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
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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
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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
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ESTHER C. BEIRNE, City Clerk
PW MUP CEQA Reso 12 4 17