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HomeMy WebLinkAboutTC Res 1999-10-20 (3) ~ RESOLUTION NO. 3373 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR THE NED'S WAY GARDEN HOMES PROJECT (PD#44) AND MAKING FINDINGS OF FACT FOR THE NED'S WAY GARDEN HOMES DEVELOPMENT PROJECT ASSESSOR PARCEL NUMBER 58-151-35 WHEREAS, the Town Council of the Town ofTiburon does resolve as follows: Section I. Findings, WHEREAS, a Draft Environmental Impact Report (OEIR) evaluating the proposed Ned's Way Garden Homes project has been prepared and transmitted by the Town of Tiburon to all concerned parties for review and comment; and WHEREAS, notice of the availability of the DEIR was given as required by law; and r" WHEREAS, written comments on the DEIR were accepted from July 1, 1999 through August 16, 1999; and WHEREAS, the Planning Commission held public hearings on the DEIR on August 11, 1999 and August 25, 1999 and accepted testimony; and WHEREAS, agency and public comments have been responded to in the Final Environmental Impact Report (FEIR) for the Ned's Way Garden Homes project; and WHEREAS, the FEIR was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission considered the FEIR and recommended certification of said document to the Town Council through adoption of Resolution No, 99-17 on September 22, 1999; and WHEREAS, the FEIR identified certain potentially significant adverse impacts on the environment caused by the project. NOW, THEREFORE, BE IT RESOLVED, that the Ned's Way Garden Homes Final Environmental Impact Report: 1. Consists of: a. Ned's Way Garden Homes Draft EIR dated June 1999; and ~ Tiburon Town Council Resolution No, 3373 10/20/99 1 ,...., b, Ned's Way Garden Homes Final EIR dated September 1999, 2. Is hereby certified by the Town Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines. 3. Has been presented to the Town Council of the Town of Tiburon, which has reviewed and considered the information contained in the Final EIR. 4. Reflects the independent judgement and analysis of the Town Council. 5. Is hereby adopted as the Environmental Impact Report for the Ned's Way Garden Homes project, NOW, THEREFORE, BE IT FURTHER RESOLVED, that pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15901, the Town Council hereby adopts the following findings offact attached hereto as Exhibit "A", PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 20, 1999, by the following vote: ".-. AYES: COUNCILMEMBERS: Bach, Hennessy, Matthews, Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gram -z. COPI, TOWN CLERK ,..... Tiburon Town Council Resolution No. 3373 10/20/99 2 "....., EXHIBIT "An Decision and Findings of Fact for the Ned's Way Garden Homes Development Project ".-. ".-. ,-... A. INTRODUCTION The Ned's Way Garden Homes, LCC has proposed the development of a 25-unit multi- family residential development designed for independent living seniors on a 1.51-acre site in the Town of Tiburon (the "Project"), as described in Section C of these findings, The Town of Tiburon has prepared an Environmental Impact Report (EIR) for the proposed project in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code 921000 et seq,) and the State CEQA Guidelines (Guidelines) (California Administrative Code 915000 et seq., as amended), The Town has approved the project and adopts the findings described herein, in compliance with CEQA, In 921081, CEQA provides that: ".-. Pursuant to the policy stated in Sections 21002 and 21002.1, no public agency shall approve or carry out a project for which an environmental impact report has been certified which identified one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant effect: (1) Changes or alternations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. ,-... 2 October 13, 1999 r" (b) With respect to significant effects which were subject to afinding under paragraph (3) or subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. For the purposes of these findings, the term "mitigation measures" shall constitute the "changes or alterations" discussed above. The term "mitigate or avoid" will refer to the effectiveness of one or more of the mitigation measures to reduce an otherwise significant environmental effect to a less-than-significant level. Because the ErR identified significant effects that would occur as a result of the Ned's Way Garden Homes Project (Project), and in accordance with the provisions of CEQA, the Town of Tiburon hereby adopts these findings as part of the approval of the Project. B. PROJECT SETTING AND LOCATION ".-. The Tiburon Town Council adopts these Findings of Fact in conjunction with the approval of the Project. The Project site is a I ,51-acre parcel located at the northeast corner of Tiburon Boulevard and Ned's Way, It is situated on a south-facing slope with primary views to the City of Belvedere, Two former Naval housing buildings dating back to World War II occupy the site, One building was formerly the Tiburon Town Hall and is now a construction office for the Tiburon Police Building, which is currently being built adjacent to the project site, The other building on the property houses the Tiburon Police Department. Both buildings would be demolished to accommodate the housing proj ect. Access to the Project site is provided via Tiburon Boulevard and Ned's Way, Street frontage is available both from Ned's Way and a paved, unnamed access easement along the southern edge of the property, This access road continues eastward to provide access to the Belvedere-Tiburon Child Care Center, the Town of Tiburon Corporation Yard, a Pacific Bell utility installation, and Reed Elementary School. r" 3 October 13, 1999 ".-. A complete description of the Project and its setting is provided in Chapter 3 of the Draft Environmental Impact Report. C. PROJECT DESCRIPTION AND APPROVAL The Town ofTiburon Town Council authorizes development of the Project, which has the following characteristics: . The development would consist of 25 homes made up of thirteen buildings (twelve duplexes and one detached home), Total project square footage would be approximately 38,783 square feet. . The Project would be a common interest development (planned unit development) with each unit and the land under it individually owned, The parking facility and the interior courtyard landscaped are would be owned by the 25-unit owner "in common," . The development would consist of 21 market-rate units and 4 below-market-rate (BMR) units. Eight of the homes would be <;lesigned to be fully adaptable to meet the American with Disabilities Act. These eight homes would be designed with the main living area and a bedroom at the entry level. ".-. . Project architecture would be California Craftsman style, with shingled exteriors. wood trellises and divided-light windows, Second floors are mostly treated as dormers within a roof that is one story at the eves so that buildings will appear to be one-story or a story and a half as viewed from the interior courtyard. All living areas within the homes would access private gardens that would separate the homes from an interior courtyard. . Access and egress from the Project will be from Ned's Way, There will be 50 parking spaces located in a partially subterranean structure, D. THE RECORD 1. Content - The public record for the Project consists of the following elements: 4 October 13, 1999 a. All non-privileged relevant staff reports, memoranda, maps, minutes and other planning documents prepared by Town of Tiburon staff and consultants relating to the Project and which are available to the public in accordance with the California Public Records Act; I'"' b. The Initial Study prepared for the Project, all CEQA documents prepared for the Project, and all documents on which CEQA documents rely by reference or incorporation, These documents include, but are not necessarily limited to the following: ".-. . Ned's Way Garden Homes Draft Environmental Impact Report (DEIR), June 30, 1999, . Ned's Way Garden Homes Final Environmental Impact Report (FEIR), September 17, 1999, . Ned's Way Garden Homes Project Mitigation Monitoring Program, September 17, 1999, c, All written comments, responses and testimony concerning CEQA documents received by the Town of Tiburon from public agencies, adjacent property owners, and interested members of the public concerning the Project, including, but not necessarily limited to the following: I'"' 5 . Public Hearing on the Ned's Way Garden Homes Draft Environmental Impact Report, Town Planning Commission, August II, 1999, . Public Hearing on the Ned's Way Garden Homes Draft Environmental Impact Report, Town Planning Commission. August 25, 1999, . Public Hearing on the Ned's Way Garden Homes Final Environmental Impact Report. Town Planning Commission, September 22, 1999, . Public Hearing on the Ned's Way Garden Homes Final Environmental Impact Report, Town Council, October 20, 1999, ' October 13. 1999 ".-. d. Documents submitted in association with the Project, describing the Project and supporting or augmenting the environmental documents prepared pursuant to CEQA for the Proj ect; e, Any documents embodying the Town ofTiburon's action on the Project including staff reports and resolutions and the minutes of public hearings and meetings on the Proj ect; f. These Findings of Fact adopted in connection with the Project; and g, All other information including documents or testimony submitted to the Town of Tiburon supporting or augmenting the environmental documents prepared pursuant to CEQA. 2. Access The custodian of records for the documents and other materials that constitute the record of proceedings on which these findings of the Town ofTiburon are based is: ,.-... Mr, Scott Anderson, Planning Director Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435-7392 This information is provided in accordance with Public Resources Code Section 21081.6(a)(2), E. THE DRAFT EIR AND FINAL EIR Pursuant to Section l5146(a) of the CEQA Guidelines, the DEIR for the Project summarizes with specificity the effects of the Project. In addition, the FEIR for the project fulfills the necessary contents, as outlined in Section 15132 of the CEQA Guidelines, (Collcctively, the DElR and the FEIR shall be referred to through out these findings as the EIR,) /'" 6 October 13, 1999 "'"' The EIR for the Project fulfills all the necessary requirements of CEQA and the Guidelines issued thereunder. Pursuant to CEQA, the EIR includes mitigation measures for each significant effect on the environment. The EIR was prepared by the private consulting firm under contract to, at the direction of, and in consultation with the Town ofTiburon. The EIR and all of its conclusions have been independently reviewed by the Town ofTiburon and they represent the Town ofTiburon's independent judgment F. TERMINOLOGY OF FINDINGS r"", Public Resources Code Section 21 081(a) and Section 15091 of the CEQA Guidelines require that, for each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or more of these allowable conclusions, The first is that "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR," The second potential finding is that "[sJuch changes or alternations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency," The third permissible conclusion is that "[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identitied in the final EIR," G. LEGAL EFFECT OF FINDINGS All of the feasible mitigation measures that avoid or substantially lessen the significant effects of the Project are binding on the Town ofTiburon, any and all affected landowners, and their assigns or successors in interest H. MONITORING PROGRAM "..., As required under Public Resources Code Section 21081,6, the Town of Tiburon, in adopting these findings, also adopts a Mitigation Monitoring Program designed to ensure that during implementation of the Project, the Town of Tiburon, the project 7 October 13, 1999 """ developer, and any other responsible parties, implement the adopted mitigation measures, The Mitigation Monitoring Program is included as Attachment A to these Findings, I. AL TERNA TIVES ~ In accordance with Section 15126,6 of the State CEQA Guidelines, a range of reasonable alternatives to the Project that could feasibly attain the basic objectives was addressed in the EIR, A comprehensive evaluation of the No Project Alternative, in accordance with Section 15l26,6(e) of the CEQA Guidelines, also was included in the EIR, The alternatives considered in the EIR included the No Project Alternative, the Mitigated Project Alternative, the Reduced-Density Alternative, and alternative locations, Based on the analysis contained in the EIR, the Mitigated Project Alternative is the environmentally superior alternative that would feasibly accomplish the objectives of the project. The Mitigated Project Alternative would incorporate the mitigation measures identified in the ElK This alternative would not result in significant environmental effects since all potential impacts would be reduced to a less- than-significant levels, The Town approves the Mitigated Project Alternative for implementation of the Project. The Reduced-Density Alternati ve was not selected as the environmentally superior alternative since it fails to meet most of the project objectives, including the objective of the Tiburon Redevelopment Agency to develop of a high-density senior housing project of 25 units on the project site, A specific off-site alternative was not identified as feasible because no vacant lands within the Town could easily accommodate a high-density residential development like the Project. Available comparable sites do not have an existing land use or zoning designation that could accommodate the Project. No other suitable alternative locations exist for the Project with the Town's Planning Area, given the Town's existing built-out nature and the Town's adopted long-range land use plans, J. SUBSTANTIAL IMPACTS THAT ARE A VOIDED OR SUBSTANTIALLY LESSENED r" 8 October 13, 1999 ".-. The EIR identified certain environmental impacts of the Project that would be significant or potentially significant in the absence of mitigation measures. Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091 require one or more specific findings with regard to each significant effect. The findings in this subsection identify such impacts. For all of the identified impacts, the Town of Tiburon is adopting mitigation measures (changes or alterations) that will avoid or substantially lessen the impact. With regard to those impacts, the Town of Tiburon is finding, as authorized by Public Resource Code Section 21081(a)(l) that "[c]hanges or alterations have been required in, or incorporated into, the project, which mitigate or avoid the significant effects on the environment." Therefore, after imposition of mitigation measures, no significant effects on the environment will remain. 1. Traffic and Circulation a. Impact CIRC-l ~ i) Potentially Signific~nt Effect: The traffic associated with construction activities could have a potentially significant impact on traffic operation along State Route 131 due to the increase in truck traffic volumes (Impact CIRC-l), ii) Finding: Changes or alterations have been required in, or incorporated into the Project which mitigate to a less-than-significant level or avoid this significant impact identified in the EIR, iii) Facts in Support of Finding: The Town of Tiburon has adopted and will enforce the following measures that will reduce construction-related traffic impacts to less-than-significant level: The contractor shall provide to the Town a Traffic Control Plan detailing planned haul routes and hours of operation, including limitations on truck trips during peak commute periods, b. Impact CTRC-2 ".-. 9 October 13, 1999 f' i) ii) iii) ~ ".-. Potentially Significant Effect: While the overall number of parking spaces proposed by the project is adequate based upon the Town's Municipal Code, a review of surrounding communities' requirements and parking generation information contained in Parking Generation, ITE, 2nd Edition, 1997, the project provides an inadequate allocation of guest parking spaces. This situation could result in a parking shortage for visitors and guests of the development (Impact CIRC-2), Finding: Changes or alterations have been required in, or incorporated into the Project which mitigate to a less-than-significant level or avoid this significant impact identified in the EIR. Facts in Support of Finding: The Town ofTiburon has adopted and will enforce the following measure that will ensure that adequate guest parking spaces are provided: One of the following measures, or a combination thereof, shall be implemented to reduce the current parking shortage and provide a . minimum of ten general use parking spaces: a, At least ten general use parking spaces shall be provided off-site within easy walking distance to the project. Currently, the Town anticipates the development of additional parking along the eastern boundary of Ned's Way, on the Town-owned property to the north of the project site. b, As an alternative to measure "a" above, adequate guest parking spaces could be provided by the project by reallocating six of the designated resident spaces to un designated/guest parking spaces, This reallocation would result in a total provision of ten general use parking spaces, Residents could use these general use spaces on an as-needed basis, With the provision of at least ten general use parking spaces, in addition to forty residentially-designated spaces, potential parking shortage impacts would be mitigated to less-than-significant level. 10 October 13, 1999 ".-. 2. Hydrolo2Y, Draina2e and Water Quality a. Impact HYDRO-I i) Potentially Significant Effect: The Ned's Way Garden Homes project would increase peak runoff rates within the Reed School Watershed and smaller sub- watersheds, which is considered a potentially significant impact given the existing capacity of the downstream system (Impact HYDRO-I), ii) Finding: Changes or alterations have been required in, or incorporated into the Project which mitigate to a less-than-significant level or avoid this significant impact identified in the EIR, Hi) Facts in SUppOlot of Finding: The Town ofTiburon has adopted and will enforce the following measures that will ensure that peak runoff rates are accommodated by the downstream system: a, The project applicant shall contribute a fair share of the cost to mitigate the existing and anticipated future flooding problem, This contri bution shall be proportional to the impact caused by the proposed project. These funds shall be contributed to the Town of Tiburon prior to project construction, r- b The Town of Tiburon shall directly transfer the funds paid by the applicant to the City of Belvedere as a contribution to the planned Belvedere Lagoon Bypass project. At least 75 percent of the funding for this project has been secured through FEMA It is the Town Os understanding that the City of Belvedere and the Belvedere Lagoon Property Owners Association will secure the remaining required funding for the project (in addition to FEMA's and the developer contribution), with construction of the planned Bypass anticipated in 2000, c, Prior to the approval of a building permit for the project, the project engineer shall provide hydraulic calculations for the entire drainage network that would receive runoff from the r- II October 13, 1999 ".-. project site, including the drainage inlet to the south of the site, Any necessary modifications shall be made to the drainage facilities in the immediate vicinity of the project site if the capacity is not sufficient, b. Impact HYDRO-2 i) Potentially Significant Effect: The Ned's Way Garden Homes project would result in a larger total volume of runoff delivered to the downstream drainage facilities, due to increased impervious areas and decreased infiltration of runoff into the soil. Increased runoff volume would increase the duration and extent of flooding in the Bel vedere Lagoon area (Impact HYDRO-2). ii) Finding: Changes or alterations have been required in, or incorporated into the Project which mitigate to a less-than-significant level or avoid this significant impact identified in the EIR, --. iii) Facts in Support of Finding: The Town ofTiburon has adopted and will enforce the following measures that will ensure that the environmental effects related to runoff volume increases are mitigated to a less-than-significant level: a, The project applicant shall contribute a fair share of the cost to mitigate the existing and anticipated future flooding problem. This contri bution shall be proportional to the impact caused by the proposed project. These funds shall be contributed to the Town ofTiburon prior to project construction, b The Town ofTiburon shall directly transfer the funds paid by the applicant to the City of Belvedere as a contribution to the planned Belvedere Lagoon Bypass project. At least 75 percent of the funding for this project has been secured through FEMA It is the Town's understanding that the City of Belvedere and the Belvedere Lagoon Property Owners Association will secure the remaining required funding for the project (in addition to FEMA's and the developer contribution), with construction of the planned Bypass anticipated in 2000, -- 12 October 13, 1999 ".-. c, Prior to the approval of a building permit for the project, the project engineer shall provide hydraulic calculations for the entire drainage network that would receive runoff from the project site, including the drainage inlet to the south of the site, Any necessary modifications shall be made to the drainage facilities in the immediate vicinity of the project site if the capacity is not sufficient. b. Impact HYDRO-3 i) Potentially Significant Effect: As a result of project grading, the proposed project could result in a potentially significant threat of soil erosion, This potential impact is of particular concern on exposed soils on steep slopes (20 to 30 percent) that are prone to erosion (Los Osos-Bonnydoon complex) (Impact HYDRO-3), ii) Finding: Changes or alterations have been required in, or incorporated into the Project which mitigate to a less-than-significant level or avoid this significant impact identified in the EIR, -- iii) Facts in SUppOI.t of Finding: The Town of Tiburon has adopted and will enforce the following measures that will ensure that soil erosion is minimized to a less-than-significant level: a, Prior to issuance of a grading permit, the applicant shall receive approval of an Erosion Control Plan submitted to the Town Engineer. The Erosion Control Plan shall identify the location of specific erosion control measures to be implemented during construction. Erosion control measures and soil stabilization techniques such as straw mulching, erosion control matting, hydroseeding, revegetation, and preservation of existing vegetation shall be utilized, in accordance with the regulations outlined in the Association of Bay Area Government's erosion and scdiment control manuals. -- 13 October 13. 1999 -- b. These erosion control BMPs shall be monitored for effectiveness and shall be subject to inspection by the licensed design professional who prepares the Erosion Control Plan (or other appropriate licensed professional), as well as the Town Engineer. c, In order to reduce the risks associated with erosion and sedimentation, minimal grading and earthwork shall occur during the wet season (October 15 through April 15) and such work shall be stopped before pending storm events, The Town has the authority to stop all work pursuant to wet weather conditions, d, A refundable site deposit shall be made by the applicant to the Town, to be used for site-related emergencies during the construction phase of the project, such as siltation or dust controL e. After construction is completed, all drainage facilities and sedimentation basins shall be inspected for accumulated sediment, and these drainage structures shall be cleared of debris and sediment. ,-. f A precise Winterization Plan shall be developed by the project engineer and shall be approved by the Town Engineer. The Winterization Plan shall identify on-site threats of water erosion and will identify specific control measures to offset such threats following construction, Winterization Plan control measures shall be developed in accordance with the guidelines outlined in the erosion and sediment control manuals written by the Association of Bay Area Governments and the San Francisco Regional Water Quality Control Board, The Town will be responsible for ensuring identified control measures are implemented and maintained following significant storm events, -- 14 October 13. 1999 ".-. 3. Noise a. Impact NOISE-l i) Potentially Significant Effect: Daytime interior noise levels at nearby noise sensitive receptors could potentially exceed the 45 dBA Leq threshold with construction of the proposed Ned's Way Garden Homes project. Consequently, construction of the proposed project would be considered a short-term, potentially significant noise impact (Impact NOISE-I), ii) Finding: Changes or alterations have been required in, or incorporated into the Project which mitigate to a less-than-significant level or avoid this significant impact identified in the EI R, iii) Facts in SUPPO,"t of Finding: The Town ofTiburon has adopted and will enforce the following measures that will reduce construction-generated noise levels at nearby noise-sensitive land uses to less-than-significant levels: r-- a, Acoustic barriers (e,g,. lead curtains, wooden sound barriers) shall be constructed along the southern and eastern boundary of the project site to reduce construction-generated noise levels at Reed School and the Children's Center. The barriers shall be designed to obstruct the line-of-sight between the nearest occupied buildings and the equipment. When installed properly, acoustic barriers can reduce construction noise levels by approximately 10 dBA (EP A 1971), b, Equipment engine doors on motorized equipment shall be closed during equipment opcration, c, Individual operations and techniques shall be replaced by quieter procedures (e,g" using welding instead of riveting, mixing concrete offsite instead of onsite), d, The quietest offeasible alternate items of equipment shall be selected for use during demolition and construction activities, -- 15 October 13, 1999 - e. When not in use, motorized construction equipment shall not be left idling, f Stationary noise-generating construction equipment (e,g., generators and compressors) shall be enclosed and centrally located on the project site at the greatest distance possible from nearby noise-sensitive land uses. The use of enclosures can reduce equipment noise levels by approximately 5 dBA (EP A 1971), - -, 16 October 13, 1999