HomeMy WebLinkAboutCC Resolution 15359 (Northgate Town Square Project)4880-8762-1110 v3
RESOLUTION 15359
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING AN ENVIRONMENTAL IMPACT
REPORT PREPARED FOR THE NORTHGATE TOWN SQUARE PROJECT, PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(APNS 175-060-12, 175-060-40, 175-060-59, 175-060-61, 175-060-66 & 175-060-67)
(SCH #2021120187)
WHEREAS, the Northgate Mall, located at 5800 Northgate Drive, began operation in 1964, underwent
major renovations in 1987 to enclose the original open-air design, and was subsequently renovated and
altered in 2008, and currently consists of approximately 766,507 square feet of commercial space in multiple
buildings plus a movie theater, parking structure and surface parking lots; and
WHEREAS, in 2017 Merlone Geier Partners purchased the property from The Macerich Company;
and
WHEREAS, on March 10, 2021, David Geiser, on behalf of Merlone Geier Partners submitted project
applications to the City of San Rafael Community and Economic Development Department for a Planned
Development (PD) Rezoning (ZC21-001), Vesting Tentative Subdivision Map (TS21-002), Master Use Permit
(UP21-007), Environmental and Design Review Permit (ED21-024) and associated Density Bonus
application, Master Sign Program (SR24-002), and Development Agreement (DA21-001) for the phased
redevelopment of the Northgate Mall, into a mixed-use development with retail and residential components,
referred to as the Northgate Town Square Project, the Northgate Mall Redevelopment Project, or in this
Resolution, simply the “Project”; and
WHEREAS, during initial review of the application materials, the City of San Rafael determined that
the proposed redevelopment constituted a “project” pursuant to Section 15378 of the California Environmental
Quality Act (CEQA) Guidelines; and
WHEREAS, the City of San Rafael obtained the services of LSA Associates, Inc. to prepare
documentation of the project’s environmental impacts consistent with CEQA; and
WHEREAS, on September 14, 2021, the San Rafael Planning Commission and Design Review Board
held a Joint Study Session to provide feedback to the applicant regarding the project’s land use and design
components; and
WHEREAS, on December 9, 2021, a Notice of Preparation (NOP) of an Environmental Impact Report
(EIR) was published with the State Clearinghouse, filed with the Marin County Clerk, published on the City of
San Rafael website, circulated in the Marin Independent Journal, and mailed to all owners and occupants of
properties within a 300-foot radius of the Project Site, commencing a public comment period on the scope
and contents of the EIR, extending through January 14, 2022; and
WHEREAS, on January 11, 2022, in compliance with local regulations and CEQA Section 21083.9,
the Planning Commission held a duly noticed public scoping meeting on the NOP to take comments for
preparation of the EIR; and
WHEREAS, commenters provided verbal comments at the January 11, 2022, scoping meeting and 55
written comments during the NOP comment period; and
WHEREAS, comments received in response to the NOP generally related to: project size; consistency
with the San Rafael General Plan and other planning and policy documents; residential density and
inclusionary housing; visual character, scenic views, and nighttime lighting; archaeological and tribal
resources; stability of site soils; water quality, stormwater treatment, and nearby waterways; hazards and
hazardous materials; vehicle trips, traffic congestion, vehicle miles traveled, circulation, emergency access,
alternative modes of travel, and parking; air quality and health risks; greenhouse gas emissions, energy
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consumption, and use of backup energy sources; noise and vibration; public services; parks and recreational
services; water supply, infrastructure improvement, and solid waste services; nesting birds, bats, and wildlife
corridors; wildfire and emergency evacuation; and cumulative impacts; and
WHEREAS, on March 9, 2022, the applicant submitted revisions to the project application in response
to feedback at the joint study session of the Planning Commission and Design Review Board held on
September 14, 2021; and
WHEREAS, on May 17, 2022, the City of San Rafael Design Review Board held a public meeting to
provide feedback on the project, including revisions made to address comments provided at the September
14, 2021, Joint Study Session of the Planning Commission and Design Review Board; and
WHEREAS, on November 29, 2022, the Planning Commission conducted a Study Session to provide
feedback and comments on revisions made to address Planning Commission, Design Review Board, and
community feedback; and
WHEREAS, on May 8, 2023, the applicant submitted revisions to the project application in response
to feedback from both the Design Review Board and Planning Commission; and
WHEREAS, on July 21, 2023, the applicant submitted further revisions and refinements to the project
application; and
WHEREAS, on July 18, 2023 the Design Review Board held a public meeting to provide feedback on
the project, including revisions made to address comments provided at the preceding study sessions and
public meetings; and
WHEREAS, on September 6, 2023 the Design Review Board held a public meeting to provide
feedback on the project, including revisions made to address comments provided at the preceding study
sessions and public meetings; and
WHEREAS, on November 3, 2023, the applicant submitted revisions to the project application; and
WHEREAS, on January 5, 2024 a Notice of Completion (NOC) and Notice of Availability (NOA) of the
Draft EIR (DEIR) was filed with the State Clearinghouse and the Marin County Clerk, circulated in the Marin
Independent Journal, and mailed to interested persons, property owners and occupants of properties within
the 94903 zip code, and to all responsible, trustee and other public agencies, and was published on the City’s
website, and made available for a 45-day public comment period, beginning on January 5, 2024 and closing
at 5:00 p.m. on February 19, 2024; and
WHEREAS, the City prepared and distributed copies of the DEIR in conformance with CEQA,
specifically CEQA Guidelines Section 15086, to those public agencies that have jurisdiction by law with
respect to the project and to other interested persons and agencies, and sought the comments of such
persons and agencies; and
WHEREAS, on January 25, 2024, the City of San Rafael extended the 45-day public comment period
on the DEIR to March 5, 2024; and
WHEREAS, the Planning Commission held a public hearing on February 13, 2024, to consider the
DEIR, the purpose of the hearing being to inform the public about the contents of the DEIR and to receive oral
comments about the adequacy and accuracy of the DEIR; and
WHEREAS, written and oral comments on the DEIR have been received and responses to those
comments have been prepared in the form of a Response to Comments Document and Final Environmental
Impact Report ("RTC Document"), which together with the DEIR constitutes the Final EIR (“FEIR”); and,
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WHEREAS, on June 4, 2024, the applicant submitted a Revised Project to respond to comments
received from the Planning Commission, Design Review Board, and members of the public and for evaluation
in the RTC Document; and
WHEREAS, the Revised Project now is the final version of the project before the City for consideration
and includes a two-phase, mixed-use development, described as the 2025 Master Plan (Phase 1) and 2040
Vision Plan (Phase 2); and
WHEREAS, Phase 1 of the Revised Project consists of demolition of approximately 308,946 square
feet of existing commercial space, ongoing use of approximately 457,561 square feet of existing commercial
space, construction of approximately 44,380 square feet of new commercial space (resulting in approximately
501,941 square feet of net total commercial space), construction of 864 residential units (inclusive of 87 low-
income units), construction of an approximately 56,975 square foot Town Square, construction of an
approximately 9,604 square foot bike hub with amenities, and construction of other site improvements
including but not limited to bicycle and pedestrian facilities, parking areas, fencing, lighting, landscaping,
stormwater management areas, and signage; and
WHEREAS, Phase 2 of the Revised Project includes demolition of another approximately 339,861
square feet of the original existing commercial space, ongoing use of the remaining approximately 117,700
square feet of original existing commercial space plus the approximately 44,380 square feet of new Phase 1
commercial space, construction of approximately 57,300 square feet of additional new commercial space
(resulting in approximately 219,380 square feet of net total commercial space), and construction of an
additional 558 residential units (inclusive of 56 affordable units); and
WHEREAS, at full buildout, the Revised Project includes 219,380 square feet of commercial space,
1,422 residential units (inclusive of 143 units affordable to lower income households), and all site
improvements and amenities including the 56,975 square foot Town Square, 9,604 square foot bike hub with
amenities, bicycle and pedestrian facilities, parking areas, fencing, lighting, landscaping, stormwater
management areas, and signage; and
WHEREAS, on June 4, 2024, as part of the Revised Project the applicant withdrew the Development
Agreement (DA21-001) application; and
WHEREAS, on August 26, 2024, Merlone Geier Partners held a Community Open House at the
project site to engage with the community about the Revised Project; and
WHEREAS, the Revised Project is described in the RTC Document, including analysis of any
changes in the environmental impacts or feasible mitigation from the original project analyzed in the DEIR;
and
WHEREAS, as outlined in Chapter 2 of the RTC Document, the Revised Project is determined to not
present a substantial modification to the project description as analyzed in the DEIR, and therefore does not
trigger requirements for recirculation consistent with CEQA guidelines; and
WHEREAS, the environmental effects of the Revised Project have been analyzed and compared to
the environmental effects presented in the DEIR, and that analysis has been included in the RTC Document,
concluding that:
a) No new significant environmental impacts not previously identified in the DEIR would result from the
Revised Project, and
b) No substantial increase in the severity of a previously identified environmental impact has been
identified as resulting from the Revised Project, and no additional mitigation measures are necessary
to reduce such impacts to a level of insignificance, and
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c) There is no feasible alternative or mitigation measure considerably different from others previously
analyzed in the DEIR that would clearly lessen significant environmental impacts of the Revised
Project and that the Project applicant declines to adopt; and
WHEREAS, on September 24, 2024, the Planning Commission held a publicly noticed study session
to review the Revised Project and provide clarification of the scope of the project and anticipated milestones;
and
WHEREAS, notice of public hearing was published in the Marin Independent Journal on October 12,
2024, posted onsite, and mailed to interested persons, property owners and occupants of all properties within
the 94903 zip code, and to all responsible, trustee and other public agencies that commented on the DEIR,
informing them of the Planning Commission hearing on October 29, 2024, for recommendation to the City
Council, and the RTC Document was released for public review on October 18, 2024; and
WHEREAS, the RTC Document was circulated for more than the required 10-day public review period
beginning on October 18, 2024, and extending through City Council consideration on December 2, 2024; and
WHEREAS, the City distributed copies of the RTC Document in conformance with CEQA to those
public agencies that have jurisdiction by law with respect to the project and to other interested persons and
agencies, and sought the comments of such persons and agencies; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 29, 2024, at
which time it considered the FEIR and accepted public testimony, and approved Planning Commission
Resolution No. 24-06 recommending that the City Council certify the FEIR and adopt findings of fact, a
statement of overriding considerations, and a mitigation monitoring and reporting program; and
WHEREAS, also at their duly noticed public hearing on October 29, 2024, the Planning Commission
approved Resolution No. 24-07 recommending the City Council adopt an ordinance approving a Zoning
Amendment to rezone the Project Site from General Commercial to the Northgate Town Square Planned
Development District; and
WHEREAS, also at their duly notice public hearing on October 29, 2024, the Planning Commission
approved Resolution No. 24-08 recommending the City Council adopt a resolution approving project
entitlements, including a Vesting Tentative Subdivision Map, a Master Use Permit, an Environmental and
Design Review Permit, and a Master Sign Program for the Project; and
WHEREAS, on November 22, 2024, the City published an Addendum to the RTC Document that
included responses to approximately 20 public comment letters received during the public comment period on
the DEIR but which had previously been omitted from the RTC Document; and
WHEREAS, the City received additional comment letters regarding the DEIR and the RTC Document
prior to the Planning Commission’s October 29, 2024 public hearing and the City prepared responses to
those comments in a Supplemental RTC that was also published by the City on November 22, 2024; and
WHEREAS, also on November 22, 2024, the City sent additional notification to Sonoma Marin Area
Rail Transit (SMART) and Marin Transit as public agencies that had previously submitted comments on the
DEIR in compliance with CEQA requirements, sent at least ten days prior to the City Council’s consideration
of the FEIR for certification; and
WHEREAS, notice of public hearing was published in the Marin Independent Journal on November
16, 2024, posted onsite, and mailed to interested persons, property owners and occupants of all properties
within the 94903 zip code, and to all responsible, trustee and other public agencies that commented on the
DEIR, informing them of the City Council hearing on December 2, 2024, for consideration of certification of the
EIR and approval of the Project Entitlements; and
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WHEREAS, on December 2, 2024, the City Council held a duly noticed public hearing to review the
RTC Document, Errata to the RTC Document, Supplemental RTC and FEIR for the Project and considered all
oral and written public testimony and the written report of the Community and Economic Development
Department; and
WHEREAS, the custodian of the documents and other materials that constitute the record of
proceedings for the Revised Project is the City of San Rafael, Community and Economic Development
Department, San Rafael City Hall, 1400 Fifth Ave, San Rafael, CA 94901;
NOW THEREFORE BE IT RESOLVED by the City Council that the above recitals are true and
correct and incorporated by reference.
BE IT FURTHER RESOLVED that the City Council hereby certifies the FEIR, based upon the
following findings required by the California Environmental Quality Act and the CEQA Guidelines:
1. The Northgate Town Square Project FEIR (SCH# 2021120187), inclusive of the DEIR, RTC Document,
Addendum to the RTC Document, Supplemental RTC, references, appendices, and all attachments
thereto, has been completed in compliance with CEQA.
2. The FEIR was presented to the City Council, which has reviewed and considered the information
contained in the FEIR prior to taking action regarding approval of the Revised Project.
3. The FEIR reflects the City of San Rafael’s independent judgment and analysis regarding the Revised
Project.
4. The information contained in the FEIR is current, correct, and complete for document certification. As a
result of comments submitted on the DEIR, the RTC Document, the Addendum to the RTC Document and
the Supplemental RTC provide responses to comments received on the DEIR and provide clarification to
those comments.
5. The environmental effects of the Revised Project have been analyzed and compared to the environmental
effects presented in the DEIR, and that analysis has been included in the FEIR, concluding that:
a. No new significant environmental impacts not previously identified in the DEIR would result from the
Revised Project, and
b. No substantial increase in the severity of a previously identified environmental impact has been
identified as resulting from the Revised Project, and no additional mitigation measures are necessary
to reduce such impacts to a level of insignificance, and
c. There is no feasible alternative or mitigation measure considerably different from others previously
analyzed in the DEIR that would clearly lessen significant environmental impacts of the Revised
Project and that the Project applicant declines to adopt; and
6. None of the grounds exist that would require recirculation of the FEIR for additional public review prior to
certification of the FEIR and consideration of Project approval. New information provided by comments,
responses to comments or otherwise added to the FEIR merely clarify, amplify or make insignificant
modifications and do not alter its conclusions. Submission of the Revised Project and its consideration for
approval do not require recirculation as explained in Chapter 2 and elsewhere in the RTC Document, as
the grounds for recirculation do not arise as a result of any change to the Project that was evaluated in the
DEIR.
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7. The FEIR presents factual, quantitative and qualitative data and studies, which find and support the
conclusion that the project will result in several potentially significant impacts that necessitate mitigation. If
the City approves the Revised Project, it will be necessary to make complete and detailed findings
pursuant to Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a). For each
significant effect identified in the FEIR, the City will be required to make one or more of the following
findings:
a. That changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR; that such
changes or alterations are within the responsibility and jurisdiction of another public agency and not
the agency making the finding, and that such changes have been adopted by such other agency or
can and should be adopted by such other agency;
b. That specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in the FEIR; and
c. As the project would result in several significant, unavoidable impacts, findings of overriding
consideration will be required. Such findings will require that the City weigh the benefits of the project
with the environmental impacts that cannot be mitigated.
8. The City is taking an action to certify the FEIR for the Revised Northgate Town Square Project,
recognizing it as an informational document for assessment of the project. The CEQA Guidelines
recognize that an environmental document is prepared for public disclosure of potential project impacts
and that it is used as an informational document to guide decision-makers in considering project merits.
Certification of the FEIR, as presented, does not result in a land use entitlement or right of development
for the project site. Certification of the FEIR prior to consideration of and taking action on project
entitlements does not prejudice or bias review or actions on the proposed development project.
I, LINDSAY LARA, CLERK of the City of San Rafael, hereby certify that the foregoing resolution was
duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular
meeting, held on the 2nd day of December 2024, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
