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
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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