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HomeMy WebLinkAboutCC Resolution 14784 (190 Mill Street - Adopting Initial Study/Mitigated Negative Declaration)1 RESOLUTION NO. 14784 RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL ADOPTING AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR A GENERAL PLAN AMENDMENT (GP19-001) AND ZONING AMENDMENT (ZC19-001) ON A 13,500 SQUARE-FOOT PARCEL LOCATED AT 190 MILL STREET (HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER) (APN: 014-192-12) WHEREAS, on April 26, 2019, Paul Fordham, on behalf of the property owner Homeward Bound of Marin, submitted applications for a General Plan Amendment (GPA19- 001) to change the existing LI/O land Use designation to High-Density Residential (HDR) Land Use Designation, Zoning Map Amendment (ZO19-001) to change the existing Canal Core Industrial/Office (CCI/O) zoning classification to the high-density residential zoning (HR1) zoning classification, and Use Permit (UP19-014) for a new emergency shelter to replace the existing shelter; and WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed Study Session on the proposed project, accepting all oral and written public comments and the written report of the Department of Community Development; and WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, staff determined that the request for amendments to the General Plan and Zoning maps is defined as a ‘project,’ making it subject to environmental review. Pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared to determine the potential environmental impacts of the project; and WHEREAS, as demonstrated in the preparation of an Initial Study, all potentially significant effects on the environment identified in the IS/MND can be mitigated to less-than- significant levels with implementation of the recommended mitigation measures; including impacts to Cultural Resources, Geology and Soils, and Tribal Resources. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated Negative Declaration; and WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (MMRP) has been prepared, which outlines the procedures/steps and requirements for implementing all mitigation measures identified in the IS/MND. The MMRP is attached as Attachment A; and WHEREAS, the subject site was posted with a public notice regarding the Mitigated Negative Declaration prepared for this project and notices were published in a local newspaper of general circulation in the area and mailed to surrounding property owners within 400 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and 2 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 January 2, 2020 and concluding on January 22, 2020; and WHEREAS, the City has evaluated the comments received from public agencies, utilities, organizations, special interest groups and persons who have reviewed the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and determined that no changes or modifications were deemed necessary to the Initial Study/Mitigated Negative Declaration; and WHEREAS, on February 25, 2020, the Planning Commission held a public hearing on the proposed project, the planning applications associated with the Homeward Bound of Marin Supportive Housing and Emergency Shelter Project at 190 Mill Street and the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, accepting all oral and written public testimony and the written report of the Department of Community Development. On a vote of 6-0-1 (Commissioner Lubamersky Abstained), the Planning Commission adopted a Resolution 20-08, recommending that the City Council adopt the IS/MND and the approve a Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, on April 6, 2020, the City Council held a duly noticed public hearing on the proposed project, accepting and considering 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 of the City of San Rafael. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby adopt the Mitigated Negative Declaration and approves the Mitigation Monitoring and Reporting Program as presented in Attachment "A" attached hereto and incorporated herein by reference, 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 Planning Commission hearing. Based on this review, the City Council finds and determines 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 less than significant. All mitigation measures have also been included as conditions of the project’s approval in the separate Resolution. 3 I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 6th day of April 2020, by the following vote to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Attachment A Mitigation Monitoring and Reporting Program Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) CULTURAL RESOURCES Mitigation Measure CULT-1: Protect Archaeological Resources Identified during Construction: The project sponsor shall ensure that construction crews stop all work within 100 feet of the discovery until a qualified archaeologist can assess the previously unrecorded discovery and provide recommendations. Resources could include subsurface historic features such as artifact-filled privies, wells, and refuse pits, and artifact deposits, along with concentrations of adobe, stone, or concrete walls or Require as a condition of approval. Project sponsor designates qualified professional pursuant to NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits. Planning Division Planning/ Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery of unknown resources Planning/Building Division verifies appropriate approvals obtained prior to issuance of building permit Deny project Deny issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) foundations, and concentrations of ceramic, glass, or metal materials. Native American archaeological materials could include obsidian and chert flaked stone tools (such as projectile and dalt points), midden (culturally derived darkened soil containing heat-affected rock, artifacts, animal bones, and/or shellfish remains), and/or groundstone implements (such as mortars and pestles). (Checklist Item V.b.) Mitigation Measure CULT-2: Protect Human Remains Identified During Construction: The Project proponent shall treat any human remains and associated or unassociated Require as a condition of approval. Project sponsor designates qualified professional Planning Division Planning/ Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery Deny project Deny issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) funerary objects discovered during soil-disturbing activities according to applicable State laws. Such treatment includes work stoppage and immediate notification of the Marin County Coroner and qualified archaeologist, and in the event that the Coroner's determination that the human remains are Native American, notification of NAHC according to the requirements in PRC Section 5097.98. NAHC would appoint a Most Likely Descendant ("MLD"). A qualified archaeologist, the Project proponent, County of Marin, and MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any pursuant to NAHC requirements and obtains approvals from appropriate agencies prior to issuance of building permits. of unknown resources Planning/Building Division verifies appropriate approvals obtained prior to issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) human remains and associated or unassociated funerary objects (CEQA Guidelines Section I5064.S[d]). The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects. The PRC allows 48 hours to reach agreement on these matters. (Checklist Item V.c.) GEOLOGY AND SOILS Mitigation Measure GE0-1: Prior to a grading or building permit submittal, the project sponsor shall prepare a design- Require as a condition of approval. Planning Division Department of Incorporate as condition of project approval Public Works/ Building Division Deny project Deny issuance of Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submit the report to the City Engineer. Minimum mitigation includes design of new structures in accordance with the provisions of the current California Building Code or subsequent codes in effect when final design occurs. Recommended seismic design coefficients and spectral accelerations shall be consistent with the findings presented in Section 5.1 of the January 8, 2018, Miller Pacific report. (Checklist Item VII.a.ii.) Project sponsor prepares a design- level geotechnical investigation prepared by a qualified and licensed geotechnical engineer and submits report to City Engineer. Public Works (City Engineer) verifies appropriate design level report prior to issuance of building permit. building permit Mitigation Measure GE0-2: Prior to a grading or building Require as a condition of approval. Planning Division Incorporate as condition of project approval Deny project Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) permit submittal, the project sponsor shall prepare a site drainage system prepared by a qualified and licensed civil engineer and submit the report to the City Engineer. The site drainage system will demonstrate the ability to collect surface water and discharge into an established storm drainage system. The project Civil Engineer or Architect is responsible for designing the site drainage system and, an erosion control plan shall be developed prior to construction per the current guidelines of the City of San Rafael Public Works Department (DPW) Grading and Construction Erosion and Sediment Control Plan Permit Project sponsor prepares a design- level drainage system prepared by a qualified and licensed civil engineer and submit report to City Engineer. Department of Public Works (City Engineer) Public Works/ Building Division verifies appropriate design level report prior to issuance of building permit. Deny issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) Application Package and the Regional Water Quality Control Board standards. (Checklist Item VII.b.) Mitigation Measure GE0-3: Should paleontological resources be encountered during project subsurface construction activities located in previously undisturbed soil and bedrock, all ground-disturbing activities within 25 feet shall be halted and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. For purposes of this mitigation, a "qualified paleontologist" shall be an individual with the Require as a condition of approval. Project sponsor designates qualified paleontologist, consult with agencies prior to issuance of building permits. Planning Division Building Division Incorporate as condition of project approval Should paleotontological resources be encountered during project subsurface construction activities located in previously undisturbed soil or bedrock, all ground-disturbing activities within 25 feet shall be halted. Planning/Building Division contacted and Deny project Suspend/halt building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) following qualifications: 1) a graduate degree in paleontology or geology and/or a person with a demonstrated publication record in peer- reviewed paleontological journals; 2) at least two years of professional experience related to paleontology; 3) proficiency in recognizing fossils in the field and determining their significance; 4) expertise in local geology, stratigraphy, and biostratigraphy; and 5) experience collecting vertebrate fossils in the field. If the paleontological resources are found to be significant and project activities cannot avoid them, measures shall be implemented to ensure that the appropriate agencies alerted to discoveries. Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) project does not cause a substantial adverse change in the significance of the paleontological resource. Measures may include monitoring, recording the fossil locality, data recovery and analysis, a final report, and accessioning the fossil material and technical report to a paleontological repository. Upon completion of the assessment, a report documenting methods, findings, and recommendations shall be prepared and submitted to the City for review. If paleontological materials are recovered, this report also shall be submitted to a paleontological repository such as the University of California Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) Museum of Paleontology, along with significant paleontological materials. Public educational outreach may also be appropriate. The project applicants shall inform its contractor(s) of the sensitivity of the project site for paleontological resources and shall verify that the following directive has been included in the appropriate contract specification documents: "The subsurface of the construction site may contain fossils. If fossils are encountered during project subsurface construction, all ground-disturbing activities within 25 feet shall be halted Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) and a qualified paleontologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move any paleontological materials. Fossils can include plants and animals, and such trace fossil evidence of past life as tracks or plant imprints. Marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Vertebrate land mammals may include bones of mammoth, camel, saber tooth cat, horse, Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) and bison. Contractor acknowledges and understands that excavation or removal of paleontological material is prohibited by law and constitutes a misdemeanor under California Public Resources Code, Section 5097.5." (Checklist Item VII.f.) TRIBAL CULTURAL RESOURCES Mitigation Measure TRIBAL-1: Implementation of the unanticipated discovery measures outlined in Section V(b) and (d) above, address the potential discovery of previously unknown resources within the project area. If significant tribal cultural resources are identified Require as a condition of approval. Project sponsor designates qualified professional pursuant to NAHC requirements and Planning Division Planning/ Building Division Incorporate as condition of project approval Project sponsor to halt work immediately upon discovery of unknown resources Planning/Building Division verifies Deny project Deny issuance of building permit Attachment A File #: GPA19-001/ZC19-001 Title: Resolution Recommending Adoption of Mitigated Negative Declaration Exhibit: 2a Attachment A MITIGATION MONITORING AND REPORTING PROGRAM HOMEWARD BOUND OF MARIN SUPPORTIVE HOUSING AND EMERGENCY SHELTER - 190 MILL STREET, SAN RAFAEL, CA Mitigation Measure Implementation Procedure Monitoring Responsibility Monitoring / Reporting Action & Schedule Non-Compliance Sanction/Activity Monitoring Compliance Record (Name/Date) onsite, all work would stop immediately within 50 feet of the resource(s) and the project applicant would comply with all relevant State and City policies and procedures prescribed under PRC Section 21074. (Checklist Item XVIII.a.i. and ii.) obtains approvals from appropriate agencies prior to issuance of building permits. appropriate approvals obtained prior to issuance of building permit