and -fill locations is necessary to execute grading plan. Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. Statement of Facts: Planning Department conditions require the following: (a) Prior to the commencement of grading, the site shall be stripped and cleared of all vegetation, organic matter, deleterious debris, and buried obstructions. Stripped vegetation and organic matter shall not be used as engineered fill. Debris shall be disposed of off-site. Holes resulting from removal of buried obstructions which extend below finished grade shall be backfilled with compacted fill or crushed rock. (b) Excavated on-site soil shall be suitable for use as compacted fill. Fill material shall be free of organic matter and rock sizes larger than 6 inches in maximum size. Larger rock sizes may be used in deeper portions of the fill, provided they are not allowed to nest. In areas where the fill is to be placed, the upper 6 inches of the ground surface shall be sacrificed, moisture conditioned to near -optimum moisture content, and compacted to at least 90 percent relative compaction (7) (relative compaction refers to the ratio of the in -lace dry density to the maximum dry density of the same soil type (expressed as a percentage) as determined by ASTM D 1557-78 test method). Fill shall not be placed when free water is present. If soft natural soil or fill is encountered in areas to be developed, it should be excavated and replaced with properly compacted fill. Fill and utility trench backfill shall be placed in thin uniform lifts of 8 inches or less, moisture conditioned to near optimum content, and compacted to at least 90 percent relative RESOLUTION Page 6 compaction. The upper 6 inches of all pavement subgrades (including the garage pavement subgrade) shall be compacted to at least 95 percent relative compaction. The subgrade shall remain moisture conditioned until covered by the pavement section. Aggregate base shall conform to current Caltrans specifications. (6) Poor subsurface drainage and concentrated surface runoff render unstable the soil mantling the slopes surrounding the site. Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. Statement of Facts: Planning Department conditions require the following: (a) Lined surface drainage ditches shall be installed to control soil erosion and reduce infiltration of surface water. The ditches shall be installed along the top of cut slopes, along cut -and -fill benches, and along the bases of long continuous slopes where significant runoff could occur. (b) Positive surface drainage shall be established and maintained near structures and pavements at all times so that ponding of surface water and roof runoff does not occur. Positive surface drainage may be established by providing a gradient of at least 2-5 percent for a distance of at least 5 feet outside building perimeters and further maintained by a gradient of 1-2 percent to an appropriate drainage outlet. Roof runoff shall be directed away from the foundations of all structures. (c) Subdrains shall be required consistent with Figure R-4 in the Final EIR document (see Exhibit K of the Planning Commission staff report dated 1/28/92). These subdrains shall extend below the zone of potentially unstable soil as determined by a field engineer. (7) Grading and disturbance of hilltops may increase sediment yields during construction; overland flow velocity is faster over paved surface, while runoff is concentrated. Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. RESOLUTION Page 7 Statement of Facts: Planning Department conditions require the following: Erosion control measures are necessary on the hill slopes above the project site. The following erosion control methods shall be required to avoid sedimentation of the pond and the project site itself: (1) remove unnecessary roads and trails which divert runoff from its original channels; (2) install check dams in gullies or line channel bottoms with rock riprap. The gullies on the site shall have to be surveyed to determine the appropriate location for check dams and riprap placement; and (3) apply mulches or plant bare slopes and ORV trails. Erosion control measures are necessary during the construction phase of development. Hydromulching or seeding of cut -and -fill or uncovered graded areas shall be established before the rainy season, as established by the Public Works Department. Temporary diversion of runoff from erosion -prone areas shall be considered during construction. (8) The preliminary drainage plan shows that storm water runoff from paved and landscaped areas will flow directly into the Smith Ranch pond. The water quality of the pond will deteriorate from the increase in nutrient and chemical contaminants carried from the project site by the storm sewer system. If urban runoff from the upslope areas is captured in a storm sewer system and diverted to Las Gallinas Creek, the water supply to the pond would be nearly depleted. Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. Statement of Facts: The storm water collection system has been redesigned so that hillsides and channels upslope of the development is captured, routed under the development and discharged into the pond. Urban runoff from the development will be diverted from the pond. Planning Department conditions state the following: (a) The final drainage plan for the project shall be consistent with Exhibit F in the Planning Commission staff report dated 1/28/92, as recommended by the Final EIR. (b) All water control structures designed by the project proponent shall be maintained and cleared of debris after each storm, and on a regular basis after each storm, and on a regular basis to keep free of debris, and maintain them to function efficiently. RESOLUTION Page 8 (9) Hillside cuts would result in the removal of 50% of the existing grassland -scrub habitat which provides wildlife habitat to resident animals living in the adjacent mixed Oak woodland, and wildlife visiting the park. Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. Statement of Fact: The revised grading plan for the project has been modified to significantly reduce the amount of grading necessary on the hillside. This reduces the estimated loss of existing grassland -scrub habitat from 50% to less than 20%. Planning Department conditions state the following: (a) Improvement of off-site habitat shall be proposed to help off -set the loss of on-site grassland -scrub habitat. Adjacent City -owned lands shall be included in weed removal, erosion control and revegetation plans. (b) All cut -and -fill areas on site shall be revegetated with native grassland and scrub species. These specifications shall be incorporated into the final landscape plan for the project. All revegetation plans, including provisions for temporary irrigation and replacement to ensure plant establishment, shall be reviewed by a qualified vegetation specialist. (c) All invasive exotics (pampas grass, Scotch and French broom) on the project site and in the adjacent public open space shall be removed before on-site grading begins and shall be monitored for a 5 -year period to preclude re-establishment on exposed mineral soils. (d) Erosion scars and gullies on site shall be repaired and revegetated to help offset erosion damage and loss of the grassland -scrub habitat. Mechanical stabilization and erosion control shall be used. Where hydroseeding is necessary, non- persistent, quick growing grasses like red oats (Avena sativa) shall be utilized. This material shall be incorporated into the final landscape plan. (10) Domestic pets (cats and dogs) of apartment dwellers will disrupt wildlife activity at the pond and on the open spacelands to the east and north. RESOLUTION Page 9 Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. Statement of Facts: Planning Department condition #137 requires that: A solid board or vinyl -covered chain-link fence shall be constructed around the apartment project site, as depicted on Figure 19 in the Draft Environmental Impact Report (see Exhibit I of the Planning Commission staff report dated 1/28/92). Fence details shall be shown on the final building plans for Planning Department review and approval. The fence shall be approximately 4 feet high, to discourage dog, cat and casual human entry, but low enough to be jumped by deer. Fencing shall continue along a portion of Smith Ranch Road frontage, but allow access to walkers, birdwatchers and other interested pond visitors. Native shrubs, including blackberry, shall be used to screen the fence, increase wildlife habitat opportunities and further discourage casual access. The location of the fence and stated plant materials shall be further defined by the Pond Co -Management Plan and therefore, are subject to modifications to this condition. Prior to the issuance of a building permit, a domestic (dog and cat) animal control plan shall be submitted and approved by the Planning Commission. The plan shall not allow animals unattended and without a leash within the common areas of the development or within the adjacent private and public open space parcels. The plan shall explain how the apartment management will enforce this "leash law". (11) Construction is expected to have a short-term impact on the pond and its wildlife and neighboring residential areas. Finding: Changes or alterations have been required in, or incorporated into the project which mitigate or substantially lessen significant environmental effects thereof. Statement of Facts: The following Planning Department conditions mitigate the impact: On-site construction -related activities and equipment operation shall be limited to the hours of 8:00 AM to 5:00 PM, Monday through Friday only. All construction vehicles and equipment shall be properly maintained and muffled. Construction access to the site shall be limited to the proposed Deer Valley Road. RESOLUTION Page 10 Prior to any site preparation, the issuance of a grading permit or the issuance of a building permit, a fence between the pond and the development area shall be installed. The fence shall allow the free passage of the wildlife associated with the pond while acting as a barrier to vehicles, equipment and people. The fence shall enclose the entire southern tip of the project site where the pond is located and enclose the parcel of publicly owned open space that runs adjacent to Smith Ranch Road on its southern border. The Planning Department shall review and approve of the fence plans prior to its installation. NOW THEREFORE BE IT RESOLVED that the City Council for purposes of certification of the Final EIR, the Final EIR consists of the draft EIR, the Response to Comments Document and the Addendum Response to Comments document and this Resolution No. 8 6 3 2. that: BE IT FURTHER RESOLVED that the San Rafael City Council finds (a) The Final EIR has been completed in compliance with CEQA; and (b) The Final EIR was presented to the decision-making body of the lead agency and that the decision-making body reviewed and considered the information contained in the Final EIR prior to approving the project. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, California, HEREBY CERTIFY that the foregoing Resolution was duly and regularly introduced and adopted at a Regular meeting of the Council of said City held on the 16th day of March , 1992, by the following vote, to wit: AYES: Councilmembers: Breiner, Cohen, Shippey and Mayor Boro NOES: Councilmembers: Thayer ABSENT: Councilmembers: None JEANNE M. LEONCINI, City Clerk