HomeMy WebLinkAboutCC Resolution 14946 (San Rafael General Plan 2040 and Downtown Precise Plan) 1
RESOLUTION NO. 14946
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE SAN RAFAEL
GENERAL PLAN 2040 AND DOWNTOWN SAN RAFAEL PRECISE PLAN
(CASE NOS. GPA16-001; P16-013; ZO21-003; ZC21-002; ZC21-004) (SCH
#2019039167)
WHEREAS, every city and county in California is required to prepare a long-range
comprehensive, general plan for its future. San Rafael’s existing General Plan 2020 was
adopted in 2004 with a horizon year of 2020. In 2017, the City initiated a General Plan
Update (San Rafael General Plan 2040) in order to move the Plan’s horizon forward 20
years to 2040; and
WHEREAS, in late 2018, the City received a One Bay Area Grant to fund the
preparation of a focused Plan for Downtown San Rafael, the Downtown San Rafael
Precise Plan (Downtown Precise Plan), under the umbrella of the San Rafael General
Plan 2040. The Downtown Precise Plan was budgeted and scoped to include a “form-
based code” to regulate zoning for the Downtown Precise Plan area, replacing the existing
zoning and many of the existing zoning code regulations (SRMC Title 14, Zoning) that are
applicable to the Downtown area; and
WHEREAS, in Fall 2020, the City completed and released the Draft General Plan
2040 and the Downtown Precise Plan for public review. City staff prepared and released
accompanying amendments to the San Rafael Municipal Code (SRMC Title 14 – Zoning)
to establish a new zoning district for Downtown, and address and incorporate the
Downtown Precise Plan “form-based code;” and
WHEREAS, collectively, the San Rafael General Plan 2040 and the Downtown
San Rafael Precise Plan, as well as accompanying amendments to the SRMC Title 14,
Zoning are defined as a “project” under the California Environmental Quality Act (CEQA).
Therefore, environmental review is required; and
WHEREAS, as the project is subject to environmental review, on November 15,
2018, in accord with Public Resources Code Sections 5097.94, 21073, 21074, 21080.3.1,
21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, including the directives of Assembly
Bill 52 (AB 52) and Senate Bill 18 (SB 18), the Community Development Department staff
sent an offer for tribal consultation to the representatives of the Federated Indians of the
Graton Rancheria (Federated Indians). Tribal consultation is required for all projects that
propose preparing a CEQA document. The purpose of the tribal consultation is to consult
with the local tribe representatives on potential impacts to Native American places,
features and objects described in the California Public Resources Code. The prescribed
30-day period was observed for the Federated Indians to respond to the offer for tribal
consultation; and
WHEREAS, on March 29, 2019, the City of San Rafael issued a Notice of
Preparation (NOP) that announced the initiation of the EIR process and solicited
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comments regarding the scope of issues to be included and studied in the EIR. The NOP
provided a 30-day review period for public comment. On April 23, 2019, the Planning
Commission held an appropriately noticed public scoping hearing on the NOP. The
Planning Commission directed staff to prepare an EIR for the Project pursuant to the
California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) to
address the following issues: Aesthetics, Agricultural and Forestry Resources, Air Quality,
Biological Resources, Cultural and Tribal Cultural Resources, Energy, Geology and Soils,
Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water
Quality, Land Use and Planning, Mineral Resources, Noise and Vibration, Population and
Housing, Public services and Recreation, Transportation, Utilities and Service Systems,
Wildfire, and a reasonable range of alternatives to the project; and
WHEREAS, per the CEQA Guidelines, the Draft EIR (DEIR) was prepared,
released, and circulated for a 61-day public review period beginning January 7, 2021 and
ending March 9, 2021 (State Clearinghouse # 2019039167). The Draft EIR incorporates
and is supported by technical studies and reports provided in Appendices A through I of
the document; and
WHEREAS, the DEIR incorporates and assesses the Year 2040 Buildout
Projections for households, residential units, total population, and employment. Further,
the DEIR concludes that buildout of the Plans would result in significant, unavoidable
impacts associated with Air Quality, Cultural Resources, Greenhouse Gas Emissions, and
Transportation. All other significant impacts identified in the DEIR were identified to be
mitigated to less-than-significant levels with implementation of mitigation measures
recommended in the DEIR; and
WHEREAS, on March 9, 2021, the Planning Commission held a duly noticed
public hearing to consider and accept comments on the DEIR. Based on written and oral
comments received from the public on the DEIR and its own review of the DEIR, the
Planning Commission directed staff to prepare a Final Environmental Impact Report
(FEIR) and respond to comments received on the DEIR; and
WHEREAS, pursuant to Public Resources Code Section 21091(d)(2)(A) and
CEQA Guidelines Sections 15088, 15089 and 15132, the City responded to all the
environmental comments that were submitted on the DEIR during the public review period
and a FEIR was completed; and
WHEREAS, on May 28, 2021, Notice of Availability for the FEIR/Response to
Comments, was mailed to responsible and trustee agencies, organizations, interested
persons and others including those persons and parties that provided written and oral
comments on the DEIR. In addition, on May 28, 2021, Notice of Availability was published
in the Marin Independent Journal; and
WHEREAS, the complete San Rafael General Plan 2040 and Downtown San
Rafael Precise Plan FEIR (FEIR) is comprised of: a) San Rafael General Plan 2040 and
Downtown San Rafael Precise Plan Draft EIR prepared by Placeworks, January 7, 2021;
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and b) FEIR/Response to Comments to Draft EIR prepared by Placeworks, May 21, 2021;
and
WHEREAS, the City intends that the FEIR, and all applicable mitigation measures
therein, shall be used as: a) the environmental documentation required by CEQA for
adopting the San Rafael General Plan 2040 and Downtown San Rafael Precise Plan; and
b) a Program EIR for all subsequent actions required to either implement these Plans and
for individual, site-specific development project review within the geographic areas
covered by these Plans; and
WHEREAS, the City is committed to vigorous implementation of all programs it
considers necessary to lessen impacts found to be significant and unavoidable, including
implementation of its Climate Change Action Plan to reduce greenhouse gas emissions in
order to achieve or exceed State climate goals; and
WHEREAS, on June 15, 2021, the Planning Commission held a duly noticed public
hearing on the FEIR/Response to comments and considered the FEIR along with the San
Rafael General Plan 2040 and Downtown San Rafael Precise Plan, accepting all public
testimony and the written report of the Community Development Department staff.
Following its discussion, the Commission approved Resolution 2021-02 recommending
City Council certification of the FEIR; and
WHEREAS, on July 19, 2021, the City Council held a duly noticed public hearing
on the proposed project, accepting and considering all oral and written public testimony
and the written report of the Department of Community Development; and
WHEREAS, the custodian of documents which constitute the record of
proceedings upon which this decision is based, is the Community Development
Department;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies the
FEIR, appended to this Resolution as Exhibit A, based upon the following findings required
by CEQA Guidelines Section 15090:
1. The Final Environmental Impact Report (FEIR), which consists of the Draft
Environmental Impact Report (DEIR) dated January 7, 2021, and the Response to
Comments Document dated May 21, 2021 has been prepared in accordance with
CEQA, including Public Resources Code Section 21083.3, and the provisions of the
City of San Rafael Environmental Assessment Procedures Manual.
2. The FEIR has been prepared and completed in compliance with the California
Environmental Quality Act (CEQA) Guidelines and the City of San Rafael
Environmental Assessment Procedures Manual by following the appropriate format,
content, technical analysis of the potential impact areas and project alternatives
identified in the initially authorized scope of work. Further, all prescribed public review
periods and duly noticed hearings were held for the project Notice of Preparation
(NOP), Notice of Completion (NOC) for public review of the DEIR and Notice of
Availability following publication of the FEIR.
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3. The City Council has exercised its independent judgment in evaluating the FEIR and
has considered the comments received during the public review period on the DEIR.
4. The FEIR reflects the independent judgment and analysis of the City of San Rafael
Community Development Department and City Council. The City Council has
reviewed and considered all information contained in the FEIR prior to taking action
on the San Rafael General Plan 2040, Downtown Precise Plan, and amendments to
SRMC Title 14, Zoning finding that the FEIR:
a) Appropriately analyzes and presents conclusions on the impacts of the project;
b) Analyzes a reasonable range of alternatives to the project that could feasibly attain
most of the basic objectives of the project while avoiding or substantially lessening
any significant effect of the project;
c) Identifies or recommends mitigation measures to substantially lessen, eliminate or
avoid the otherwise significant adverse environmental impacts of the project, and
d) Includes findings and recommendations supported by technical studies prepared
by professionals experienced in the specific areas of study, and which are
contained within the document and/or made available within the project file
maintained by the City of San Rafael Community Development Department, the
custodian of all project documents.
5. The information contained in the FEIR is current, correct, and complete for document
certification. As a result of comments submitted on the DEIR, the FEIR provides
responses to comments received on the DEIR and provides clarification to and
incorporates edits to the DEIR text. No significant new information has been added to
the DEIR that would deprive the public of meaningful opportunity to comment upon the
significant adverse environmental effect of the project or a feasible way to mitigate or
avoid such an effect that the City has declined to implement. Specifically, no new,
significant information is presented in the FEIR that would result in, disclose, or result
in following:
a) A new, significant environmental impact resulting from the project or a new
mitigation measure needed to implement a new significant environmental impact;
b) A substantial increase in the severity of the impacts that were disclosed and
analyzed in the DEIR;
c) Any new feasible project alternatives or mitigation measures considerably different
from others previously analyzed that would clearly lessen significant environmental
impacts of the project, but which the City refuses to adopt; and
d) A finding that the DEIR is so fundamentally and basically inadequate and
conclusory in nature that meaningful public review and comment were precluded.
6. The FEIR presents factual, quantitative, and qualitative data and studies, which find
and support the conclusion that the project will result in several potentially significant
impacts that necessitate mitigation. At the time the City considers action on the San
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Rafael General Plan 2040, Downtown Precise Plan, and amendments to SRMC Title
14, Zoning, it will be necessary to make complete and detailed findings pursuant to
Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a).
For each significant effect identified in the EIR, the City will be required to make one
or more of the following findings:
a) That changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as identified
in the final EIR; that such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the finding, and
that such changes have been adopted by such other agency or can and should be
adopted by such other agency;
b) That specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the FEIR;
and
c) As the project would result in several significant, unavoidable impacts, findings of
overriding consideration will be required. Such findings will require that the City
weigh the benefits of the project with the environmental impacts that cannot be
mitigated.
7. The City Council is taking an action to certify the FEIR for the project, recognizing it as
an informational document for assessment of the project. The CEQA Guidelines
recognize that an environmental document is prepared for public disclosure of
potential project impacts and that it is used as an informational document to guide
decision-makers in considering project merits. Certification of the FEIR, as presented,
would not result in a land use entitlement or right of development for a specific project
or site. When taking action on future development projects the FEIR document must
be reviewed to determine whether it adequately assesses the impacts of the project,
and whether the circumstances presented in Public Resources Code section 21166,
as amplified by its corresponding CEQA Guidelines Sections 15162 to 15163 are
present with respect to the project to determine whether: a) a Subsequent EIR, a
Supplement to the EIR, Addendum to the EIR, or a Negative Declaration will need be
prepared; or b) further environmental review under CEQA is not required. Certification
of the FEIR prior to consideration of and taking action on future development projects
does not prejudice or bias review or actions on the proposed development project.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was adopted at a regular meeting of the City Council on the 19th day of July
2021.
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AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
LINDSAY LARA, City Clerk
EXHIBIT A (by hyperlink): FINAL ENVIRONMENTAL IMPACT REPORT