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HomeMy WebLinkAboutCC Resolution 14065 (PW Andersen Dr SMART)RESOLUTION NO. 14065 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE ANDERSEN DRIVE/SONOMA MARIN AREA RAIL TRANSIT (SMART) RIGHT-OF-WAY AT -GRADE CROSSING (ALTERNATIVE 6) The City Council of the City of San Rafael finds and determines that: WHEREAS, in 1997, the City extended Andersen Drive north from the intersection of Francisco Boulevard West to A Street in Downtown San Rafael. As part of this road extension, the City paved over the existing railroad track along the former Northwestern Pacific Railroad right-of-way (now SMART right-of-way). The California Public Utilities Commission (CPUC) authorized the construction of the road crossing, but ruled that this authorization would expire once regular train service was scheduled through Andersen Drive. The CPUC ruling directed that, once train service is scheduled through this crossing, the City must apply to CPUC for authorization to continue utilization of this road crossing; and 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 roadway crossings along the rail line, it acknowledges that the Andersen Drive/SMART at -grade crossing (ref. Crossing MP 16.0) is not permitted by CPUC, and thus the FEIR did not analyze the current at -grade crossing condition for the establishment of rail service; 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 under construction and is scheduled to be completed in 2016; and WHEREAS, SMART has sought and secured funding for Phase 2, which would extend the commuter rail service from Downtown San Rafael to Larkspur Landing, which includes a crossing at Andersen Drive. Federal funding was pursued and the extension project was subject to environmental review under the National Environmental Protection Act (NEPA); and WHEREAS, in 2014, in preparation for Phase 2, SMART requested that the City study and address the Andersen Drive/SMART crossing consistent with the CPUC ruling, which is to apply for and secure authorization to continue utilization of this crossing with the Phase 2 SMART operations. In response, the City identified and studied options/alternatives for this crossing; and WHEREAS, consistent with NEPA Guidelines, an Environmental Assessment was prepared assessing the environmental impacts of the SMART extension from Downtown San Rafael to Larkspur. This NEPA document entitled, Downtown San Rafael to Larkspur Extension Environmental Assessment- SMART (December 2014) was completed and published. The Environmental Assessment analyzed six Andersen Drive/SMART rail crossing options/alternatives including Alternative 6, "At -Grade Crossing with Additional Storage Capacity." On May 20, 2015, the U.S. Department of Transportation, Federal Transit Administration issued a "Finding of No Significant Impact" (FONSI) based on this Environmental Assessment. The Environmental Assessment can be accessed for review at htti)://www2.sonomamarintrain.or2/index.vhD/docs/eir/; and WHEREAS, the City staff selected Alternative 6 as the preferred crossing design to pursue CPUC approval. As required by the California Environmental Quality Act (CEQA) Guidelines, it was determined that the Alternative 6 proposal is defined as a `project,' making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared to determine the potential environmental impacts of the project. The Initial Study is supported by several technical studies and reports, including the analysis of the seven crossing options/alternatives. These crossing options/alternatives are presented in the City of San Rafael - Andersen Drive- Report on Analysis of Alternatives to Accommodate Rail Service, Final Report (January 2015) and the Report of Analysis of Alternatives to Accommodate Rail Service- Analysis of Alternative 7 (memorandum dated October 9, 2015), which are incorporated as Appendix A of the Initial Study; and WHEREAS, in preparing the Initial Study, an offer of tribal consultation was made to the local Native American Tribe (Federated Indians of Graton Rancheria) consistent with Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52). On September 15, 2015, the Federated Indians of Graton Rancheria responded to the offer of consultation requesting specific mitigation measures that require cultural monitoring during project construction. The Initial Study has incorporated this request (Mitigation Measure C-1); and WHEREAS, as demonstrated in the preparation of an Initial Study, the proposed project would result in a number of significant environmental impacts for which mitigation is recommended to reduce these impacts to a less -than -significant level. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated Negative Declaration; and WHEREAS, CEQA Guidelines Section 15097 requires that a Mitigation Monitoring and Reporting Program (MMRP) be prepared to identify how mitigation measures recommended in the Initial Study will be implemented if the project is approved. The MMRP must identify how the mitigation measures are met, the entity responsible for carrying out the mitigation and the timing for completion of the mitigation. The MMRP must be approved prior to or concurrent with the project. An MMRP has been prepared addressing these requirements and is presented in attached Exhibit A to this resolution; and WHEREAS, pursuant to CEQA Guidelines Section 15073, on December 15, 2015 (revised December 18, 2015), the City published a Notice of Intent to Adopt a Mitigated Negative Declaration. The Initial Study/Mitigated Negative Declaration was made available for 40 -day public review period. Comments received on the Initial Study/Mitigated Negative Declaration were reviewed and responses have been provided by AECOM, as presented in a memorandum to the City Council (dated January 27, 2016), which is on file with the City Clerk; and WHEREAS, on February 1, 2016, the City Council held a duly noticed public hearing to review and consider the Initial Study/Mitigated Negative Declaration and MMRP, considered all oral and written public testimony and the written report of the Public Works and Community Development Departments; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the City Clerk. 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts the Mitigated Negative Declaration prepared for the Andersen Drive/SMART At -Grade Crossing (Alternative 6) based on the following findings: The Initial Study/Mitigated Negative Declaration has been prepared in accordance with CEQA, the CEQA Guidelines, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. Further, in preparing the Initial Study/Mitigated Negative Declaration, the City followed the steps and procedures required by Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52) by offering and completing tribal consultation with the local Native American Tribe (Federated Indians of Graton Rancheria). As a result of this consultation, mitigation measures required to address potential archaeological resources have been incorporated into the Mitigated Negative Declaration. 2. As prescribed by CEQA Guidelines Section 15073, a public review period of a minimum of 30 days was observed for public comment (40 -days observed commencing on December 15, 2015 and closing on January 25, 2016). Comments received during the public review period have been reviewed and responses to these comments have been provided and are presented in a Memorandum to the City Council from AECOM, dated January 27, 2016, which is on file with the City Clerk. The Mitigated Negative Declaration has been presented to the City Council who has reviewed and considered the information in the Initial Study, which includes technical studies and assessments supporting the findings and conclusions for adopting a Mitigated Negative Declaration. Further, the City Council finds that the studies and assessments prepared for the Initial Study are adequate and complete to support the adoption of a Mitigated Negative Declaration. 4. The City Council has exercised its independent judgment in evaluating the Initial Study and has considered the comments received during the public review period and public hearing. Based on this review, the City Council has determined that the project will: a) result in potentially significant impacts related to biological resources, cultural resources, geology and soils, hazards and hazardous materials and noise for which mitigation measures are required; and b) result in either no environmental impacts or impacts that are deemed to be less -than -significant in other topic areas listed in the Initial Study Checklist. BE IT FURTHER RESOLVED that the City Council approves the Mitigation Monitoring and Reporting Program (MMRP) to support approval of the Andersen Drive/SMART At -Grade Crossing project (Alternative 6, At -Grade Crossing with Additional Storage Capacity) based on the following findings: 1. The MMPR has been prepared consistent with the requirements of CEQA Guidelines Section 15097 in that it: a) incorporates all mitigation measures recommended in the Mitigated Negative Declaration; and b) includes the appropriate steps and requirements to ensure that these mitigation measures are implemented and that impacts are reduced to levels of less -than -significant. 2. The MMRP meets the requirements of Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52) in that it acknowledges completion of required consultation with the 3 local Native American Tribe and incorporates measures (Mitigation Measure C-1) to ensure that the potential for encountering cultural resources are addressed during construction. I, ESTHER BEIRNE, City 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 said City held on Monday, February 1, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: Gamblin ABSENT: COUNCILMEMBERS: Bushey st , ESTHER C. BEIRNE, City Clerk Attachment: EXHIBIT A- Mitigation Monitoring and Reporting Program (MMRP) 2