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HomeMy WebLinkAboutPlanning Commission 2011-05-24 #2 CITY OF Community Development Department – Planning Division P. O. Box 151560, San Rafael, CA 94915-1560 PHONE: (415) 485-3085/FAX: (415) 485-3184 Meeting Date: May 24, 2011 Agenda Item: 2 Case Numbers: UP11-018; ED11-021 Project Planner: Kraig Tambornini (415) 485-3092 REPORT TO PLANNING COMMISSION SUBJECT: Luiz Ranch Fire Road (Marin County “680 Trail” Segment) - Request for Use Permit and Environmental and Design Review Permit for the construction of a shared-use equestrian, bicycle and pedestrian trail within the Terra Linda-Sleepy Hollow Open Space Divide Preserve, as part of Marin County Open Space District “680 Trail” Project. The project is consistent with Marin Countywide Plan and was the subject of noticed public workshops conducted by the County of Marin Open Space District during the past year in 2010; APN: 164-280-49; Parks/Open Space (P/OS) District; Marin County Open Space District, owner/applicant; File No(s): UP11-021 & ED11-018. EXECUTIVE SUMMARY The Marin County Open Space District (MCOSD) has applied for zoning entitlements in order to construct a portion of a new shared-use trail within County open space lands that fall within the City’s jurisdiction. The City Zoning Code applies to the District and requires Use Permit and Environmental and Design Review Permit approvals for bicycle, equestrian and hiking trails proposed within the P/OS zone district. The trail segment proposed within the City would be 1,658-feet long by 5-feet wide and include a bridge crossing, low retaining wall and stacked stone choke structures. The trail would run along the 680- foot contour elevation within the hillside open space in Lucas Valley neighborhood area. A former trail connection ran along a private portion of Luiz Ranch Fire Road, which has been blocked by the property owner at the City boundary line. Thus, this new trail segment is necessary in order to reconnect the existing open space preserve areas that lie within the City with county open space lands to the west. The County Open Space District has adopted a Mitigated Negative Declaration (MND) and approved the 680 Trail Project on January 26, 2011. Regional, State and Federal permits have been obtained for all work proposed within the sensitive habitat areas, for drainage runoff and wetland crossings. Prior to adopting the MND and approving the project, MCOSD conducted noticed public workshops. The trail has been determined to be consistent with the Marin Countywide Plan, adopted 2007. The City must consider the adequacy of the MND prior to taking action on the project. The MND includes a Mitigation Monitoring and Reporting Program (MMRP) that would be implemented by the County Open Space District and incorporated into the action taken by the City. City staff has evaluated the project for compliance with all applicable General Plan 2020 policies and the Zoning Code standards in Chapter’s 14.10 (Parks/Open Space Districts), 14.13 (Wetland Overlay), 14.16 (Site and Use Regulations – Creeks) and 14.25 (Environmental and Design Review). Project review has included an evaluation of potential impacts on the hillside setting including native vegetation, habitat, slopes, geotechnical constraints and drainage runoff. Staff has concluded that the project, as it has been designed and subject to mitigation measures and conditions, would comply with the applicable City of San Rafael General Plan 2020 policies and Zoning Ordinance standards. Staff mailed a notice of the City public hearing to all interested and affected parties and owners at least 15 days before the May 24, 2011 meeting date. In addition, the project was referred to other City departments for review and comment, and their recommendations or requirements have been incorporated into draft project conditions of approval. REPORT TO PLANNING COMMISSION - Case No: UP11-018/ED11-021 Page 2 RECOMMENDATION It is recommended that the Planning Commission adopt a resolution approving the portion of the 680 Trail Project within the City, with conditions and subject to the Mitigation Monitoring and Reporting Program developed for the 680 Trail Project. PROPERTY FACTS Address/Location: Luiz Ranch Fire Road Parcel Number(s): 164-280-49 Property Size: 94-acres +/- Neighborhood: Lucas Valley Site Characteristics General Plan Designation Zoning Designation Existing Land-Use Project Site: Open Space P/OS Open Space North: Hillside Resource Res County Open Space/SFR South: Open Space & Res-Low Den P/OS & R5 Open Space/SFR East: Open Space P/OS Open Space West: NA/County Open Space County Open Space Site Description/Setting: The trail segment that lies within the City is located in Terra Linda/Sleepy Hollow Open Space Preserve at the northwesterly corner of the City. The project site area is a highly visible hillside area. The trail would be situated generally at the 680-foot contour elevation and is northwest of San Rafael neighborhoods, including the Lucas Valley neighborhood. The site is crossed by various fire roads and hiking trails that can be accessed from various existing entry points within the City and County; i.e., along Lucas Valley Road, Del Ganado, Manuel T. Freitas, Sleepy Hollow, among others. The site is steeply sloping and situated below a highly visible ridge that runs southeast from the former Luiz Ranch property/City boundary, which is above the site to the northwest. The open space property falls within Miller Creek water shed and is populated with native oak woodlands and grasslands. BACKGROUND Marin County Open Space District, a public agency, is carrying out the 680 Trail Project for construction of a shared-use hiking trail for bicycle, equestrian and pedestrians. The project would reconnect the Terra Linda/Sleepy Hollow Divide Open Space Preserve in the City with Loma Alta Open Space Preserve to the west; thus, replacing a connection that was formerly accessed across a private fire road through the former Luiz Ranch. This access has since been blocked by the current property owner right at the City/County boundary line. The trail segment within the City lies just to the southwest of the blocked trail connection, and is an important link to reconnect county open space lands. The new trail would extend west from the publicly accessible fire road, and across the 680-foot contour line. As the lead agency, the MCOSD conducted public workshops and completed California Environmental Quality Act (CEQA) review that resulted in preparation and adoption of a Mitigated Negative Declaration for the project in 2010. On January 26, 2011, the General Manager of the Marin County Open Space District determined to certify the Mitigated Negative Declaration prepared for the 680 Trail Project, and approved the project. The MCOSD has obtained all necessary state and federal permits for the entire 680 Trail Project. The US Army Corp of Engineers authorized Nationwide Permit #14 on February 17, 2011 for construction of the trail including its total of eight bridges and five wet crossings, which is valid until March 18, 2012. The REPORT TO PLANNING COMMISSION - Case No: UP11-018/ED11-021 Page 3 US Fish and Wildlife Service issued a Consultation on Issuance of Permits under Section 404 of the Clean Water Act on February 9, 2011 and concluded there is no likely affect on threatened species with implementation of the mitigation measures proposed for the project. State Fish and Game issued a final Streambed Alteration Agreement on February 9, 2011. Finally, on March 30, 2011, the Regional Water Quality Control Board issued a final conditional water quality certification for the project certifying that any discharge will comply with applicable provisions of the Clean Water Act, and other applicable requirements of State law. On March 21, 2011, Marin County Open Space District (MCOSD) filed Use Permit and Environmental and Design Review Permit applications requesting local approval for construction of the 1,658-foot long by 5-foot wide segment of the 680 Trail Project proposed within the the Terra Linda/Sleepy Hollow Divide Open Space Preserve in the City limits. The preserve is within the northwest corner of the City, near the Terra Linda, Santa Margarita and Lucas Valley Neighborhoods. The portion of the trail project located within the City is within the General Plan 2020 Open Space Land Use Designation and the Parks and Open Space (P/OS) Zoning District. The City requires a major Use Permit for construction of bicycle, equestrian and pedestrian trails within the City’s jurisdiction, and a minor Environmental and Design Review Permit for minor grading on a hillside site. The District is subject to local zoning regulations and permitting requirements, and the City entitlements are the final permitting step required for the County to proceed with construction of the project. PROJECT DESCRIPTION The Marin County Open Space District 680 Trail Project is a shared-use trail linking the Terra Linda/Sleepy Hollow Divide Open Space Preserve with Loma Alta Open Space Preserve. This trail connection would replace a connection that was formerly accessed by hikers, bicyclists and equestrians via a private fire road, which has been recently gated and fenced-off by the current property owner. The trail project is planned within existing easement areas acquired in 1998 in county open space lands, consistent with the Marin Countywide Plan adopted November 6, 2007. There are no new access points proposed for the existing and proposed open space trail connection. The replacement trail segment would begin approximately 900-feet southwest of the boundary between the Terra Linda/Sleepy Hollow Divide dn the former Luiz Ranch propeorty, below the top of the Luiz Ranch Fire Road (see Exhibit 1 of this report, and Figure 2 of the attached Mitigated Negative Declaration). The proposed trail project generally traverses the 680-foot contour elevation along hillsides within county open space lands (e.g. community open space separators). The trail realignment would continue west and end at the Smith Ridge Fire Road within the Loma Alto Open Space Preserve located in the County. The entire length of the new trail alignment would be 2.84 miles. The easterly end of the trail segment that would be located within the City boundary consists of the following improvements: ¾ A 1,658 foot by 5-foot wide shared-use equestrian, bicycle and pedestrian trail with 2% cross slope and maximum 2:1 slope bank cuts ¾ A 36” tall rock cairn “gateway” structure located at the Luiz Ranch Fire Road connection ¾ An approximately 21” tall by 18’ long retaining wall ¾ Three 36” tall rock cairn choke structures along the trail segment, and ¾ A 20-foot long timber clear-span bridge structure crossing a drainage channel in Miller Creek watershed. The County hired Hilride design firm to provide recommendations for design and implementation of the new shared-use trail connection, as well as LSA Associates, Wildlife Research Associates, and Stetson Engineers, Inc. for environmental, biological and geotechnical evaluation of the project. All reports and REPORT TO PLANNING COMMISSION - Case No: UP11-018/ED11-021 Page 4 exhibits provided which have been provided by the County documenting the public workshops and evaluations prepared for this project will be available for reference at the hearing. ANALYSIS San Rafael General Plan 2020 Consistency: The following policies of the City of San Rafael General Plan 2020 are applicable to the shared-use trail project: ¾ Policy LU-23. Land Use Map and Categories. Land use category designation of Open Space applies to the site, which is the designation for secured public and private open space. ¾ Neighborhood Element NH. The site is in Lucas Valley, which notes more than 50 percent of the neighborhood is located in an open space preserve located above developed portions of the neighborhood. No major development is expected in the area and no specific NH policies have been adopted. ¾ CD-1. City Image. Reinforce the City’s positive and distinctive image by recognizing the natural features of the City, protecting historic resources, and by strengthening the positive qualities of the City’s focal points, gateways, corridors and neighborhoods. ¾ CD-3 Neighborhoods. Recognize, preserve and enhance the positive qualities that give neighborhoods their unique identities, while also allowing innovative design. Develop programs to encourage and respect the context and scale of existing neighborhoods. ¾ CD-5. Views. Respect and enhance to the greatest extent possible, views of the Bay and its islands, Bay wetlands, St. Raphael’s church bell tower, Canalfront, marinas, Mt. Tamalpais, Marin Civic Center and hills and ridgelines from public streets, parks and publicly accessible pathways. ¾ CD-6. Hillsides and Bay. Protect the visual identity of the hillsides and Bay by controlling development within hillside areas, providing setback from the Bay, and providing public access along the Bay edge. ¾ Policy OS-3. Open Space Use. Protect and preserve the natural value of open space and wildlife habitat areas while permitting educational and recreational use compatible with these resources. Specific use objectives include: (a.) Open space areas should be maintained in a natural state. (b.) Open space areas are a community resource for use and enjoyment by residents of San Rafael. (c.) Uses of open space areas shall be secondary to open space preservation, and limited to those uses with a minimal impact on the environment. ¾ Policy OS-4. Access to Open Space. Encourage provision of access to open space areas in the design of adjacent development. Secure paths shown on Exhibit 34 as part of subdivision approvals and design access paths to avoid or minimize neighborhood and user conflicts with sensitive wildlife habitat areas. ¾ Policy CON-9. Native and/or Sensitive Habitats. Protect habitats that are sensitive, rare, declining, unique or represent a valuable biological resource. ¾ Policy CON-10. Impacts to Sensitive Habitats. Minimize impacts to sensitive natural habitats through careful planning. Require compliance with applicable laws and regulations. REPORT TO PLANNING COMMISSION - Case No: UP11-018/ED11-021 Page 5 ¾ Policy CON-11 Wildlife Corridors. Preserve and protect areas that function as wildlife corridors, particularly those areas that provide natural connections permitting wildlife movement between designated sensitive habitats. ¾ Policy CON-12. Preservation of Hillsides. Encourage preservation of hillsides, ridgelines and other open areas that serve as habitat and erosion protection as well as visual backdrops to urban areas. ¾ Policy CON -13. Threatened and Endangered Species. Preserve and protect threatened and endangered species of plants and animals formally listed consistent with the state and federal endangered species acts including protection of their habitat. ¾ Policy CON-15. Invasive and Non-Native Plant Species. Remove and control selected undesirable invasive non-native plant species from City-owned open space and road right of ways, and encourage the removal and control of these species from non-City owned ecologically sensitive areas. ¾ Policy CON-16. Landscape with Native Plant Species. Encourage landscaping with native and compatible non-native plant species, especially drought-tolerant species. ¾ AW-7. Local, State and Federal Standards. Continue to comply with local, state and federal standards for water quality. ¾ AW-8. Reduce Pollution from Urban Runoff. Address non-point source pollution and protect receiving waters from pollutants discharged to the storm drain system by requiring Best Management Practices. ¾ AW-9. Erosion and Sediment Control. Establish development guidelines to protect areas that area particularly susceptible to erosion and sediment loss. Staff has concluded that the shared-use trail is in accord with the intent of the policies cited above, and compatible with existing and anticipated uses within open space lands. This project supports and enhances existing open space trail use, enhances access to and enjoyment of open space lands by all users through provision of the new improved trail connection that permanently links existing open space areas (formerly linked across a fire road crossing private property). The General Plan 2020 Exhibit 17 (Community Design Map) and Exhibit 35 (Major Biotic Habitats) characterizes the site as a highly visible hillside with oak savannah woodland and grasslands. The site also is a part of Miller Creek watershed. The trail project has been designed to assure it sensitively responds to these characteristics, including preservation of hillside vegetation and character with avoidance of tree and plant removal to the maximum extent, and minimizing potential erosion and pollution runoff within the watershed both during and post construction. The county also imposes a leash law for dog walking in sensitive habitat areas. While the 680 Trail Project trail is not part of a subdivision, as designed, mitigated and conditioned the project would respect and maintain the natural environment by following hillside contours, minimizing extent of grading, avoiding sensitive habitat and assuring the trail system will be stable to avoid erosion and alteration of natural runoff patterns. Staff has determined that implementation of the Mitigation Monitoring and Reporting Program prepared for the project to address the mitigation measures identified by the Mitigated Negative Declaration would assure that conflicts with sensitive wildlife and habitat areas would not result. The City Department of Public Works (DPW) has also included a condition of approval that would ensure required City grading permits are issued for work within the City limits. Review of project plans by DPW REPORT TO PLANNING COMMISSION - Case No: UP11-018/ED11-021 Page 6 will confirm Best Management Practices are implemented and that trail improvements are designed and constructed in accord with current grading and engineering standards. Zoning Ordinance Consistency: The use is subject to compliance with the following provisions of the zoning ordinance: Chapter 14.10 – Parks/Open Space District ¾ The P/OS District encourages provision for recreational opportunities, including shared use trails subject to approval of a Use Permit, pursuant to Table 14.10.020. The proposed trail connection would provide a suitable recreational trail use in open space lands that already contain shared-use trails. The trail would provide a permanent, public link between open space lands for enjoyment of these areas by residents in the City. The project is a compatible use for open space lands, which supports maintaining and preserving open space lands as a greenbelt with a low- impact use that will result in minimal environmental impacts. The trail shall be managed by a public agency that will ensure the trail shall be designed, installed and managed for the life of the project. Chapter 14.13 – Wetland Overlay District ¾ The wetland overlay district Table 14.13.030 permits trails as permitted by the open space management plan and/or park plan conforming with the wetland use regulations. The trail segment within the City has been determined to be consistent with the Marin Countywide Plan and approved by the Marin County Open Space District in accord with this plan. The bridge crossing over a drainage channel in the Miller Creek watershed would be a clear-span structure that would avoids placement of direct fill or obstructions within the drainage channel, and no seasonal wetlands are located in the City segment that would require restoration or avoidance in accordance with provisions of Chapter 14.13. A streambed alteration agreement has been obtained, which includes placement of the bridge over the drainageway. In summary, the project is consistent with the requirements of SRMC Chapter 14.13. Chapter 14.18 – Parking Standards ¾ SRMC Chart 14.18.040 establishes parking standards for projects within the City. Provision of off-street parking is not required for the open space trail project, pursuant to the SRMC Chart 14.18.040. The trail replaces and supplements the existing trail network within the open space areas, does not propose any new access points and would not increase demand for further use. Thus, the County has concluded that additional parking demand would not generated by the trail, as it would be accessed from various, existing trailheads and fire road access points within the City and County. Further, the City Traffic Engineer and Community Services Department have reviewed the project and confirmed that additional parking demand would not be generated by construction of the 680 Trail Project segment within the City. Chapter 14.25 – Environmental and Design Review Permits ¾ Environmental and Design review is required per SRMC 14.25.040.D as a physical improvement involving minor grading and improvements in a hillside area. The criteria used to evaluate the project are found in SRMC Section 14.24.040 and include: o Review for consistency with the General Plan 2020 policies to assure accomplishment of the purposes of Section 14.25.010. o Review for consistency with the Hillside Design Guidelines and San Rafael Design Guidelines, and any applicable neighborhood and community design elements. o Plans should be prepared by a competent design professional. o There should be a harmonious relationship between the development and site. REPORT TO PLANNING COMMISSION - Case No: UP11-018/ED11-021 Page 7 o Major views of hillsides should be preserved and enhanced. o Respond to site features and constraints by minimizing grading, erosion, vegetation removal. o Preserve and respect highly visible, steep hillside areas, slopes, creeks, drainageways and habitat areas. o Provide good access in relation to the surrounding area. o Give special attention to proper site surface drainage. The details of drainage shall be subject to approval by the Public Works Director. o Utility connections shall be underground with adequate ingress and egress provided. o Architecture (e.g., design) should be harmoniously integrated in relation to its setting and should enhance important view corridors as identified in the General Plan. o Materials and colors should be consistent with the context. o Natural landscape should be preserved in its natural state, insofar as practicable by minimizing grading and rock/tree removal. New landscaping should be designed as an integral enhancement of the site sensitive to natural features. o Temporary construction pollution from grading and work shall be minimized to minimize and avoid unnecessary annoyance to persons in the area. ` The project has not required referral to the Design Review Board given that it is consistent with the Marin Countywide Plan, is in a remote open space area that contains existing open space trails, and does not include construction of any buildings. Staff has evaluated the proposal against the City design review criteria to confirm that grading and improvements would be minimal and sensitive to the hillside and open space setting. In conducting its analysis, staff reviewed the Hillside Design Guidelines Manual (HDGM). The HDGM criteria primarily address hillside subdivision development that would require major site alteration for construction of roads, walls and structures. Therefore, staff has determined that the hillside design criteria have been adequately evaluated through review of the project for consistency with the General Plan 2020 policies and Chapter 25 criteria. In summary, staff recommends that the project design is consistent with the City design review criteria given the trail development minimizes its impacts upon, and integrates with the hillside setting through the following design approaches: a. Use of a low retaining wall less than 3-feet in height is indicated. b. The trail proposes a maximum 2% cross-slope to minimize slippage and erosion. c. Cuts at a 2:1 ratio would be required with minimal fill to minimize erosion potential. d. The trail will follow the existing natural hillside contour lines to minimize grading and disturbance of the hillside setting. e. Features and bridges will use natural materials including wood timber, stones and native vegetation to restore and maintain the natural appearance of site. f. Minimal vegetation removal is proposed with native restoration planting, where needed. g. Detailed mitigation measures have been identified and would be implemented during construction to minimize impacts on the hillside setting, vegetation and habitat. h. A competent team of professionals has been hired to design the trail system, and evaluate the environmental hydrological, geotechnical, biological and construction constraints and requirements. ENVIRONMENTAL DETERMINATION Marin County Open Space District, as the lead agency for the 680 Trail project, filed notice of intent with the State Clearinghouse (SCH#2010072046) and completed a Mitigated Negative Declaration on July 13, 2010 (Exhibit 4). The environmental document included evaluation of the site by LSA Associates, Wildlife Research Associates (biological consultants), and Stetson Engineers, Inc. On January 26, 2011, the County adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program REPORT TO PLANNING COMMISSION - Case No: UP11-018/ED11-021 Page 8 pursuant to Section 21000 et. Seq. of the Public Resources Code and Marin County Environmental Impact Review Guidelines and Procedures. The Mitigation Monitoring and Reporting Program (MMRP) prepared for the 680 Trail Project will be implemented by the Marin County Open Space District, lead agency in compliance with California Environmental Quality Act (CEQA) and identifies all mitigation measures required to minimize potential environmental impacts of the project to a less-than-significant level, including the following: ¾ Mitigation Measures GEO-1.1 and GEO1-2. These measures mitigate Geophysical Impact III.3(b) potential erosion of soils due to wind or water forces and siltation from site grading work by adhering to best management practices during construction, limiting construction to the dry season, minimizing amount of grading required with areas stabilized to re-vegetate naturally, monitoring of the trail quarterly for the first five-years with placement of barriers and mulching and temporary closure during rainy season if warranted, and closure of the trail during the first winter to allow the trail surface to compact and settle. ¾ Mitigation Measures HYDRO-1 and HYDRO-2. These measures mitigate Water Impact III.4(a) potential substantial changes in absorption rates, drainage patterns and the rate and amount of surface runoff by postponing construction activities until ephemeral and intermittent watercourses have ceased active seasonal flows, with work completed and temporary fill removed by October 15, and creation of new in-kind wetlands (e.g. herbaceous seasonal wetlands replaced with herbaceous seasonal wetlands) at a ratio of 2:1 if the Corps determines that the project affects wetlands, with two year monitoring required (note: no seasonal wetlands have been identified in the 680 Trail portion within the City Limits, i.e. the eastern portion of the trail). ¾ Mitigation Measure HYDRO-3. This measure mitigates Water Impact III.4(c) potential discharge of pollutants into surface or ground waters or other alteration of surface or ground water quality (e.g. temperature, dissolved oxygen or turbidity) by implementing Stormwater Pollution Prevention Plan measures to keep equipment maintenance, fueling and servicing 200 feet or more from an aquatic site and in designated areas away from sensitive habitats, checking equipment daily for oil, fuel and coolant leaks prior to initiation of work, and placement of oil catchment mats under vehicles parked overnight at the work site. ¾ Mitigation Measures BIO-1.1, BIO-1.2, BIO-2, BIO-3.1, BIO-3.2, BIO-4 and BIO-5. These measures mitigate Biological Resources Impact III.7(a) potential reduction in number of endangered, threatened or rare species or substantial alteration of their habitats by completing special-status plant surveys to avoid species to the extent practical, recreation of plant stands that cannot be avoided at a ratio of 2:1 for both area and number, monitoring and maintenance of recreated stands over 5 years, environmental training of construction personnel, declaring entire extent as a leash only trail enforced with signage and patrols, designating stage-down areas to avoid and protect sensitive resources, conducting preconstruction survey for badger habitat at least 10-days prior to construction and following accepted environmental practices if occupied burrows are found, implementing proper protection measures for any work during pallid bat breeding season between April 1 and September 1, and implementing appropriate measures if work is proposed during breeding season of raptors and birds between February 15 to August 1. ¾ Mitigation Measures BIO-6 and BIO-7. These measures mitigate Biological Resources Impact III.7(b) potential for substantial change in diversity, number or habitat of any species of plants or animals currently present or likely to occur at any time throughout the year by requiring replacement of any native trees removed and establishment of preserve areas for native grasslands and native woodlands, as necessary to mitigate for any required removal of native plant species. REPORT TO PLANNING COMMISSION - Case No: UP11-018/ED11-021 Page 9 ¾ Mitigation Measures BIO-8.1, BIO-8.2, BIO-8.3, BIO-8.4 and BIO-8.5. These measures mitigate Biological Resources Impact III.7(c) potential introduction of new species of plants or animals into the area, or improvements that would result in a barrier to migration or movement of animals by proper removal/treatment of invasive weeds in the project area, cleaning of vehicles undercarriage and tires brought to the site, use of clean soil-free rock and wood materials and seed free straw bales and wattles, cleaning of cutting equipment to avoid spread of sudden oak death, use of native grass plugs to supplement natural re-vegetation in-lieu of seeding, and use of soil borrowed from grading on-site in-lieu of importing to the site. ¾ Mitigation Measure HAZ-1. This measure mitigates the potential increased fire hazard in areas with flammable brush, grass or trees by implementing measures throughout the construction period to reduce potential risk associate with fire hazards including holding fire prevention training for construction workers, use of fire prevention equipment, suspension of certain fire hazardous activities during windy days, and implementing proper use and fuel storage protocols. The City of San Rafael must exercise its independent judgment and determine that the Mitigated Negative Declaration adopted by the Marin County Open Space District for the project is appropriate, consistent with the provisions of CEQA, adequately assessed and would mitigate all potential environmental effects of the project to a less-than-significant level of impact. Staff has reviewed the Mitigated Negative Declaration and concluded that it complies with CEQA and City environmental review guidelines, specifically as it addresses impacts associated with the work that proposed within the City limits. The MMRP adequately addresses the recommended mitigation measures for project implementation. NEIGHBORHOOD MEETING / CORRESPONDENCE In accordance with Chapter 29 of the Zoning Ordinance, a Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site, and interested parties, at least 15 calendar days prior to the date this hearing. Notification included residents near the open space trail connections closest to the project at Del Ganado and De La Guerra roadways, the Lucas Valley, Santa Margarita, and Terra Linda Home Owners Associations, and all other interested parties, including but not limited to Marin Conservation League and Marin Audubon. Staff has not received any comments in response to the notices. OPTIONS The Planning Commission has the following options: 1. Approve the project, as presented (staff recommended action) 2. Approve the application with certain modifications, changes or additional conditions of approval 3. Continue the applications to allow the applicant to address any of the Commission’s comments or concerns; or 4. Deny the project. EXHIBITS 1. Vicinity Map 2. Draft Resolution of Approval 3. Marin County Open Space Letter, March 16, 2011 4. Mitigated Negative Declaration (distributed to the Planning Commission only) 5. Plans (distributed to the Planning Commission only)