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Home My WebLink AboutCC Resolution 11298 (McInnis Apartment Construction)RESOLUTION NO. 11298 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A REZONING (ZCO2- 04), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-159), TENTATIVE MAP (S02-14), AND TRIP PERMIT (TP02-01) TO ALLOW THE CONSTRUCTION OF A 14 -UNIT MULTI -FAMILY RESIDENTIAL DEVELOPMENT ON A VACANT PARCEL LOCATED AT THE END OF NORTH AVENUE (MCINNIS PARK APARTMENTS IIB) (APN 155 -370 -PARCEL B) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT: WHEREAS, on December 9, 2002, applications for a Rezoning from Planned Development (PD) District to a revised PD District, an Environmental and Design Review Permit, a Tentative Map, and a Trip Permit to allow the development of a 14 -unit multi -family residential project on a 0.92 -acre site were submitted to the Community Development Department, and on January 21, 2003, the applications were deemed complete for processing; and WHEREAS, the proposed Rezoning to a revised PD District includes the consolidation of the two previous phases of the McInnis Park Apartments complex into one "master" PD; and WHEREAS, consistent with the requirements of the California Environmental Quality Act (CEQA) and the City of San Rafael Environmental Review Procedures, an Initial Study/Mitigated Negative Declaration was prepared finding that the proposed 14 -unit multi- family residential project would not result in significant environmental effects, in that revisions to the project have been made and mitigation measures are required to mitigate potential adverse impacts to less -than -significant levels; and WHEREAS, with regard to the consolidation of the two previous phases of the McInnis Park Apartments complex into one "master" PD, no further environmental review is required given that these two phases previously received an appropriate level of review consistent with CEQA and no material changes are proposed; and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, notices regarding the Mitigated Negative Declaration prepared for this project were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and AI- 7..A t WHEREAS, copies of the Initial Study/Mitigated Negative Declaration were made available for a 20 -day review period by pertinent agencies and interested members of the public, commencing on March 5, 2003; and WHEREAS, on March 25, 2003, the Planning Commission held a public hearing on the proposed project and Initial Study/Mitigated Negative Declaration and recommended adoption of the Mitigated Negative Declaration; and WHEREAS, on April 21, 2003, the City Council held a public hearing on the proposed project and Initial Study/Mitigated Negative Declaration, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based is the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as presented in Exhibit "A" based on the findings that: a) The City Council exercised its independent judgment in evaluating the Mitigated Negative Declaration and the Mitigated Negative Declaration has been considered in conjunction with comments received during the public review period and at the City Council hearing. Based on this review, the City Council has determined that: 1) there is no substantial evidence that the project will have a significant impact on the environment; and 2) revisions have been made to the project and have been included in the project as mitigation measures which reduce the potential impacts to a less -than - significant level. b) A Mitigation Monitoring and Reporting Program has been prepared for adoption to ensure implementation of, and compliance with, all conditions required to mitigate any impact to a level of insignificance. I, JEANNE M. LEONCM, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 21" day of April, 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE _M. LEONCNI, City Clerk Mitigation Measure Exhibit A MITIGATION MONITORING AND REPORTING PROGRAM McInnis Park Apartments IIB Implementation Procedure III. AIR OUALITY ......................... _ .- ....... _...........__I..._........ _........ ............ ...... ..................... ....... .-- III.b. l All active construction areas shall be watered Require as a at least twice daily. A water truck or condition of equivalent method shall be in place prior to approval commencing grading operations. III.b.2. All trucks hauling soil, sand, and other loose materials shall be covered and maintain at least two feet of freeboard. Project contractor completes watering consistent with requirement Require as a condition of approval Project contractor completes watering consistent with requirement Monitoring Responsibility Monitoring / Reporting Action & Schedule ........................... .._-...... ._ Planning Division Draft and incorporate condition as part of project approval Building Division Site inspections during construction Planning Division Draft and incorporate condition as part of project approval Building Division Site inspections during construction Exhibit A-1 Non -Compliance Monitoring Compliance Sanction/Activity Record (Name/Date) Deny project Stop construction Deny project Stop construction Exhibit A MITIGATION MONITORING AND REPORTING PROGRAM McInnis Park Apartments IIB Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Compliance Procedure Responsibility Reporting Sanction/Activity Record (Name/Date) Action & Schedule III.b.3 All paved access roads, parking areas and Require as a Planning Division Draft and Deny project staging areas at construction sites shall be condition of incorporate swept daily with water sweepers and adjacent approval condition as part of public streets shall be swept if visible soil project approval material is carried onto adjacent public streets. Project contractor Building Division Site inspections Stop construction completes watering during construction consistent with requirement III.b.4 Excavation and grading activity shall be Require as a Planning Division Draft and Deny project suspended when wind gusts exceed 25 miles condition of incorporate per hour. approval condition as part of project approval Project contractor Building Division Site inspections Stop construction completes watering during construction consistent with requirement III.b.5 The above requirements shall be noted on the Require as a Planning Division Incorporate as Deny project fmal grading plans prepared for the project or condition of condition of on a separate construction logistics plan approval project approval submitted for review and approval by the Draft construction Project Sponsor Submit plan with Require plan to Community Development Department prior to management plan application for be submitted issuance of permits. /include on grading grading permit prior to issuance plans of grading permit Review and approve Planning/Building Approve plan prior Deny issuance of plan Division to issuance of grading permit Exhibit A-2 Mitigation Measure Exhibit A MITIGATION MONITORING AND REPORTING PROGRAM McInnis Park Apartments IIB Implementation Procedure Project contractor implements approved construction management plan III.b.6 The project proponent shall inform the Require as a contractor, general contractor or site condition of supervisor of these requirements and shall be approval responsible for informing subcontractors of these requirements and for implementing these measures on the site. All project contractors implement these requirements V. CULTURAL RESOURCES V.b.I In the event that archaeological features, such as concentrations of artifacts or culturally modified soils deposits including trash pits older than fifty years of age, are discovered at any time during grading, scraping, or excavation within the property, all work shall be halted in the vicinity of the find, the Planning Division shall be notified, and a qualified archaeologist shall be contacted Monitoring Monitoring / Non -Compliance Monitoring Compliance Responsibility Reporting Sanction/Activity Record (Name/Date) Action & Schedule grading permit Building Division Inspections during Stop construction grading/ building construction Planning Division Draft and Deny project incorporate condition as part of project approval Building Division Inspections during Stop construction grading/ building construction Require as a Planning Division Draft and Deny project condition of incorporate approval condition as part of project approval Halt activity if Site supervisor/ Site inspections Issue Stop Work archeological Project Sponsor/ during construction Order until resources are Building Division discovery can be encountered during investigated Exhibit A-3 Exhibit A MITIGATION MONITORING AND REPORTING PROGRAM McInnis Park Apartments IIB Mitigation Measure Implementation Monitoring Monitoring / Non -Compliance Monitoring Compliance Procedure Responsibility Reporting Sanction/Activity Record (Name/Date) Action & Schedule immediately to make an evaluation. If grading/excavation warranted by the concentration of artifacts or soils deposits, further work in the discovery If necessary, Project Sponsor/ Report submitted Stop construction/ area shall be monitored by an archaeologist. archeologist hired by Archeologist with recommended deny project project sponsor to measures sponsor ability to complete an proceed with archeological grading and investigation construction Implement Building Division/ Complete site Stop construction/ appropriate Archeologist inspections deny project mitigation measures following sponsor ability to implementation of proceed with remediation grading and measures construction V.c.l Implement Mitigation Measure V.b.1. V.d.l If human remains are encountered during Require as a Planning Division Draft and Deny project grading and construction, all work shall stop condition of incorporate in the immediate vicinity of the discovered approval condition as part of remains and the County Coroner and a project approval qualified archaeologist shall be notified immediately so that an evaluation can be Halt activity if Site supervisor/ Site inspections Issue Stop Work performed. If the remains are deemed to be human remains are Project Sponsor/ during construction Order until Native American and prehistoric, the Coroner encountered during Building Division discovery can be shall contact the Native American Heritage grading/excavation investigated Commission so that a "Most Likely Descendant' can be designated. Contact County Project Sponsor/ Report submitted Stop construction/ Exhibit A-4 Mitigation Measure Exhibit A MITIGATION MONITORING AND REPORTING PROGRAM McInnis Park Apartments IIB Implementation Procedure Coroner Perform Archaeological evaluation Implement appropriate mitigation measures If remains are determined to be Native American, contact Native American Heritage Monitoring Responsibility Archeologist Project Sponsor/ Archeologist Building Division/ Archeologist County Coroner Exhibit A-5 Monitoring / Reporting Action & Schedule with recommended measures Report submitted with recommended measures Complete site inspections following implementation of remediation measures Complete site inspections following implementation of remediation measures Non -Compliance Monitoring Compliance Sanction/Activity Record (Name/Date) deny project sponsor ability to proceed with grading and construction Stop construction/ deny project sponsor ability to proceed with grading and construction Stop construction/ deny project sponsor ability to proceed with grading and construction Stop construction/ deny project sponsor ability to proceed with grading and construction