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HomeMy WebLinkAboutCC Resolution 12858 (Target)RESOLUTION NO. 12858 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) (SCII # 2007082125) FOR THE CONSTRUCTION OF A 137,424 -SQ. FT. TARGET STORE AT 125 SHORELINE PARKWAY (APN: 009-320-45) GPA07-004; ZC07-002; UP07-018; ED07-038 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: WHEREAS, on August 21, 2006, the City Council granted a Project Selection Process (PSP) determination for a San Rafael Target Store (the project) to be located at 125 Shoreline Parkway (Parcel 6 of Shoreline Center). The PSP determination allowed the project a total of 115 A.M. and 394 P.M. net new peak hour trips. The PSP detennination was valid until August 21, 2008; and WHEREAS, on February 21, 2007, the Design Review Board reviewed a conceptual design of the project. The Board reconunended that the project address their comments regarding landscaping, proposed division of the property, lack of articulation and creativity in building design, respect for views from the Bay, screening of mechanical equipment, the view for the residents to the north, the amount of hardscape, provision of an outdoor facility for the public to enjoy, outdoor lighting, excessive parking, narrow entryway and bicycles and pedestrians; and WHEREAS, on May 11, 2007, Target applied to the City of San Rafael, Planning Division for planning permits to build an approximately 137,224 sq. ft. retail store; and WHEREAS, on September 11, 2007, the Planning Conunission held an appropriately noticed (Notice of Preparation) Public Meeting for Scoping the Environmental Impact Report for the project. The Planning Commission directed staff to prepare an Environmental Impact Report (EIR) for the project pursuant to the California Envirorunental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) addressing the following issues: Land Use and Planning, Aesthetics, Air Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Public Services, Utilities and Service Systems, Transportation/Traffic, Urban Decay, Cumulative Impacts, Growth -Inducing Impacts and project alternatives; and WHEREAS, on January 23, 2008, the Design Review Board reviewed the revised plans submitted by Target in response to the Design Review Board's and the Planning Commission's reconunendations. Following public input and discussion, the Board recommended further revisions to the project design. On May 20, 2008, the Design Review Board reviewed the further plan revisions and recommended approval of the project design; and WHEREAS, on August 18, 2008, the City Council re -granted the PSP determination initially granted on August 21, 2006, for two additional years. The PSP determination is valid to August 18, 2010; and WHEREAS, the San Rafael Target Store DEIR was circulated for a 45 -day public review period beginning September 8, 2008, and ending October 23, 2008 (SCH # 2007082125); and WHEREAS, on October 28, 2008, the Planning Commission held a duly -noticed public hearing to consider the DEIR. The DEIR concluded that the project would result in several Page I � + M significant, unavoidable impacts associated with traffic/transportation, air quality and land use. All other significant impacts identified in the DEIR could be mitigated to less -than -significant levels with implementation of the mitigation measures recommended in the DEIR; and WHEREAS, based on written and verbal 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 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 and 15089, the City has responded to all the environmental comments that were submitted on the DEIR during the public review period and a Final Environmental Impact Report (FEIR) has been completed; and WIIEREAS, following a review of the DEIR comments and responses, which include expanded discussion of impacts and mitigation measures, staff detennined that there is no substantially new information that would be cause to re -circulate the DEIR pursuant to CEQA Guidelines Section 15088.5(b); and WHEREAS, on September 11, 2009, a Notice of Availability for the Final Environmental Impact Report/Response to Continents (FEIR) was mailed to interested persons and property owners and occupants within 1,500 feet of the property and written responses to public agency continents were provided to agencies who continented on the DEIR; and WIIEREAS, on September 29, 2009, the San Rafael Planning Conlrnission held a duly - noticed public hearing on the FEIR, accepting all oral and written public testimony and the written report of the Connrnunity Development Department staff, and WIIEREAS, at the September 29, 2009 public hearing, the Planning Conunission received two letters and public continent regarding the FEIR study of biological resources, wildlife, traffic and urban decay impacts. The E1R teclinical consultants provided detailed, verbal responses to the concerns, which are reflected and suntirrarized in September 29, 2009 Planning Contilnsslon Meeting Minutes; and WHEREAS, following closure of the public hearing, the Planning Conlrnission had a lengthy discussion on the adequacy of the studies contained in the FEIR and the reconnmended mitigation measures. As a result of this discussion, the Planning Cormnission determined that no further studies were necessary to deem the FEIR as adequate. However, the Planning Continission recommended revisions to FEIR Mitigation Measures BIO4, H3, T1, T2, T3, T4 and WQ8 for the purpose of clarifying and expanding the information and to ensure appropriate implementation of the measures. The revised mitigation measures are presented in the attached Errata (Exhibit A), which is incorporated herein; WHEREAS, the Plarming Corrmnission voted 5-1 (Sonnet dissenting and Colin absent) recontinending certification of the FEIR with the incorporation of the revised mitigation measures; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Corrtinunity Development Department; and WHEREAS, on October 19, 2009, the San Rafael City Council held a duly -noticed public hearing on the FEIR, accepting all oral and written public testimony and the written report of the Conununity Development Department staff, and Page 2 NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Rafael hereby certifies the Target Store Final Environmental Impact Report based on the following findings: FINDINGS The FEIR has been completed in compliance with the CEQA Guidelines and the City of San Rafael Environmental Review Procedures following the appropriate format, content, teclunical analysis of potential impact areas, and assessment of project alternatives. Further, the prescribed public review periods and duly -noticed Planning Commission hearings were held for the initial Notice of Preparation (NOP); the Notice of Completion (NOC) for public review of the DEIR; and the Notice of Availability following publication of the FEIR. 2. The FEIR has been prepared using the City's independent judgment and analysis, and the FEIR: a. appropriately analyzes and presents conclusions on impacts; 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; and c. recommends mitigation measures to substantially lessen or avoid the otherwise significant adverse enviromnental impacts of the project. The findings and reconunendations in the document are supported by technical studies prepared by professionals experienced in the specific areas of study. The information contained in the FEIR is current, correct and complete for document certification. As a result of conunents submitted on the DEIR, the FEIN presents some additional information and recommendations to expand, clarify and support the findings of the specific studies and topic areas, which, as a result, was cause for minor revisions in the DEIR text and reconunended mitigation measures. The extent of changes to the document would not meet the threshold for re -circulation of the DEIR, as prescribed in CEQA Guidelines Section 15088.5 in that the new infornnation added to the EIR does not deprive the public of meaningful opportunity to comment upon the substantial adverse enviromnental effect of the project or a feasible way to mitigate or avoid such an effect that the project's proponents have declined to implement. In particular, the new infornation presented in the FEIN does not disclose: a. a new significant enviromnental impact resulting from the project or from a new mitigation measure proposed to be implemented; b. a substantial increase in the severity of the impacts that were disclosed and analyzed in the DEIR; or c. any new feasible project alternatives or mitigation measures considerably different from others previously analyzed that would clearly lessen significant enviromnental impacts of the project, but which the project's proponents refuse to adopt. Nor is the DEIR so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. 4. The FEIR presents factual, quantitative and qualitative data and studies, which find and support the conclusion that the project will result in several significant, unavoidable enviromnental impacts and a number of potentially significant impacts that necessitate mitigation. At the time the City considers action on the project's merits, it will be necessary to make complete and detailed findings pursuant to Public Resources Code Section 21081(a) and CEQA Guidelines Page 3 Section 15091(a). For each significant effect identified 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, snake infeasible the mitigation measures or project alternatives identified in the FEIR; and.or 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. At this time, the City is merely certifying the FEIR, recognizing it as an informational document for future project assessment. While the enviromnental document is often considered for certification concurrent with the action on the project merits and plamiing applications, certification of this FEIR, at this time, would not prejudice or bias fixture review or actions on site development. The CEQA Guidelines recognize that an enviromnental 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 the project site. If and when the Target Store project is reactivated or a new project is proposed for the subject property, the FEIR document will be reviewed to determine 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 detennine whether a Subsequent EIR, a Supplement to the EIR, or Addendum to the EIR need be prepared or if farther environmental review under CEQA is not required. BE IT FURTHER RESOLVED that the City Council of the City of San Rafael certifies the Target Store Final Environmental Impact Report incorporating the revisions presented in the attached Errata (Exhibit A). I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the 19`1' of October, 2009, by the following vote, to wit: AYES: COUNCIL MEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None EXHIBIT A: Errata THER C. BEIRNE, City Clerk Page 4 EXHIBIT A SAN RAFAL TARGET FINAL ENVIRONMENTAL IMPACT REPORT ERRATA AND SUPPLEMENT October 2009 This exhibit serves as an errata and supplement to the San Rafael Target Final Environmental Impact Report (Final EIR). The minor revisions to the following mitigation measures (in underline/ strikeout format) have been incorporated and appear in the Final EIR in order to provide expanded clarity and information to ensure effective implementation: 1. Revise Mitigation Measure BI04 Interpretive signageiftg shall be installed at the edge of the development adjacent to the coastal salt marsh to educate visitors and workers about the habitat value of the marsh. This sienaee shall be prepared in consultation with a wildlife biologist and shall be consistent with the design for Interpretive DisT)Iav Kiosks included in the Shoreline Enhancement Plan. (199 1) and the San Rafael Shoreline Park Master Plan (1989). 2. Revise Mitigation Measure 1-13 An oil -water separator is located on the BMW storage lot in the southwest corner of the site. The structural integrity of the feature was not evaluated relative to the potential for a subsurface release. Prior to issuance of grading permits, the project sponsor shall have the subsurface soils surrounding the oil -water separator sampled and tested for potential hazardous materials in accordance with local requirements. milts,. ol°., the- °�°+���� lin q g wet" -mate... the lovel,.... of r-emediatiene ff •-B tha ir,-Ff '.;ate If contaminated soils are found. thev shall be remediated iuursuant to the recoimmendations of a qualified urofessional and subiect to auiuroval of MCEHS, if required. Remediation may include, but is not limited to. removine and vrouerly disUosine of contaminated soils. 3. Revise Mitigation Measure T1 Intersection #22, Main Street and Francisco Boulevard East%I-580 Westbound Off -Ramp. Traffic analysis concludes that, with the contribution of project traffic during the AM peak hour, one of eight warrants for signalization (the Peak Hour warrant) per California MUTCD would be met. Hence, signalization is not required to approve the proposed project. However, the following mitigation measures are recommended to ensure that the intersection operates at an acceptable level of service and to address the potential, need for long-term signalization: a. Short -terns improvements. The project sponsor shall obtain Caltrans approval and implement the installation of two lanes at the westbound off -ramp (existing lane plus a separate left turn lane). Caltrans approval and lane installation shall occur prior to occupancy of the Target Store. b. Posting of bond or securities for monitoring and signalization. Prior to the occupancy of the p,ro,l)osed project, , the developer shall be required to post a bond or similar security, in a forn acceptable to the City Attorney, to cover the cost of signalizing this intersection and signalization of the I-580 Eastbound Off -Ramp at Main Street (identified as study Intersection #23 in the Draft EIR). The amount for the bond or security shall be based on a projected cost for the signalization of the two off -ramp intersections and needed, associated improvements (estimated at $500,000 in 2009 dollars). An additional amount of $10,000 shall be posted for post -occupancy monitoring and traffic analysis. c. Post -occupancy traffic study. Between 60 to 90 days Six months following occupancy and full operation of the project, the intersection shall be analyzed and modeled to determine the status of signal warrants with developed project traffic. In the event all required warrants are A-1 EXHIBIT A SAN RAFAL TARGET FINAL ENVIRONMENTAL IMPACT REPORT ERRATA AND SUPPLEMENT October 2009 met to install the off -ramp signals and associated improvements, Caltrans approval shall be obtained and the securities posted by the project sponsor shall be used to fund the installation of improvements. d. Fair share contribution for project impact. Should the post -occupancy traffic study find that the required warrants are not met to install the off -ramp signals and the needed, associated improvements; the City shall return/refund the bonds and securities but shall retain the projected fair share contribution for the project (two percent of the projected volume) and the deposit for traffic monitoring. e. Post occupancy monitoring. The City shall continue monitoring the intersection in consultation with Caltrans for a period of five years following project occupancy. If after five years of monitoring the required warrants are not met to initiate signalization, the fair share contribution shall be returned to the project sponsor. Traffic studies will be required for subsequent development projects impacting this intersection. The first development project that triggers all required warrants for signalization shall be required to obtain Caltrans approval and install the improvements recommended in this measure. 4. Revise Mitigation Measure T2 The project's impacts and contribution of traffic at this intersection will be mitigated through the implementation of the General Plan 2020 planned transportation improvements (signalized and intersection improvements). The project is --shall be subject to City -adopted traffic mitigation fees, which will field these improvements and mitigate the project's impacts at this intersection. 5. Revise Mitigation Measure T3 it is iffle ded that the As directed and detennined by the City Traffic Eneineer, intersection phasing shall be adjusted so that: a) maximum greens on the northbound -through and southbound -through movements are decreased; and b) the maximum greens on the eastbound - through and westbound -through movements are increased. The project sponsor shall pay the full cost of implementing this measure. 6. Delete Mitigation Measure T4 This mitigation measure was erroneously included in Table 2-1 (Suininary of Impacts and Mitigation) of the Final E1R. The requirements of Mitigation Measure T4 are covered by Mitigation Measure T1 and, therefore, the measure is deleted from Table 2-1. 7. Revise Mitigation Measure WQ8 Prior to issuance of a grading permit, the project sponsor shall prepare and submit a detailed stormwater drainage plan that would shall include directing runoff, to the extent feasible, to the City -owned drainne D,ond north of the site and stonnwater retention and/or metering measures (e.g., on-site detention basin or CDS system) that would reduce the amount of storm water flow to the 18 -inch storm drain line on Shoreline Parkway. Project stonnwater flow to the storm drain line shall be no more than 15 cfs during storm events up to and including the 100 -year event. The stormwater drainage plan shall be reviewed and approved by the City Engineer. A-2