RESOLUTION NO. _____
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APROVING A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE DEVELOPMENT OF A NEW CITY OF SAN RAFAEL FIRE STATION 57
AT 3530 CIVIC CENTER DRIVE (PTN. OF MARIN COUNTY CIVIC CENTER CAMPUS)
(PORTION OF APN: 179-270-12)
WHEREAS, in 2013, the San Rafael voters approved Measure E, which established a sales tax to fund long-term improvements to the City’s essential facilities; and
WHEREAS, following the voter-approved Measure E, in 2015, the City Council adopted the San Rafael Essential Facilities Strategic Plan, which presents the City’s road map for the replacement of and improvements to the aging emergency service facilities. Concurrent with this action, the City Council authorized funding for Phase 1 of this plan, which includes the rebuilding of Fire Station 52 and fire training center, the development of a new Public Safety Center in Downtown San Rafael, and the rebuilding of Civic Center Fire Station 57 (subject project); and
WHEREAS, the City hired Mary McGrath Architects and Kitchell to design and oversee development, respectively, of the Phase 1 essential facilities. Plans for the new, 9.875-square foot Fire Station 57 were developed to replace the existing fire station. Plan designs were developed with review and input from key Fire Department staff, the City Council Essential Facilities Subcommittee and a working group that includes community stakeholders; and
WHEREAS, in January 2016, an Environmental and Design Review Permit (ED15-082) planning application was filed for the redevelopment of the 0.72-acre site (area leased from the County of Marin) with a new, 9.875-square-foot Fire Station 57. The initial project design proposed to fill 0.09-acre wetland (jurisdictional) to accommodate the needed turning/maneuvering space for large fire apparatus, on-site parking and storage; and
WHEREAS, consistent with the provisions of SRMC Chapter 14.13 (Wetland Overlay District), the jurisdictional boundaries of the wetland (as defined by the US Army Corps of Engineers) were confirmed by a qualified wetland expert hired by the City. The qualified wetland expert assessed the wetland finding that although it is hydrologically-linked to waterways downstream, it is isolated and has limited value to biological resources. Nonetheless, filling the wetland requires mitigation (creation of new wetlands) to off-set the impact from its loss. The qualified wetland expert and City staff worked with County of Marin staff and consulted with the pertinent regulatory agencies to identify potential areas for mitigation to off-set the proposed wetland fill. No suitable sites for wetland mitigation were found on or rear the Marin Civic Center campus; and
WHEREAS, following consultation with the County of Marin staff, the project site boundaries and fire station development plans were revised to avoid filling the small jurisdictional wetland. The revised development plans propose a five- to 10-foot setback from the development area and the edge of the wetland; and
WHEREAS, San Rafael General Plan Policy CON-4 (Wetland Setbacks) and the provisions of SRMC Chapter 14.13 (Wetland Overlay District) set forth a minimum, development free setback (buffer) of 50-feet from a defined wetland. Policy CON-4 allows a waiver from this policy if it can be demonstrated that for encroachment in the setback and for a reduced buffer provided that the proposed setback protects the function of the wetland to the maximum extent feasible and resulting values are to the satisfaction of the City after review by the appropriate regulatory agencies; and
WHEREAS, consistent with General Plan 2020 Policy CON-4, the revised fire station development plans with the reduced wetland setback/buffer were forwarded to the appropriate regulatory agencies for review and comment (California Regional Water Quality Control Board and California Department of Fish and Wildlife). The City received no response from these agencies regarding the reduced wetland/setback buffer; and
WHEREAS, during the Planning application review process, the City conducted substantial outreach to the community to present the plans and obtain feedback. The outreach, which included a public open house, working group meetings and presentations to community groups, resulted in refinements and improvements to the project plans. As part of this process, concerns were raised by neighboring residents regarding issues such as impacts to, among others, tree removal, traffic and access along Golf Avenue, and light/glare in the rear parking lot; and
WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines, it was determined that the development of the new Fire Station 57 is defined as a “project,” making it subject to environmental review. Placeworks, a planning and environmental consulting firm was commissioned by the City to prepare the necessary environmental document for this project; and
WHEREAS, pursuant to CEQA Guidelines Section 15063, an Initial Study was prepared to determine the potential environmental impacts of the project. The Initial Study is supported by numerous technical studies and reports, including, among others a biological assessment (wetland and tree resources), geotechnical investigation, historic assessment, archaeological assessment, traffic study, hydrology/water quality assessment, noise assessment, and an air quality assessment/greenhouse gas emissions assessment. These technical studies are provided in the Appendices of the Initial Study. The findings and recommendations of these technical studies are presented in the Initial Study; and
WHEREAS, in preparing the Initial Study, consistent with Public Resources Code Sections 21080.3 and 20180.3.2 (AB52), an offer of tribal consultation was made to the local Native American Tribe (Federated Indians of Graton Rancheria). On January 19, 2016, the Federated Indians of Graton Rancheria responded to the offer of consultation requesting specific mitigation measures that would require cultural monitoring during grading and construction. The Initial Study has incorporated this request (Mitigation Measure CULT-1A); and
WHEREAS, as demonstrated in the preparation of the Initial Study, the proposed project would result in a number of significant environmental impacts for which mitigation measures are recommended to reduce these potential impacts to a less-than-significant level. Therefore, consistent with CEQA Guidelines Section 15070, the Initial Study supports and recommends the adoption of a Mitigated Negative Declaration; and
WHEREAS, CEQA Guidelines Section 15097 requires that a Mitigation Monitoring and Reporting Program (MMRP) be prepared to identify how the mitigation measures recommended in the Initial Study will be implemented if the project is approved. The MMRP must identify how the mitigation measures are met/implemented, the entity responsible for carrying out the mitigation and the timing for completion of the mitigation. The MMRP must be prepared and approved prior to or concurrent with action on the project applications. An MMRP has been prepared addressing these requirements and is presented herein in attached Exhibit A to this resolution; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, on July 18, 2016, the City published a Notice of Intent to adopt a Mitigated Negative Declaration. The Initial Study/Mitigated Negative Declaration was made available for a 30-day public review period, closing on August 16, 2016. The Notice of Intent and copies of the Initial Study/Mitigated Negative Declaration were filed with the State Clearinghouse and distributed to the pertinent agencies, utilities and special interest groups. Further, a notice of document availability and the Planning Commission hearing date was mailed to property owners and residents/occupants within 500 feet of the project site. Comments received on the Initial Study/Mitigated Negative Declaration were reviewed and responses have been prepared by Placeworks, which are presented in a memorandum to the Planning Commission (dated August 17, 2016), which is on file with the Community Development Department; and
WHEREAS, on August 23, 2016, the Planning Commission held a duly noticed public hearing to review and consider the City of San Rafael Fire Station 57 Initial Study/Mitigated Negative Declaration and the accompanying Mitigation Monitoring and Reporting Program (MMRP). The Planning Commission considered all oral and written public testimony and the written report of the Community Development Department; 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 Planning Commission adopts the City of San Rafael Fire Station 57 Initial Study/Mitigated Negative Declaration, dated July 18, 2016 prepared for the City of San Rafael Fire Station 57 at the Marin County Civic Center based on the following findings:
1. The Initial Study/Mitigated Negative Declaration has been prepared in accordance with CEQA, the CEQA Guidelines, and the provisions of the City of San Rafael Environmental Assessment Procedures Manual. Further, in preparing the Initial Study/Mitigated Negative Declaration, the City followed the steps and procedures required by Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52) by offering and completing tribal consultation with the local Native American Tribe (Federated Indians of Graton Rancheria). As a result of this consultation, mitigation measures required to address potential archaeological resources have been incorporated into the Mitigated Negative Declaration.
2. As prescribed by CEQA Guidelines Section 15073, a public review period of a minimum of 30 days was observed for public comment (commencing on July 18, 2016 and closing on August 16, 2016). Comments received during the public review period have been reviewed and responses to these comments have been provided and are presented in a memorandum to the Planning Commission from Placeworks, dated August 17, 2016, which is on file with the Community Development Department.
3. The Mitigated Negative Declaration has been presented to the Planning Commission who has reviewed and considered the information in the Initial Study, which includes technical studies and assessments supporting the findings and conclusions for adopting a Mitigated Negative Declaration. Further, the Planning Commission finds that the studies and assessments prepared for the Initial Study are adequate and complete to support the adoption of a Mitigated Negative Declaration.
4. The Planning Commission has exercised its independent judgment in evaluating the Initial Study and has considered the comments received during the public review period and public hearing. Based on this review, the Planning Commission has determined that the project will: a) result in potentially significant impacts related to air quality, biological resources, cultural resources, geology and soils, and noise for which mitigation measures are required; and b) result in either no environmental impacts or impacts that are deemed to be less-than-significant in other topic areas listed in the Initial Study Checklist.
BE IT FURTHER RESOLVED that the Planning Commission approves the Mitigation Monitoring and Reporting Program (MMRP), attached herein as Exhibit A:
1. The MMPR has been prepared consistent with the requirements of CEQA Guidelines Section 15097 in that it: a) incorporates all mitigation measures recommended in the Mitigated Negative Declaration; and b) includes the appropriate steps and requirements to ensure that these mitigation measures are implemented and that impacts are reduced to levels of less-than-significant.
2. The MMRP meets the requirements of Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52) in that it acknowledges completion of required consultation with the local Native American Tribe and incorporates measures (Mitigation Measure C-1) to ensure that the potential for encountering cultural resources are addressed during construction.
The foregoing resolution was at the regular City of San Rafael Planning Commission meeting held on the 23rd day of August 2016.
Moved by Commissioner ______and seconded by Commissioner ______.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ______
Paul A. Jensen, Secretary Mark Lubamersky, Chairman
ATTACHMENT:
EXHIBIT A- MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
W:/. . ./Stn57.PC Reso_NegDec 8 23 16
1-4
ATTACHMENT 1