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HomeMy WebLinkAboutCC Resolution 11069 (Ranchitos Park Development)RESOLUTION NO. 11069 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTNG A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM (M 4RP) FOR THE RANCHITOS PARK DEVELOPMENT, A MULTI -USE DEVELOPMENT ON 17.6 ACRES LOCATED AT NORTH SAN PEDRO ROAD AND LOS RANCHITOS ROAD (APN 179-131-01 AND PORTION OF 179-142-3 0) The City Council of the City of San Rafael finds and determines that: WHEREAS, in February 2000, Signature Properties submitted planning applications to the City of San Rafael requesting approval of a planned development of 134 residential units, a three -acre neighborhood park, a 0.9 -acre parcel for development of a church gymnasium/classroom facility, maintenance of a PG & E gas pressure facility and a wetland mitigation area, on a 17.6 -acre site at North San Pedro Road and Los Ranchitos Road; and WHEREAS, consistent with the requirements of the City of San Rafael Environmental Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, an Initial Study was prepared finding that the proposed development had the potential to result in significant environmental effects. As a result, the City decided to prepare an environmental impact report and a Notice of Preparation was published and distributed for a 30 -day public review, which included a public scoping hearing with the Planning Commission on May 9, 2000; and ` IJEREAS, the City has prepared a Draft Environmental Impact Report (DEIR), dated September 5, 2001. The City observed a 45 -day public review of the document, which included a public hearing with the Planning Commission held on October 23, 2001; and WIIEREAS, the City has evaluated the comments received by public agencies, utilities, organizations, special interest groups and persons who reviewed the DEIR and has prepared responses to comments received during the 45 -day public review period; and WHEREAS, said comments and recommendations received on the DEIR, either verbatim or in summary, and a list of agencies, organizations and persons commenting on the responses of the City have been attached to and made a part of the Final Environmental Impact Report (FEIR) (Volume II, Response to Comments Document, March 13, 2002) for said project, as required by Section 15132 of the CEQA Guidelines. This second volume was distributed to those agencies, utilities, organizations and persons who commented on the DEIR; and WHEREAS, consistent with the requirements of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to outline the procedures for implementing all mitigation measures identified in the FEIR; and WHEREAS, the FEIR concludes that all but four impacts identified in the FEIR have been or can be mitigated to a level of less -than -significant, with the exception that: a) the project would contribute to the cumulative effect of land development on regional air quality (Impact EA); b) the project could expose new sensitive uses to outdoor noise levels of just over 60 DNL near Los Ranchitos Road, which would be unacceptable for such uses (Impact F.2); c) the potential, future operation of a commuter train service planned along the adjacent former NWPRR right-of-way would generate noise levels that would be unacceptable for the proposed uses on the project site (Impact F.3); and d) the project would contribute to the potential cumulative effect of new development on the US101/Merrydale Road off-ramp/intersection, if a traffic signal is not approved and installed for this off -ramp (Impact D.2); and WHEREAS, the CEQA Guidelines Section 15093 requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve a project. If these benefits outweigh the unavoidable adverse environmental effects, the adverse effects may be considered "acceptable." The decision-making agency must state in writing the specific reasons to support its action based on the FEIR and/or other information in the record. The statement of overriding considerations must be supported by substantial evidence in the record; and WHEREAS, on March 26, 2002, the Planning Commission held a public hearing on the proposed Ranchitos Park Development project and adopted Resolution No. 02-14 recommending that the City Council adopt the Statement of Overriding Considerations and approve the Mitigation Monitoring and Reporting Program (NEVIRP); and WHEREAS, on April 15, 2002, the City Council held a duly noticed public hearing on the proposed planning applications for the Ranchitos Park Development project, accepting all public testimony and the written report of the Department of Community Development staff. As part of this hearing process the City Council considered draft Statement of Overriding Considerations, as well as the draft Mitigation Monitoring and Reporting Program (MMRP), which is presented in attached Exhibit A of this resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby: a) adopt the following Statement of Overriding Considerations; and b) approves the NMW presented in Exhibit A, finding that the MMRP has been prepared in accordance with the CEQA Guidelines: 2 Statement of Overriding Considerations The City of San Rafael adopts the following Statement of Overriding Considerations based on information in the FEIR and other information in the record. The City recognizes that significant and unavoidable impacts would result from implementation of the project. Having (i) adopted all feasible mitigation measures, (ii) incorporated environmentally beneficial elements of the alternatives into the project, and (iii) recognized the significant, unavoidable environmental effects, the City of San Rafael hereby finds that the benefits outweigh and override the significant unavoidable effects for the reasons stated below. The reasons discussed below summarize the benefits, goals and objectives of the proposed project, and provide, in addition to the findings, the detailed rationale for the project. These overriding considerations of economic, legal, social, aesthetic and environmental benefits for the Ranchitos Park Development outweigh its environmental costs, and justify adoption of the project and certification of the completed EIR. Many of these overriding considerations individually would be sufficient to outweigh the adverse environmental impacts of the project. 1. Beneficial Utilization of Proiect Site PG & E has stated the sale of its property to the project sponsor would dispose of a site that PG & E no longer considers useful for utility purposes (except for selected gas rights -of -ways that are intended to be retained on the property). In its current state, the PG & E property is underutilized (limited to gas pressure regulation), having not been used for underground gas storage operations since the 1980's. The PG&E property currently exhibits negative signs of the previous disturbance of the site for underground gas storage (including soil disturbance, security fencing and concrete pads) that visually detract from the site. The subject property is a relatively level, in -fill site that is located near public transit, near access to US 101 and is immediately adjacent to the former NVWPRR right-of- way, which is being planned for future commuter rail service. Because of these factors, the development of housing is appropriate and represents the best use of the property. Furthermore, because of these factors, the site presents maximum opportunities for a mix of residential unit types and sizes. As the project proposes a broad mix of residential unit types and sizes, they would provide a substantial public benefit. 2. Provision for Low- and Moderate -Income Housing The Ranchitos Park Development would reserve 20% of the total number of proposed residential units (26 townhomes) be reserved for sale to households qualifying in the low-income (50 to 80% of the median) to moderate -income (80 to 100% of the median) range. This percentage of below market rate (B -MR) units is substantially higher than the minimum inclusionary housing requirement of 10% (Housing element 3 Policy H-19) and greater than what is typically required to qualify as an affordable housing project (15% per Housing Element Policy H-20). Therefore, the proposed BMR units would provide a substantial public benefit. 3. Improvements to Storm Drainage and Decrease in Floodiniz Potential in Project Vicinitv Under the project, storm flows collected within the on-site drainage system would be routed to a new 42 -inch storm drain that would extend northeast from the project site (through the adjacent project sponsor -owned property at 127 Merrydale Road) to Merrydale Road, and then northwest within Merrydale Road to the existing open channel north of Las Gallinas Avenue). The City would also require that the proposed storm drainage system be designed to drain the existing adjacent properties northwest and northeast of the project site if those properties do not drain to the existing streets fronting those developments. The rerouting of storm flows to Merrydale Road would have a beneficial effect on adjacent properties in the San Rafael Meadows neighborhood, who have experienced flooding during heavy storms with the existing storm drainage system. This would be a substantial public benefit. 4. Incorporation of Natural Resource Features into Proiect Desi.Rn The Ranchitos Park Development would preserve the approximate 400 -foot long jurisdictional on-site creek segment in place along its existing alignment. In addition, to offset the loss of isolated wetlands that would occur under the project, new wetlands would be created in the form of a widened flood plain adjacent to the 400 - foot long creek segment. Consistent with the provisions of Section 404 of the Clean Water Act, the project would create a minimum of 0.38 acres of seasonal wetlands (2:1 ratio). A minimum 50 -foot buffer zone would be created for the wetland border, and a minimum 25 -foot buffer would be created for the creek. The buffer zones would be planted with California native grasses. 5. Improvement to Transportation Facilities in Proiect Vicinitv Mitigation includes widening of the north side of North San Pedro Road to accommodate a 50 -foot long eastbound left -turn pocket for drivers to turn into the project site, a westbound left -turn pocket for drivers to turn into Pilgrim Way, space for westbound right -turns into the project site, and narrowing of the median island on the project access approach nearest the North San Pedro Road to allow drivers to start inbound left -turns further west. In addition, the project sponsor has agreed to widen the Pilgrim Way driveway approach. The City is also recommending additional improvements to accommodate a bus stop turnout. These improvements would be a substantial public benefit by improving overall vehicular circulation in this vicinity over existing conditions. 6. Creation of Neighborhood Park for Public Use The project would develop a three -acre neighborhood park, which would be dedicated to the City for public use. The park would serve the residents of the development and the surrounding neighborhood. The park size is considerably larger than the public park needs of and the City park requirements for a development project of this size (0.9 -acre park required for residential development of 134 units). Therefore, the park would provide a substantial public benefit. 7. Short -Term Construction Employment The Ranchitos Park Development would create a number of short-term construction jobs during construction of the project. These short-term employment benefits would contribute to the general welfare and the economic growth and stability of the City of San Rafael and the surrounding region. I., Jeanne M. Leoncini, 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 Council of said City on Monday, the fifteenth day of April, 2002, by the following vote to wit: AYES: Councilmembers: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: Councilmembers: None ABSENT/ DISQUALIFIED: Councilmembers Mayor Boro (due to potential conflict of interest) JEANi1i . LEONCINI, City Clerk Attachment: EXHIBIT `A'- Mitigation Monitoring and Reporting Program ccrs5rch.doc