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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 'y sC, !k 4 Q ,Ils 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 2 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. 3 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. 0 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.