HomeMy WebLinkAboutCC Resolution 12402 (General Plan 2020 EIR)RESOLUTION NO. 12402
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING AN
ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (FEIR)
FOR GENERAL PLAN 2020 AND A GENERAL PLAN AMENDMENT ESTABLISHING A TRAFFIC
LEVEL OF SERVICE FOR THE THIRD AND UNION INTERSECTION
WHEREAS, on November 15, 2004 the San Rafael City Council adopted Resolution 11664
certifying the General Plan 2020 Final Environmental Impact Report (EIR) as legally sufficient and
prepared in compliance with the provision of the California Environmental Quality Act; and
WHEREAS, the San Rafael General Plan 2020 included proposed modifications to the
intersection of Third and Union Streets in Exhibit 21 — Major Planned Circulation Improvements to address
concerns with pedestrian safety and improve access to adjacent retail facilities; and
WHEREAS, the San Rafael General Plan 2020 Final EIR analyzed the impacts of the proposed
intersection modifications which improve pedestrian safety and vehicular turning movements, but result in
a decrease in the vehicular level of service (LOS) from LOS D to LOS E in the evening peak hour, which
would not be in compliance with the traffic level of service standards established by Policy C-5 of General
Plan 2020, identifying in Impact IV.2-3 (Draft EIR, p. IV.2-30-31 and Final EIR, p. IX -548-549) that this
change in LOS would constitute a significant unavoidable impact for which there were no additional
feasible mitigation measures that would reduce this impact; and
WHEREAS, the San Rafael General Plan 2020 Policy C-4 provides for circulation improvements
at local intersections which may exceed the adopted level of service standards if the City Council
determines that the improvements are needed for public safety, including bicycle and pedestrian safety
and requires that the City Council adopt an appropriate LOS standard for the modified intersection; and
WHEREAS, the City's Traffic Engineer has recommended pedestrian and bicycle safety
improvements at the Third and Union intersection, noting that there have been ten accidents involving
pedestrians and bicyclists in the past three years at this location, that there is a very high volume of
pedestrian and bicycle use of the intersection due to the proximate location of San Rafael High School,
the Montecito Shopping Center, Whole Foods and the San Rafael Commons (a high-density senior
housing development), and that the proposed intersection modifications have been requested by the
Montecito Area Residents Association; and
WHEREAS, Policy C-4 of General Plan 2020 requires that the City Council establish a new
acceptable LOS for signalized intersections which exceed the current LOS when safety enhancements are
approved; and
WHEREAS, the City's Traffic Engineer has recommended that an LOS of E with a maximum
peak hour delay of 70 seconds be adopted for the modified intersection of Third and Union Streets to
accommodate the desired safety modifications and future traffic growth through the year 2020 based on
development assumptions contained in General Plan 2020; and
WHEREAS, on November 13, 2007 the San Rafael Planning Commission held a noticed public
hearing and recommended adoption of a General Plan Amendment establishing a new acceptable Level
of Service E for the intersection with a maximum average delay of 70 seconds during the morning and
evening peak hours and recommended adoption of an Addendum to the previously certified General Plan
2020 Final Environmental Impact Report;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby
adopts this Resolution, amending Policy C-5 of General Plan 2020 as indicated in Exhibit A to allow an
LOS of E for the Third and Union intersection up to a maximum peak hour delay of 70 seconds and
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adopts an Addendum presented in Exhibit B to the Final EIR that had been prepared for General Plan
2020 in accordance with CEQA and the State Guidelines, based on the following findings:
1. There is substantial evidence in the record that the Final EIR Addendum, in conjunction with the
General Plan 2020 FEIR certified by the City Council on November 15, 2004, adequately
addresses all potential environmental impacts associated with the project.
2. As proposed, the adoption of an Addendum to the previously certified FEIR is appropriate and
consistent with the provisions of Section 15164 of the California Environmental Quality Act (CEQA),
in that the proposed modifications to the intersection of Third and Union Streets are consistent and
within the scope of those improvements identified and analyzed in the General Plan 2020 EIR,
would not result in new significant effects beyond those previously identified, and there have not
been changed circumstances or new information related to traffic or circulation affecting the
intersection of Third and Union Streets that were not analyzed or anticipated in the General Plan
2020 EIR as documented in the attached Exhibit B.
I, JEANNE M. LEONCINI, 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 Council of said City
on Monday, the 3rd day of December, 2007, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JEAN LEONCINI, City Clerk
EXHIBIT A
Proposed General Plan Amendment
C-5. Traffic Level of Service Standards.
A. Intersection LOS. In order to ensure an effective roadway network, maintain
adequate traffic levels of service (LOS) consistent with standards for signalized
intersections in the A.M. and P.M. peak hours as shown below, except as provided
for under (B) Arterial LOS.
Intersection Level of Service Standards, A.M. and P.M. Peak Hours
Location
Citywide, except as noted below
LOS
FBI
a. Downtown except as noted below E
1. Mission Ave. and Irwin F
b. Irwin Street and Grand Avenue between E
Second Street and Mission Avenue
c. Third and Union Streets E*
d. Andersen and West Francisco E
e. Andersen and Bellam E
f. Freitas at Civic Center/Redwood Highway E
g. Merrydale at Civic Center Drive E
h. Merrydale at Las Gallinas E
* Maximum 70 seconds of delav durine peak hours.
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EXHIBIT B
CITY OF SAN RAFAEL
Department of Community Development
MEMORANDUM
DATE: September 4, 2007
TO: City File Nos. GPA07-001
FROM: Bob Brown, Community Development Director
RE: Third and Union Intersection Improvements
SUBJECT: Addendum to the Certified General Plan 2020 Final Environmental Impact
Report - State Clearinghouse Number 2003052031.
BACKGROUND
On November 15, 2004, the San Rafael City Council certified the Final Environmental Impact Report
(FEIR) for General Plan 2020 (State Clearinghouse No. 2003052031), adopting with findings
pursuant to the California Environmental Quality Act. The General Plan established Level of
Service (LOS) standards for vehicular delay at signalized intersections in Policy C-5 of the
Circulation Element, allowing an LOS of D in the morning and evening peak hours for intersections
outside of the Downtown.
The EIR for General Plan 2020 analyzed future growth assumptions for the City and the resulting
traffic impacts at signalized intersections, including anticipated circulation system improvements
which were listed Circulation Element Exhibit 21. Circulation Improvement 19 included anticipated
improvements to the intersection of Third and Union Streets which would:
1. Lengthen the left turn lane on eastbound Third Street west of Union Street to alleviate
traffic back-ups when vehicles turning left extend beyond the existing turn lane and restrict
traffic in the two through lanes,
2. Add a new right turn lane on westbound Third Street east of Union Street to facilitate right
turning movements,
3. Add a new through lane on northbound Union Street north of Third Street and a new left
turn lane to facilitate turning movements into the Whole Foods Market parking lot, and
4. Modify the intersection signal phasing and timing to eliminate pedestrian conflicts with left -
turning vehicular movements, providing additional signal time for pedestrians and less
signal time for vehicular movements.
The General Plan 2020 EIR determined that implementation of the proposed intersection
improvements at Third and Union Streets would result in increased vehicular delay and degradation
in the intersection LOS (Impact IV.2-3 on Page IV.2-30). Intersection LOS would change from
acceptable LOS D under Baseline conditions to unacceptable LOS E under the proposed project
during the PM peak hour. The EIR determined that this change would be a significant impact and
that there were no additional feasible mitigation measures that would further reduce this impact.
The City Council adopted a finding of overriding considerations for this significant impact upon
adoption of General Plan 2020 and certification of the General Plan 2020 EIR.
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CURRENT PROPOSAL
The purpose of this memorandum is to consider whether the current project description is within the
scope of the prior environmental review and shall serve as an Addendum, as described in CEQA
Guidelines Section 15164. A detailed project description and rationale is provided in a memorandum
from the City Traffic Engineer dated December 6, 2006, and included as Attachment 1.
Section 15164 of the CEQA Guidelines provides that: "...a responsible agency shall prepare an
addendum to an EIR if: (1) None of conditions described in Section 15162 calling for preparation of a
subsequent EIR have occurred; (2) Only minor technical changes or additions are necessary to make
the EIR under consideration adequate under CEQA; and (3) The changes to the EIR made by the
addendum do not raise important new issues about the significant effects on the environment."
Under CEQA, an addendum does not need to be circulated for public review, and can be included in
or attached to the previously certified Final EIR; and the lead agency must consider the addendum
in conjunction with the certified Final EIR, prior to making a decision on the project.
As discussed below, the proposed modifications to the intersection at Third and Union Streets is
consistent with that described in General Plan 2020 and considered in its EIR and would not result
in any new significant impacts on the environment or alter the efficacy of other mitigation measures
contained in the Final EIR. Consequently, pursuant to CEQA Guidelines Section 15162 and 15164,
the Department of Community Development has concluded that no new significant impacts would
result from the proposed changes in the tower design and relocation of proposed and existing
microwave dishes and antennas. Furthermore, no important changes in circumstances involving
potential significant impacts have occurred since the Final EIR was certified in November 2004, and
no new information has come to light that would involve the potential for new significant impacts no
discussed in the Final EIR.
As directed by General Plan 2020 Circulation Policy C-4, in authorizing the modifications to the
intersection of Third and Union Streets which exceed the acceptable intersection LOS in order to
improve pedestrian safety, the City Council is required to establish a new LOS standard for the
intersection. A General Plan Amendment is now proposed to establish an LOS of E, with a
maximum acceptable delay of 70 seconds during the peak commute hours, for the subject
intersection. This LOS will accommodate the limited growth assumed for the San Pedro Peninsula
and corresponding growth in traffic, which was estimated to result in a cumulative LOS of 67
seconds of delay in the evening peak hour.
ENVIRONMENTAL ANALYSIS
The proposed modifications to the intersection of Third and Union Streets are consistent with those
described in Exhibit 21 of General Plan 2020 and analyzed in the Draft and Final EIR. The southern
portion of the intersection consists of the ingress and egress to the Montecito Shopping Center, which
has implemented its portions of the planned intersection improvements including the widening of the
entry to provide a double left turn land and one through/right lane and addition of a sidewalk on the
east side of the driveway.
In addition to the environmental assessment contained in the General Plan 2020 EIR, a project -
specific noise assessment was prepared by Illingworth & Rodkin, Inc., acoustic consultants, dated
April 30, 2007, and included as Attachment 2. The noise study indicates that the widening of Union
Street will place traffic noise closer to the sleeping quarters of City Fire Station 2, but that the
increase in average noise levels would be 0.8 dBA (Lan), which would not be a perceptible difference
from the current ambient noise level and would not be considered a significant increase within the
standards set by the Noise Element of General Plan 2020. While the study also concluded that
temporary construction noise would not constitute a significant impact, it recommends a number of
construction mitigation measures to reduce the temporary impacts on the fire station.
A detailed evaluation of the project impacts in comparison to those analyzed in the General Plan
2020 EIR is included as Attachment 3.
CONCLUSION
As discussed above, the detailed design for the modifications to the intersection of Third and Union
Streets will not result in any substantial changes in the potential environmental effects analyzed in
the certified General Plan 2020 Final EIR. Accordingly, no supplemental or subsequent EIR is
required and no further environmental evaluation is necessary pursuant to the CEQA Guidelines
Sections 15162, 15163 and 15164.
The certified Final EIR for General Plan 2020, together with this Addendum, will constitute the
environmental document for the proposed intersection improvements.