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HomeMy WebLinkAboutCC Resolution 14429 (Francisco Blvd West MUP) 2-1 RESOLUTION NO. 14429 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING: A) THE PRELIMINARY DESIGN FOR THE FRANCISCO BOULEVARD WEST MULT- USE PATHWAY (MUP); AND B) A VARIANCE (V17-009) TO REDUCE THE MINIMUM REQUIRED 50-FOOT WETLAND SETBACK FOR THE MULTI-USE PATHWAY The City Council of the City of San Rafael finds and determines that: WHEREAS, in the early 2000’s, the Sonoma Marin Area Rail Transit Agency (SMART) was formed to plan for use of the former Northwestern Pacific Railroad right-of-way for commuter rail service from Cloverdale (Sonoma County) to Larkspur. In 2005, SMART prepared and certified the Sonoma Marin Rail Transit Final Environmental Impact Report (FEIR), which analyzed the environmental impacts of developing the commuter rail service from Cloverdale to Larkspur. While the FEIR analyzed an accompanying multi-use pathway (MUP), for the segment between Downtown San Rafael and Larkspur, a separate pathway alignment was analyzed, which follows Andersen Drive; and 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 in operation; and WHEREAS, SMART has sought and secured funding for the Larkspur Extension Phase 2, which would extend the commuter rail service from Downtown San Rafael to Larkspur Landing. Federal funding was pursued and the extension project was subject to environmental review under the National Environmental Protection Act (NEPA). SMART’s Larkspur Extension is under construction; and WHEREAS, in 2016, the County of Marin initiated a feasibility study regarding the installation of an MUP within the City and SMART rights-of-way so that its alignment parallels the rail line. As follow-up to this study, a preliminary plan for an approximate 4,500-foot-long MUP has been developed to extend from Second Street to Andersen Drive; and WHEREAS, the project would remove an existing culverted portion of the ditch near Rice Drive and would fill a 716-square-foot portion of a seasonal wetland/channel paralleling Francisco Blvd West and the SMART right-of-way. The area of the wetland that is proposed to be filled is a small, isolated area that does not have a hydrologic connection to a greater waterway. Per San Rafael General Plan Policy CON-3 (Wetland Protection and Mitigation), the fill qualifies for a “waiver” from the “no fill” wetland policy and the re quired mitigation for fill; and WHEREAS, San Rafael General Plan Policy CON-4 (Wetland Setbacks) and the provisions of San Rafael Municipal Code (SRMC) Chapter 14.13 (Wetland Overlay District) set forth a minimum, development free setback (buffer) of 50-feet from a delineated wetland. Policy CON-4 allows an exception from this setback requirement if it can be demonstrated that a reduced setback/buffer provides protection to the function of the wetland to the maximum extent feasible and that the resulting values are to the satisfaction of the City following review by the appropriate regulatory agencies. A Variance application was filed (V17-009) to request the waiver and reduced wetland setback/buffer; and 2-2 WHEREAS, on December 4, 2017, the City Council held a duly noticed public hearing to review and consider approving a preliminary design and Variance V17-009 for the Francisco Boulevard West Multi-Use Pathway Project from Second Street to Andersen Drive, considered all oral and written public testimony and the written report of the Public Works Department; and WHEREAS, the MUP is defined as a “project” under the provisions of the California Environmental Quality Act (CEQA) Section 15063 and is therefore subject to environmental review. An Initial Study was prepared supporting the adoption of a Mitigated Negative Declaration, which is accompanied by a Mitigation Monitoring and Reporting Program (MMRP). By separate resolution, the City Council adopted the Mitigated Negative Declaration and approved the MMRP; 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 approves the preliminary design of the MUP, which authorizes the Public Works Director to issue a formal Notice to Proceed to BKF Engineers to finalize the design Plans, Specification and Estimate for the MUP Project based on the following findings: 1. The project is consistent with the San Rafael General Plan 2020 Circulation Element, specifically: a. Goal 13 Mobility of all Users – This project provides better mobility, access and alternative paths of travel through San Rafael. b. Goal 15 Connections - This project will allow for additional connectivity to downtown services such as SMART, Transit, Businesses and other amenities. c. Goal 16 Bikeways – This project provides a Class 1 multi-use pathway and connects to existing bicycle facilities to Larkspur landing as well as downtown San Rafael. d. Goal 17 Pedestrian Pathways – This project provides more access for pedestrians on a new Class 1 multi-use pathway. 2. This project is compliant with the intent of Measure Q to provide a commuter rail service and access pathways along SMART’s right of way. BE IT FURTHER RESOLVED, that the City Council approves Variance V17-009, to permit approval of the MUP design with a wetland setback that is less than the minimum 50 -foot setback required by General Plan 2020 and the SRMC Chapter 14.13 (Wetland Overlay District) based on the following findings: 1. There are special and unusual circumstances applicable to the property for which the strict application of SRMC Section 14.13.040.B.2 (minimum 50-foot development-free setback/buffer from a designated wetland) significantly deprives the subject property from the privileges enjoyed by other property in the vicinity and under identical zoning conditions in that: a. The area contains a narrow and isolated jurisdictional wetland, which has not hydrologic connection to other greater waterways in the area. The jurisdictional wetland is surrounded by intense, urban development, making this area undevelopable unless this wetland is filled. To comply with General Plan Conservation Element Policy CON-3 (Wetland Protection and Mitigation), which is to avoid filling the wetland, the amount of 2-3 remaining land area for development of the essential uses and facilities make it impossible to achieve. b. Full compliance with the minimum 50-foot development free wetland setback/buffer as required by Policy CON-4 and the provisions of the zoning ordinance is impossible, as it would not result in adequate land area for to accommodate the proposed MUP, the Francisco Boulevard West and the SMART right-of-way. c. The 0.9-acre jurisdictional wetland is exclusive and unique to the project site in that it does not extend to developed lands north, east or south of the site. 2. The granting of this variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which these properties are situated. As stated in Finding #1, the subject property is unique in that it contains a narrow and isolated jurisdictional wetland, which is not present on properties immediately contiguous to the project site. 3. That granting the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations for the zoning district in which the subject property is located. As stated in Finding #1, the subject property is unique in that it contains a narrow, isolated jurisdictional wetland, which is not present on properties immediately contiguous to the project site. 4. The granting of this Variance to waive the City’s wetland setback requirements of SRMC Section 14.13.040B.2 would not be detrimental or injurious to property or improvements on or near the development site, or to the public health, safety or general welfare. The CEQA Initial Study/Mitigated Negative Declaration – Francisco Boulevard West Multi-Use Pathway and Andersen Drive to Mahon Creek Pathway, San Rafael, CA (October 2017), which has been adopted by separate resolution of the City Council concludes and finds: a. As determined by qualified wetland expert, t jurisdictional wetland located on the site is isolated and has limited biological resource value. By avoiding the filling of this wetland to comply with Conservation Element Policy CON-3, the waiver from the wetland setback/buffer policy and zoning standard is necessary. b. The health and general welfare of the wetland would not be compromised by permitting a reduced setback/buffer provided that adequate protection measures are incorporated into the project design. The project is designed to incorporate protective measures and improvements within the setback/buffer. c. The waiver and the reduce wetland setback/buffer has been reviewed by a qualified wetland expert who finds that it is adequate and acceptable as there are measures and improvements in the MUP design to ensure the protection of the wetland. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 4th day of December, 2017, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2-4 ESTHER C. BEIRNE, City Clerk PW MUP CEQA Reso 12 4 17