HomeMy WebLinkAboutCC Resolution 14633 (Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program)1
RESOLUTION NO. 14633
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING A
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SOUTHERN
HEIGHTS BRIDGE REPLACEMENT PROJECT, CITY PROJECT NO. 11282
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WHEREAS, the City has determined it is necessary to replace the Southern Heights
Bridge and has retained consultants to design the project and prepare construction drawings,
City Project No. 11282; and
WHEREAS, the construction plans are approximately 80% completed for the Project’s
proposed bridge improvements and, pursuant to the California Environmental Quality Act
(CEQA) Guidelines, it was determined that, for purposes of CEQA, the improvements are
defined as a “project” subject to environmental review; and
WHEREAS, pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared
to determine the potential environmental impacts of the Project; 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 21080.3.1; and
WHEREAS, on May 10, 2017, the Federated Indians of Graton Rancheria (FIGR)
responded to the offer of consultation requesting additional information on the project. The
design team has attempted to coordinate with FIGR multiple times, but with no response; and
WHEREAS, as demonstrated in the preparation of the Initial Study, the proposed Project
would result in a number of potentially significant environmental impacts for which mitigation is
recommended to reduce these impacts to a less-than-significant level; and
WHEREAS, consistent with CEQA Guidelines Section 15070, the Initial Study supports
and recommends the adoption of a Mitigated Negative Declaration; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, on June 16, 2018, the City
published a Notice of Public Hearing and Intent to Adopt the Initial Study/Mitigated Negative
Declaration, including a Mitigation Monitoring and Reporting Program (“MMRP”), which was
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made available for a 30-day public review period. One comment was received on the Initial
Study/Mitigated Negative Declaration stating that the City complied with CEQA Guidelines; and
WHEREAS, on February 4, 2019, 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;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby adopts the Mitigated Negative Declaration for this project on file with the City,
and approves the Mitigation Monitoring and Reporting Program as included in Section 6 of the
Initial Study/Mitigated Negative Declaration for the Southern Heights Bridge Replacement
Project, City Project No. 11282, based on the following findings:
1.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 (30-days observed commencing on June 16,
2018 and closing on July 16, 2018).
3.The Mitigated Negative Declaration has been presented to the City Council who has
reviewed and considered the information in the Initial Study for adopting a Mitigated
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Negative Declaration. Further, the City Council finds that the Initial Study is 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 a) there is no
substantial evidence that the Project will have a significant impact on the environment;
and b) revisions have been made to the Project or have been included in the Project as
conditions of approval which reduce the potentially significant impacts related to
biological resources, cultural resources, hazards and hazardous materials, noise, and air
quality for which mitigation measures are required; and c) 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.
5.A Mitigation Monitoring and Reporting Program has been prepared to ensure
implementation of and compliance with all measures required to mitigate all impacts to a
less-than-significant level.
I, LINDSAY LARA, 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 the 4th day of February, 2019, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
COUNCILMEMBERS: None
COUNCILMEMBERS: None
_______________________________
LINDSAY LARA, City Clerk
File No.: 16.01.266