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
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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.
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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