HomeMy WebLinkAboutPlanning Commission 2021-02-23 Agenda Packet
AGENDA
San Rafael Planning Commission
Regular Meeting
Tuesday, February 23, 2021, 7:00 P.M.
Virtual Meeting
Watch on Webinar: https://tinyurl.com/PC-2021-02-23
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 897-5534-1830#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed using a
video conference Webinar, and streamed to YouTube Live at
www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live must be
submitted according to the directions located on the YouTube video description. The City is
not responsible for any interrupted service. To ensure the Planning Commission receives
your comments, submit written comments to Alicia Giudice, Planning Manager
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Members of the public may speak on Agenda items.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the
Commission at this time. Please notify the Community Development Director in advance.
CONSENT CALENDAR
1. Approval of the Planning Commission Meeting Minutes of February 9, 2021
Recommended Action – Approve as submitted
OTHER AGENDA ITEMS
2. Accessory Dwelling Unit (ADU) Ordinance
Recommended Action – Continue to a date certain of March 23, 2021
3. Tiscornia Marsh Restoration Project, North of Canal Street
Scoping hearing for the Notice of Preparation of an Environmental Impact Report (EIR)
to assess the impacts of the Tiscornia Marsh Restoration Project. The project proposes
to restore the tidal marsh/mudflats located north and outboard of Canal Street, as well
as, the diked marsh located north of the Albert J. Boro Center/Pickleweed Park
Playfields. APNs: 009-142-01, 009-032-08, and -09; Park/Open Space-Wetland Overlay
(P/OS-WO) District. Applicant: Marin Audubon Society; Property Owners: Marin
Audubon Society and City of San Rafael.
Project Planner: Paul Jensen
Recommended Action – Accept report and direct staff to prepare a Draft Environmental
Impact Report (EIR)
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission
less than 72 hours before the meeting, shall be available for inspection online. Sign Language
interpreters may be requested by calling (415) 485-3066 (voice), emailing
Lindsay.lara@cityofsanrafael.org or using the California Telecommunications Relay Service
by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are
available in accessible formats upon request.
The Planning Commission will take up no new business after 11:00 p.m. at regularly
scheduled meetings. This shall be interpreted to mean that no agenda item or other business
will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The
Commission may suspend this rule to discuss and/or act upon any additional agenda item(s)
deemed appropriate by a unanimous vote of the members present. Appeal rights: any person
may file an appeal of the Planning Commission's action on agenda items within five business
days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action
on a subdivision. An appeal letter shall be filed with the City Clerk, along with an appeal fee
of $350 (for non-applicants) or a $4,476 deposit (for applicants) made payable to the City of
San Rafael, and shall set forth the basis for appeal. There is a $50.00 additional charge for
request for continuation of an appeal by appellant.
Minutes subject to approval at the meeting of February 23, 2021
MINUTES
San Rafael Planning Commission
Regular Meeting
Tuesday, February 9, 2021, 7:00 P.M.
Virtual Meeting
Watch on Webinar: https://tinyurl.com/PC-2021-02-09
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 872-0645-4435
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed using a
video conference Webinar, and streamed to YouTube Live at
www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live must be
submitted according to the directions located on the YouTube video description. The City is
not responsible for any interrupted service. To ensure the Planning Commission receives
your comments, submit written comments to Alicia Giudice, Planning Manager
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Present: Chair Samudzi
Commissioner Davidson
Commissioner Lubamersky
Commissioner Mercado
Commissioner Previtali
Commissoner Saude
Absent: None
Also Present: Alicia Giudice, Planning Manager
Michele Ginn, Permit Services Coordinator
Renee Nickenig, Assistant Planner
Barry Miller, Project Planner
Paul Jensen, Community Development Director
CALL TO ORDER
Chair Samudzi called the meeting to order at 7:01 p.m. and invited Planning Manager Alicia
Giudice to call the roll. All commissioners were present.
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
None
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Samudzi invited Planning Manager Alicia Giudice who informed the community the
meeting would be streamed live to YouTube and members of the public would provide
public comment either on the telephone or through YouTube live chat. She explained the
process for community participation through the telephone and on YouTube.
Chair Samudzi reviewed the procedures for the meeting.
URGENT COMMUNICATION
None
CONSENT CALENDAR
Chair Samudzi invited public comment; however, there was none.
Commissioner Lubamersky moved and Commissioner Davidson seconded to approve the
Consent Calendar.
1. Approval of the Planning Commission Meeting Minutes of January 26, 2021
Approved as submitted
AYES: Commissioners: Davidson, Lubamersky, Mercado, Previtali, Saude & Chair
Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Motion carried 6-0
DISCUSSION ITEM
2. 160 Mitchell Boulevard
Report and discussion on possible zoning amendment to allow for the conversion of an
approximately 10,644 square foot vacant office building to multifamily residential building.
Case No.: CDR19-00
Project Planner: Renee Nickenig
Renee Nickenig, Assistant Planner, presented the Staff Report.
Aaron Lamstein, Applicant and Rick Williams, Architect gave a presentation.
Staff responded to questions from the Commissioners.
Chair Samudzi invited public comment.
Speakers: David Swig, Leslie Simmons, Bill Carney, Len Rifkind, Name withheld, Diane
Ramsey, Howard Swig
Staff responded to public comment and questions from the Commissioners.
Commissioners provided comments regarding the discussion questions. Staff responded to
questions from the Commissioners.
No action was taken by Commissioners.
PUBLIC HEARING
3. Draft Downtown San Rafael Precise Plan
The Planning Commission will conduct its third public hearing on the Draft Downtown
Precise Plan on February 9. The hearing will provide an opportunity to review the
comments and issues raised at the prior meetings and discuss potential edits. Continued
public comment on Draft General Plan 2040 also may occur at this hearing.
Case Nos.: GPA16-001 & P16-013
Project Planner: Barry Miller
Barry Miller, Project Planner presented the Staff Report.
Staff responded to questions from the Commissioners.
Chair Samudzi invited public comment.
Speakers: Riley Hurd, Ragghianti Freitas, Jeff Rhoads, Bill Carney, Sustainable San Rafael,
Kate Powers
Commissioners provided comments regarding the discussion questions. Staff responded to
questions from the Commissioners.
Commissioner Saude moved and Commissioner Lubamersky seconded to accept the
report.
AYES: Commissioners: Davidson, Lubamersky, Mercado, Previtali, Saude & Chair
Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Motion carried 6-0
Accepted report
DIRECTOR’S REPORT
Planning Manager Alicia Giudice reported:
• Meeting on March 9 will include comments on draft Enviromental Impact Report
(EIR)
• Housing policies that Planning Commission has been seeing will go to the City
Council on February 16
• City is looking at establishing a public arts process outside the normal land use
process and will also go the City Council on February 16
• Housing Analyst recruitment is active
COMMISSION COMMUNICATION
None
ADJOURNMENT
Chair Samudzi adjourned the meeting at 9:58 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2021
_____________________________________
SHINGAI SAMUDZI, Chair
Community Development Department – Planning Division
PLANNING COMMISSION
MEMORANDUM
DATE : February 23, 2021
TO: Chair Samudzi,
Planning Commission Members
FROM: Alicia Giudice, Planning Manager
SUBJECT: Item 2. Accessory Dwelling Unit Ordinance
Staff is requesting a continuation of this item to allow staff to continue to work with other City
staff and assure all sections of the San Rafael Municipal Code are adequately cross-referenced
and to allow Planning Division and Fire Department staff to take a closer look at the streets
where Accessory Dwelling Units would be prohibited due to fire safety concerns.
Staff is requesting a continuation to a date certain of March 23, 2021.
Community Development Department – Planning Division
Meeting Date: February 23, 2021
Agenda Item:
3
Case
Numbers:
UP21-001, ED21-002,
& IS21-001
Project
Planner:
Paul Jensen
(415) 485-5064
REPORT TO PLANNING COMMISSION
SUBJECT: Tiscornia Marsh Restoration Project, North of Canal Street – Scoping hearing for the
Notice of Preparation of an Environmental Impact Report (EIR) to assess the impacts of the Tiscornia
Marsh Restoration Project. The project proposes to restore the tidal marsh/mudflats located north
and outboard of Canal Street, as well as the diked marsh located north of the Albert J. Boro
Center/Pickleweed Park Playfields. APNs: 009-142-01, 009-032-08 and -09; Park/Open Space-
Wetland Overlay (P/OS-WO) District. Applicant: Marin Audubon Society; Property Owners: Marin
Audubon Society and City of San Rafael.
EXECUTIVE SUMMARY
Marin Audubon Society (MAS), project applicant has filed Use Permit and Environmental and Design
Review Permit applications to pursue a restoration of the Tiscornia Marsh and adjacent diked marsh
located north of Canal Street. The City of San Rafael is the lead agency for permitting and completing the
required environmental review for this project. The applications and plans have been reviewed and it has
been determined that the project has the potential to result in significant, physical environmental effects.
Therefore, the preparation of an Environmental Impact Report (EIR) is recommended.
Consistent with the California Environmental Quality Act (CEQA) Guidelines, the issuance of a Notice of
Preparation (NOP) is required when the lead agency has determined that an EIR will be prepared. An NOP
was issued on January 25, 2021 and mailed to the State Clearinghouse, responsible and trustee agencies
and interested parties and groups, to announce the initiation of the EIR process. Further, a notice of the
NOP was mailed to property owners and residents within 400 feet of the project site. The purpose of the
NOP is to solicit comments regarding the scope of issues to be addressed/studied and project alternatives
that should be considered in the EIR. The NOP affords a 30-day review period for comments to be
submitted. During this NOP comment period, the Planning Commission is required to conduct a “scoping
hearing” to receive comments and provide direction on proceeding with the EIR. The 30-day review period
will close on Friday, February 26, 2021.
Please note that, for this project, an Initial Study (environmental checklist) has not been prepared, which
would “screen out” certain topic areas from the EIR focus. However, staff has recommended key topic
areas to be addressed/studied, which are discussed in this report. Following closure of the NOP comment
period, the scope will be confirmed and preparation of the Draft EIR (DEIR) will begin. When completed
and released, the DEIR will be subject to a 45-day public review period and a public hearing with the
Planning Commission. Lastly, it is important to note that the specific purpose of scoping hearing is to
provide comments on the issues to be addressed/studied in the EIR. Therefore, comments on the merits
of this project (to support, oppose or modify the project) should be held for future public hearings when the
project applications will be considered for action by the Planning Commission.
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 2
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
1. Accept public testimony on the Notice of Preparation (NOP) and scope of issues to be addressed
in the EIR.
2. Direct staff to prepare a Draft Environmental Impact Report (DEIR), taking into consideration verbal
and written comments received during the scoping period.
BACKGROUND
Site Description & Setting:
The Tiscornia Marsh site covers 21 acres of tidal marsh and bay lands and well as 2,000 feet of shoreline
levee/trail located north of East Canal Street. The property, which is owned by MAS is bound to the: a)
south by a shoreline levee, Schoen Park (small City-owned park/playground) and Canal Street; b) west by
the Albert J Boro Community Center and Pickleweed Park; c) east by the San Rafael Bay; and d) north by
the San Rafael Creek. The neighboring Albert J Boro Community Center and Pickleweed Park covers
approximately 15 acres which includes an active community center, community park and an expansive
playfield. Included in the City-owned holdings is an undeveloped, four-acre diked salt marsh, which is
located north of the large playfield. Although subject to flooding in the winter months, this diked salt marsh
is enclosed by a perimeter level and contains a well-used, informal pedestrian trail, which loops through
the area.
The Tiscornia Marsh has experienced considerable erosion along its bayward edge, which is attributed to
direct wave action from the bay. Over the last 30 years, approximately three acres of the tidal marsh has
been lost to this erosion, which has dramatically impacted habitat for species such as the Ridgway’s rail
and salt marsh harvest mouse. Under current conditions, it is expected that this erosion will continue and
will likely increase as sea level rises. The second critical issue for this general area is flooding. The
adjacent Canal neighborhood is low-lying and is currently at risk to coastal flooding (as well as sea level
rise).
History:
In June 2016, the voters of the nine Bay Area counties approved Measure AA, a parcel tax measure. The
tax measure is a $12.00 per year tax on every parcel in the Bay Area. The purpose of Measure AA is to
generate $500 million over a 20-year period for critical tidal marsh restoration projects around the San
Francisco Bay. The goal is to improve water quality, restore habitat for wildlife, protect communities from
flooding and increase shoreline public access.
Applications for Measure AA funds for local restoration projects are initiated annually by the San Francisco
Bay Restoration Authority. In fall 2018, a second call for applications was released and Marin Audubon
Society applied for funding. As required by the application process MAS was required to submit an
endorsement of the application by the local jurisdiction (City). On October 1, 2018, the City Council
reviewed this request and adopted Resolution No. 14592 authorizing the application endorsement. As
part of this review, the City Council acknowledged it role as the lead agency on this project for permitting
and environmental review. In 2019, the Measure AA funds were awarded to MAS for the planning,
environmental review and permitting process.
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 3
PROJECT DESCRIPTION
Tiscornia Marsh would be restored to its former extents by beneficially reusing dredged material from local
sources. A coarse beach would be constructed along the bay ward edge of the restored marsh to resist
future erosion. Tidal action would also be restored to the City-owned diked marsh at the north end of
Pickleweed Park. Altogether, the project would reconstruct approximately four acres of eroded tidal marsh,
preserve, and protect the approximately eight remaining acres of Tiscornia Marsh, and restore
approximately five acres of diked marsh (City-owned area north of the Pickleweed Park playfields) by
reconnecting it to tidal inundation. The project also proposes to construct a new 600-foot setback levee
and improve approximately 1,100 feet of shoreline levee to achieve greater flood protection, public access,
and habitat benefits. In sum, the major project elements include the:
Development of a course beach;
Reconstruction of the eroded tidal marsh;
Restoring the diked marsh to the bay;
Shoreline levee improvements; and
Development of an ecotone slope.
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 4
Project plans, project description and technical studies for this project can be found on the project web
page at https://www.cityofsanrafael.org/tiscornia-marsh/.
ENVIRONMENTAL ANALYSIS AND REVIEW
Notice of Preparation:
As discussed above, an NOP was published on January 25, 2021 to announce the commencement of the
EIR process and to solicit comments concerning the scope of issues to be addressed in the EIR. (Exhibit
2). A 30-day public review period is being observed and public comment will be accepted until Friday,
February 26, 2021. The purpose of the scoping hearing is to afford agencies and the public an opportunity
to provide verbal comments on the scope of issues to be addressed in the EIR for the proposed project.
Following the close of the NOP review period, City staff and the EIR consultant will review comments
received for consideration in preparation of the DEIR.
Although scoping hearing is not required under CEQA, it offers another vehicle for public participation in
addition to the submittal of written comments. Comments should be limited to the scope of environmental
issues to be addressed in the EIR, and not on the merits of the project. There will be subsequent public
hearings for the purpose the purpose of reviewing the merits of the project and action on the Planning
application.
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 5
Probable Environmental Effects:
The primary purpose of the CEQA/environmental review process is to: a) provide full disclosure and
information regarding a project’s potential physical impacts on the environment, in advance of acting on a
project; and b) require feasible mitigation to reduce or eliminate impacts that have been identified. The
CEQA review process is not conducted to determine whether a project should be approved or denied
(supported or rejected).
Typically, at the start of the CEQA/environmental review process, an Initial Study is prepared to determine
if an EIR is required for a project. However, at the onset of this process, the applicant agreed to proceed
with the preparation an EIR without the need to prepare an Initial Study. This approach is consistent with
CEQA Guidelines Section 15060. Nonetheless, as discussed below, City staff has identified: a) the topic
areas for which the project will clearly have no significant effect and could be removed from further study;
and b) the topic areas where the project has the potential to significantly impact the environment and,
therefore, require analysis in the EIR:
No Impact Determination
Based on the preliminary review of project application materials including the Applicant’s Project
Description and Project Plans (Exhibit 1), the following environmental Impact factors were determined
to clearly not apply to this project and would not warrant further discussion in the EIR:
Agriculture and Forestry Resources
Energy
Mineral Resources
Population/Housing
This determination was based on the fact that there are no agricultural, forestry uses, mapped mineral
resources or existing housing on the site. Further, the proposed use and its construction would not
wasteful, inefficient, or unnecessary consumption of energy resources, nor conflict for a plan for
renewable energy. Should there be evidence presented that any of the above impact categories could
result in environmental impacts, the environmental factors would be addressed in the EIR.
Less than Significant or Potentially Significant Impact Determination
The EIR will analyze the extent to which the project design and alternatives would result in “Less than
Significant”, “Less than Significant with Mitigation Incorporation”, and “Potentially Significant”
environmental impacts and will identify appropriate project modifications or mitigation measures to
reduce or eliminate these impacts. If an impact remains “Potentially Significant” even with mitigation
incorporated, the City will have to consider adoption of findings of overriding consideration if it were to
approve the project. Preliminary review has determined the following environmental impact categories
to be addressed in the EIR:
Aesthetics - The project will result in physical changes in topography and landscape that have
potential effects related to scenic vistas (e.g., views of the Bay in the project vicinity), the existing
character of the site and its surroundings. It is recommended that the EIR include visual simulations
of the project from several vantage points.
Air Quality – It is recommended that the EIR include an analysis of potential construction-related
air emissions. The EIR will identify temporary construction-related mitigation measures to reduce
potential air quality impacts to less than significant levels.
Hazards - A review of hazardous materials investigation reports and databases for the site and
area is recommended. While most of the site consists of mudflats, tidal marsh and diked marsh,
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 6
there is the potential for encountering contaminated soils during the dredging and grading process.
The presence of contaminated soil material could influence the re-use of this material in the
restoration project.
Land Use and Planning – The proposed restoration activity would be consistent with the current
property zoning and General Plan 2020. However, there are elements of the project that will require
careful review of City land use regulations and policies to ensure consistency, particularly related
to wetland protection policies and regulations (WO- Wetland Overlay District). It is recommended
that project consistency with the adopted San Rafael Climate Action Plan be addressed. The EIR
consistency analysis will focus on policies and regulation related to protection of the environment.
Noise – Project construction has the potential to result in temporary noise impacts. It is
recommended that construction-related noise impacts be analyzed in the EIR. The project is
surrounded by sensitive noise receptors (residential uses). The EIR will identify temporary
construction-related mitigation measures to reduce potential construction-related noise impacts to
less than significant levels.
Traffic and Transportation - The project is not expected to increase traffic or result in new traffic
impacts. However, project construction (import/export of dredge materials and soil) and staging
(construction vehicle trips) will result in a temporary increase in vehicle trips. Depending upon the
logistics of the construction management plan, temporary traffic impacts could be significant.
Although the City will soon be phasing out of analyzing Level of Service (LOS) for CEQA review,1
it is recommended that the EIR evaluate construction traffic generation against the Level of Service
(LOS) thresholds in the General Plan, as well as Vehicle Miles Travelled (VMT) metrics presented
in the Draft General Plan 2040. With this analysis, the EIR will identify mitigation measures for
construction-related traffic and staging.
Biological Resources – The project has the potential to result in significant short-term and long-
term impacts to biological resources. The Tiscornia Marsh Habitat Restoration and Sea Level Rise
Adaptation Project Habitat Assessment (ESA, December 2020) was prepared to assess the natural
communities of the site and the environs, extent of wetlands, special-status species, wildlife
movement corridors and critical habitat. It is recommended that the information and findings of this
assessment be included in the EIR. With inclusion of this analysis, the EIR will identify mitigation
measures to reduce potential impacts to biological resource.
Cultural/Tribal Resources – It is recommended that the EIR assess if the project has the potential
result in significant impacts to pre-historic or archaeological/tribal resources. As part of the EIR
process, the City will be following the tribal consultation protocols set forth in State Resources Code
Section 21080.3.1 (AB 52) and CEQA Guidelines Section 15064.5. The City of San Rafael has
initiated the tribal consultation process through an initial request with the Federated Indians of
Graton Rancheria.
Geology and Soils - The project site contains various forms of geologic conditions and soil types.
The predominant, underlying soil type is bay mud, and in some areas, it is overlaid with fill.
Consequently, the site is susceptible to seismic ground shaking and risks such as liquefaction. It is
recommended that the EIR analyze the geologic and soil conditions of the site, as well as the
proposed restoration work, which would change the landscape. The use of imported dredge spoils
1 Senate Bill 743 mandates a phase of out of analyzing local intersections and arterials utilizing the LOS metric for CEQA
review. However, this law permits local jurisdictions to continue to use LOS as a metric for non-CEQA purposes such as
monitoring and managing local intersections and roadways. The Draft General Plan 2040 includes policies and programs that
support the continued use of LOS for development application review.
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 7
and other associated materials will be reviewed under this topic area. With this analysis, the EIR
will identify mitigation measures to reduce potential impacts to biological resource.
Greenhouse Gas Emissions – While the completed project is not expected to increase greenhouse
gas (GHG) emission, it is recommended that the EIR address this topic area to confirm this finding.
This review will also include an assessment of construction-related impacts.
Hydrology and Water Quality - The project will result in a change in the landscape, which will impact
the pattern and movement of surface water and runoff. This change is potentially significant. In
addition, construction-related activities will occur within tidelands and waterways, which could result
in potentially significant water quality impacts. It is recommended that the EIR assess both
hydrologic and water quality impacts. With this analysis, the EIR will identify mitigation measures
to reduce impacts.
The project proposes to implement adaptation measures that would ultimately result in a beneficial
impact to combating and adapting to projected sea level rise. However, elements of this project
design could potentially exacerbate projected sea level rise conditions to adjacent and nearby
properties. Therefore, it is recommended that the EIR assess project impacts associated with
projected sea level rise.
Public Services & Facilities – It is recommended that the EIR include a discussion to confirm existing
City services and infrastructure. This discussion would include police, fire, and public works
services, as well as the ability to access the site for services.
The project has the potential to result in significant impacts the City’s park and recreation facilities
that border the project site. It is recommended that the EIR will analyze these impacts and identify
potential mitigation measures.
Utilities and Services Systems – It is recommended that the EIR assess potential project impacts
related to water, wastewater, storm water, and power infrastructure. Utility and service system
infrastructure traverse and border the site (e.g., PG & E power lines, San Rafael Sanitation District
pipeline and easement, and storm water systems). With this analysis, the EIR will identify mitigation
measures to potentially significant impacts to these systems, which may include recommended
adjustments to the design and layout of the restoration plan.
Wildfire – While the project is not anticipated to exacerbate the potential for wildfire risk, it may
result in indirect environmental effects such as impairment of evacuation routes.
Cumulative Impacts – As required by CEQA, cumulative impacts will be assessed.
Project Alternatives
CEQA requires that an EIR describe a range of reasonable alternatives to a project, which would feasibly
attain most of the basic objectives of the project but would avoid or substantially lessen any of the
significant effects of the project. One of the intents of the NOP and the Commission’s scoping session is
to help determine potential alternatives to the project for discussion in the EIR. Staff is recommending that
the EIR assess three alternatives including the “No Project” alternative (required by CEQA). The two
alternatives to be finalized will consider the following approaches:
• Restore the outer, eastern marsh (Tiscornia Marsh) only with a smaller restoration construction
footprint.
• Restore the inner, diked marsh (City-owned land) only with a smaller restoration construction
footprint.
• Modif y the marsh restoration design that would not include the beach protection feature.
REPORT TO PLANNING COMMISSION –
Case No: UP21-001, ED21-002 & IS21-001
Page 8
The finalized project alternatives will not include concepts or approaches that would not meet the project
objectives, which is to create a restoration project that: benefits biological resources and habitat; provides
longer-term protection of the marsh; and combats projected sea level rise.
NEXT STEPS
Draft EIR
Preparation of a Draft EIR (DEIR) will be initiated once the scoping period has been completed. It is
expected that completion of the DEIR to the date of release will take approximately three (3) months. Once
the DEIR is completed, a Notice of Availability will be released initiating a 45-day public review period for
comment on the document. The Planning Commission will hold a public hearing on the DEIR during the
public review period and to provide comments on the adequacy of the document.
Final EIR and Project Merits
Following the completion of the DEIR and hearing, the environmental consultant will respond to the
comments raised at the DEIR hearing and prepare a Final EIR (FEIR). The FEIR, along with the project
merits, will be considered by the Planning Commission at a public hearing. This project involves quasi-
judicial permit actions, so the Planning Commission will have final decision-making authority. However,
the Planning Commission’s action can be appealed to the City Council.
CORRESPONDENCE
As of the date and publication of this staff report, the City has received no correspondence on the NOP.
Correspondence received before the Planning Commission meeting will be forwarded to Commission
members under separate cover.
EXHIBITS
1. Tiscornia Marsh Project Description and Plans
2. Notice of Preparation, January 25, 2021
Plans/Documents and supportive studies provided on web site (www.cityofsanrafael.org/tiscornia-marsh/)
EXHIBIT A
TISCORNIA MARSH RESTORATION & SEA LEVEL RISE ADAPTATION
PRELIMINARY PLANS
Shoreline Levee
Trail
Existing Tidal Marsh
Proposed Tidal Marsh
Proposed Ecotone/High Marsh
Coarse Beach
200
Feet
SOURCE: ESA, 2020; Base -Google Earth, 2020
NOTE: See Figure 2 for Section A, Figure 3 for Sections B, C, □.
r ESA
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Tiscornia Marsh Habitat Restoration and Sea Level Rise Adaptation Project
Figure 1
Preliminary Project Overview: Tiscornia Marsh Restoration
and Sea-Level Rise Adaptation
Existing Conditions
Interim Construction
Conditions
Design Cond itions
SOURCE: ESA ffllO
r ESA
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Tlacomla Manih H ■bltal Raatoratk>n and Sea l.svet Rise Adaptation Pro}eot
Figure 2
Section A -Preliminary Schematic Marsh Cross·•soclfon
SOURCE: ESA, 2020
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Section B -New Setback Levee on South Side of Diked Marsh
--------------------
Section C -Raised Levee on West Side of Tiscornia Marsh
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Section D -Raised Levee on South Side of Tiscornia Marsh
40
15
10
Tiscornia Marsh Habitat Restoration and Sea Level Rise Adaptation Project
Figure 3
Sections 8, C, and D -Preliminary Levee Cross -sections
EXHIBIT B
NOTICE OF PREPARATION
SAN RAFAEL
THE CITY WITH A MISSION
NOTICE OF PREPARATION
Date of Mailing: January 25, 2021
TO : Office of Planning and Research FROM: City of San Rafael
State Clearinghouse Community Development Department
1400 Tenth Street, Room 212 Attn: Paul Jensen, Community
Sacramento, CA 95814 Development Director
1400 Fifth Ave
San Rafael, CA 94901
Responsible and Trustee Agencies,
Utility Providers,
Organizations,
Neighboring Property Owners,
Neighboring Occupants, and
Interested Parties
NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND SCHEDULED
SCOPING MEETING FOR THE TISCORNIA MARSH RESTORATION PROJECT EIR
The City of San Rafael (City) is preparing an Environmental Impact Report (EIR) for the Tiscornia Marsh
Restoration Project. The project proposes to restore the tidal marsh/mudflats located north and outboard of
Canal Street and the diked marsh located north of the Albert J. Boro Community Center/Pickleweed Park
playfields. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, this project is subject
to environmental review. It has been determined that the project has the potential to result in environmental
impacts and the preparation of an EIR is recommended to assess these impacts. The City is the "Lead
Agency" for the project and is the public agency with the principal responsibility for approving and carrying
out the project.
The City is issuing this Notice of Preparation (NOP) to invite comments on the scope and content of study
for the EIR. This NOP is being sent to local agencies, nearby residents, and other interested parties . When
the draft EIR is published, it will be sent to all parties who respond to this NOP or who otherwise indicate
that they would like to receive a copy of the draft EIR.
RESPONDING TO THIS NOP: Responses to this NOP and any related questions or comments regarding
the scope or content of the Draft EIR must be directed in writing to: Paul Jensen, Community
Development Director, City of San Rafael, 1400 Fifth Avenue, San Rafael, CA 94901 or by e-mail to
paul. jensen@ cityofsa nrafael .org.
Comments on the NOP must be received at the above mailing or e-mail address within 30 days of receipt
of this notice, or before Friday, February 26, 2021 at 5:00 PM. Please reference the project title of
"Tiscornia Marsh Restoration Project" in all correspondence.
1400 FIFTH AVENUE · SAN RAFAEL,CA 94901
WWW.CITYOFSANRAFAEL.ORG
Responses to this NOP should focus, specific to this project, on the potentially significant enviromnental
effects that the project may have on the physical environment, ways in which those effects might be
minimized, and potential alternatives to the project that should be addressed in the EIR. This focus aligns
with the purpose of the EIR to inform the public about these aspects of the project.
EXISTING CONDITIONS AND PROJECT LOCATION: The Tiscornia Marsh site covers 20 acres of
tidal marsh and bay lands located north and outboard of East Canal Street (APN 009-142-01 ). The property,
which is owned by Marin Audubon Society, is bound to the: a) south by a shoreline levee, Schoen Park
( small City-owned park/playground) and Canal Street; b) west by the Albert J Boro Community Center and
Pickleweed Park; c) east by the San Rafael Bay; and d) north by the San Rafael Creek. The neighboring
Albert J Boro Community Center and Pickleweed Park covers approximately 15 acres which includes an
active community center, community park and an expansive playfield (APNs 009-032-06, 08 and 09).
Included in the City-owned holdings is an undeveloped, four-acre diked salt marsh, which is located north
of the large playfield. Although subject to flooding in the winter months, this diked salt marsh is enclosed
by a perimeter level and contains a well-used, informal pedestrian trail, which loops through the area. The
Tiscornia Marsh and environs are presented in the attached Site Area Map (Attachment 1 ).
The Tiscornia Marsh has experienced considerable erosion along its bay ward edge, which is attributed to
direct wave action from the bay. Over the last 30 years, approximately three acres of the tidal marsh has
been lost to this erosion, which has dramatically impacted habitat for species such as the Ridgway's rail
and salt marsh harvest mouse. Under current conditions, it is expected that this erosion will continue and
will likely increase as sea level rises. The second critical issue for this general area is flooding. The adjacent
Canal neighborhood is low-lying and is currently at risk to coastal flooding (as well as sea level rise).
PROJECT DESCRIPTION: Tiscornia Marsh would be restored to its former extents by beneficially
reusing dredged material from local sources. A coarse beach would be constructed along the bay ward edge
of the restored marsh to resist future erosion. Tidal action would also be restored to the City-owned diked
marsh at the north end of Pickleweed Park. Altogether, the project would reconstruct approximately four
acres of eroded tidal marsh, preserve, and protect the approximately eight remaining acres of Tiscornia
Marsh, and restore approximately five acres of diked marsh by reconnecting it to tidal inundation. The
Project would also construct a new 600-foot setback levee and improve approximately 1,100 feet of
shoreline levee to achieve greater flood protection, public access, and habitat benefits. Major project
elements include the: a) development of a course beach; b) reconstruction of the eroded tidal marsh; c)
restoring the diked marsh to the bay; d) shoreline levee improvements; and e) development of an ecotone
slope.
Project plans, project description and technical studies for this project can be found on the project web page
at https://www.cityofsanrafael.org/tiscomia-mar h/.
POTENTIAL ENVffiONMENTAL EFFECTS: An Initial Study Checklist has NOT been prepared to
accompany this NOP. The scoping of the topic areas to be studied in the EIR will be determined and
confirmed as part of this NOP process. However, as part of the initial scoping review, City staff will be
recommending that the following the EIR address the following potential environmental effects: Aesthetics,
Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Hazards/Hazardous Materials,
Noise, Public Services, Recreation, Greenhouse Gas Emissions, Hydrology and Water Quality,
Transportation/Traffic, and Utilities/Service Systems. The EIR will examine project and cumulative effects
and a reasonable range of alternatives to the project that may be capable or reducing or avoiding potential
environmental effects that may be identified for the project. The topics of Agricultural and Forestry
Resources, Mineral Resources, and Population/Housing will not be addressed in the EIR as these do not
apply to the project or project site.
SCOPING MEETING: A scoping meeting will be held before the City of San Rafael Planning
Commission on Tuesday, February 23, 2021 at 7 PM. COVID-19 ADVISORY NOTICE: Consistent with
Executive Orders No.-25-20 and No. N-29-20 from lhe State of California Shelter in Place Order. the San
Rafael Plannin Commission hearin listed above WILL NOT be h sicall o en to the ublic and the
meeting will be streamed live to YouTube at www .youtube .com/sanrafael. Instructions on how to
participate online, will be available on the Y ouTube channel. This virtual meeting will include a brief
overview of the EIR process and allow time for comments on the scope of the EIR.
For More Information: For additional information on the project or if you wish to be placed on a mailing
list to receive further information as the project progresses, please contact Paul Jensen at (415) 485-5064,
paul.jensen@ cityofsanrafael.org or the mailing address above.
Date:
Reference:
January 25, 2021 Signature:
Name/Title: Paul A. Jensen, Community Development Director
California Code of Regulations, Title 14, (State CEQA Guidelines) Sections 15082(A), 15103, 15375
SOURCE: USGS, Esri
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Project Name
Figure 1
Regional Setting
Tiscornia Marsh Restoration and Sea level Rise Adaptation
SOURCE: Aerni! Imagery : E&ri
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D Project Sile
LTU Existing Welland
-Shoreline Levee/Trail
160888-01
Figure 2
Project Location
Tiscomia Marsh Restoration and Sea level Rise Adaptation