MARIN COUNTY BOARD OF SUPERVISORS RESOLUTION

Transcription

1 MARIN COUNTY BOARD OF SUPERVISORS RESOLUTION A RESOLUTION DENYING THE LUCAS VALLEY ESTATES HOMEOWNERS ASSOCIATION APPEAL AND SUSTAINING THE PLANNING COMMISSION S DECISION TO CERTIFY THE GRADY RANCH PRECISE DEVELOPMENT PLAN FINAL SUPPLEMENT TO THE 1996 GRADY RANCH/BIG ROCK RANCH MASTER PLAN FINAL ENVIRONMENTAL IMPACT REPORT SECTION 1: FINDINGS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. WHEREAS, in April 2009, Lucasfilm, Ltd. submitted a Precise Development Plan application to Marin County proposing the Grady Ranch development phase to be implemented consistent with the Big Rock Ranch/Grady Ranch Master Plan and Use Permit that the Marin County Board of Supervisors approved in 1996 after certifying the 1996 Master Plan Final Environmental Impact Report (1996 Master Plan FEIR). The Grady Ranch project is a proposal to construct an approximately 270,000 square foot digital technology-based film production studio with administrative offices for a maximum of 340 employees, and a detached 900 square foot gate house. The film production facility would contain administration offices, one outdoor stage, and two indoor stages with appurtenant film production facilities. Guest suites (20), a cafeteria, and general store are proposed for employees with parking in a basement garage. The proposal includes two emergency access fire roads, two entrance gates, fences, nine bridges, a 4,000 square foot wine cave/tunnel, private wine tasting room, two water storage tanks (one 40,000-gallon tank for rainwater storage to be used for irrigation and one 400,000- gallon tank for potable and fire suppression water), and installation underground of existing utilities along Lucas Valley Road. The main building would have a primary roof ridge with a maximum height of 65 feet and two towers with maximum heights of 85 feet above finished exterior grade. The main building would have the following setbacks from corresponding property lines: 890 feet front (south), 360 feet side (east), 6,400 feet side (west), and 4,000 feet rear (north). The project includes realignment of Lucas Valley Road to improve sight distance for safe access to the proposed driveway. A portion of the road would cross over a tributary of Miller Creek on a new bridge. The access driveway would include a new bridge over Miller Creek to replace the existing ranch access bridge. A 900-square-foot gatehouse would be located along the driveway on the north side of the creek. Grading would consist of approximately 240,000 cubic yards of excavation and approximately 240,000 cubic yards of fill to be used for streambed restoration and construction of a knoll for purposes of covering a geoexchange system and providing visual screening of the main building from neighboring properties. Miller Creek and tributaries would be restored and enhanced with rock and log structures intended to elevate the streambed, enhance geomorphic processes, and improve upstream fish passage. Stormwater management would include Low Impact Development (LID) practices. Native vegetation would be planted to enhance habitat. The project includes proposals for annexation into the Marin Municipal Water District for water supply, the Las Gallinas Valley Sanitary District for sewer service, and the Marinwood Community Services District for fire prevention and suppression services. Pursuant to the 1996 Master Plan, 800 acres of the original 1,039-acre Grady Ranch property were dedicated to the Marin County Open Space District, and 187 acres were set aside as private open space. Approximately 240,000 cubic yards of excavation and balanced fill would restore portions of Miller Creek to improve upstream fish passage and infiltration, construct a knoll for purposes of covering geoexchange units, and provide screening southeast of the main building. The subject property Page 1 of 6 BOS ATTACHMENT 1

2 is located at 2828 Lucas Valley Road, San Rafael, and is further identified as Assessor s Parcels , -17 and -19. II. WHEREAS, the Grady Ranch Precise Development Plan application represents a project subject to the California Environmental Quality Act (CEQA Public Resources Code Sections ); and III. WHEREAS, because of the changes to the Grady Ranch project proposal since the 1996 Master Plan Final EIR certification and Master Plan approval, environmental analysis is required pursuant to CEQA Guidelines Section to determine if environmental impacts and mitigation measures of the current Grady Ranch Precise Development Plan proposal were adequately addressed in the 1996 Master Plan FEIR. The County selected an environmental consultant and the project sponsor submitted the funds necessary to initiate subsequent environmental review on the project; and IV. WHEREAS, the County independently selected and contracted with an EIR consultant in October 2010 to prepare an Environmental Checklist to document the evaluation of the site and the proposed activities to determine whether the environmental effects of the operation were covered in the 1996 Master Plan FEIR, pursuant to CEQA Guidelines Section 15168(c), and to determine what subsequent level of CEQA document was necessary, in accordance with CEQA Guidelines Section Upon completion and review of the findings of the Environmental Checklist, the County determined that the proposed project was consistent with the criteria for preparation of a Supplement to an EIR, pursuant to CEQA Guidelines Section The evaluation and findings in the Environmental Checklist provide the substantial evidence on which the County relied in determining that a Subsequent EIR was not required. Following the County s determination, the EIR consultant prepared the Draft Supplement to the 1996 Master Plan Final EIR (Draft SEIR), which incorporated the Environmental Checklist and supporting evaluation; and V. WHEREAS, the Draft SEIR and a Notice Of Availability (NOA) and notice of public hearing on the Draft SEIR were distributed on October 27, 2011, to members of the Planning Commission, Board of Supervisors, State Clearinghouse, state and local agencies and special districts, surrounding property owners, and other interested groups and individuals. The Notice of Availability and Notice of Public Hearing was published in a newspaper of general circulation to begin a 48-day public review and comment period on the adequacy of the Draft SEIR. The public review and comment period ended on December 13, 2011; and VI. VII. VIII. WHEREAS, on December 12, 2011, the Marin County Planning Commission conducted a public hearing to receive testimony on the adequacy of the Draft SEIR. Oral and written comments were presented at the hearing. The primary issues raised included traffic congestion and safety, visual and noise impacts, biological resources, hydrology impacts, community compatibility, Countywide Plan and Marin County zoning ordinance consistency, air quality impacts, and CEQA process-related issues. Following the close of the public hearing, the Commission directed that a Final SEIR Response to Comments be prepared after the close of the comment period on the Draft SEIR; and WHEREAS, on December 13, 2011, the public review and comment period on the Draft SEIR was closed, and written comments were received on the Draft SEIR until 4:00 p.m. on that date; and WHEREAS, on January 23, 2012, the Final SEIR, Response to Comments and a Notice of Availability of the Final EIR for review and notice of a public meeting of the Planning Commission to consider certification of the Final SEIR were distributed to members of the Planning Commission, Board of Supervisors, State Clearinghouse, state and local agencies and Page 2 of 6 BOS ATTACHMENT 1

3 special districts, Draft SEIR commenters, and other interested groups and individuals. Notice of Availability of the Final SEIR for review and notice of the public meeting of the Commission to consider certification of the Final SEIR was published in a newspaper of general circulation to begin a 14-day public review and comment period on the Final SEIR, which concluded on February 6, 2012; and IX. WHEREAS, on February 6, 2012, the review and comment period on the Final SEIR Response to Comments was closed, and written comments were received on the Final SEIR until 4:00 p.m. on that date. Similar to the Draft SEIR, these comments primarily address concerns over traffic congestion and safety, visual and noise impacts, biological resources, hydrology impacts, community compatibility, Countywide Plan and Marin County zoning ordinance consistency, air quality impacts, and CEQA process-related issues. In some instances comments require minor clarification or amplification of information, impact analysis or mitigations in the Final SEIR. A response by the EIR consultant has been provided for each of the issues raised in the comments. The response to comments on the Final SEIR has been adopted as an Amendment to the Final SEIR to complete the Final SEIR as adequate for certification. Because the comments and responses result in only minor clarifications and insignificant changes to the Final SEIR, they do not trigger CEQA requirements for recirculation of the document for additional public review and do not prevent certification of the SEIR as adequate and complete. On February 17, 2012, copies of the Final SEIR Response to Comments Amendment and a notice of the Planning Commission hearing to consider recommendation for certification of the Final SEIR were distributed to members of the Commission, Board of Supervisors, Agencies, SEIR commenters and other interested parties. The Amendment to the Final SEIR will be considered as part of the certified Final SEIR in making an informed decision on the project; and X. WHEREAS, on February 27, 2012, the Marin County Planning Commission conducted a public hearing to receive testimony on the adequacy of the Final SEIR for certification and to consider certification of the Final SEIR. The Final SEIR and a Response to Comments Amendment to the Final SEIR, together with staff s report recommending certification of the Final SEIR were provided to the Planning Commission; and XI. XII. WHEREAS, the Marin County Planning Commission voted unanimously (6-0) to certify the Final SEIR as adequate and complete after they reviewed and considered in light of all public comments and testimony, the information in the 1996 Master Plan Final EIR, Draft SEIR, Final SEIR, SEIR administrative record, SEIR staff reports, and Response to Comments Amendment to the Final SEIR, for adequacy, completeness and compliance with CEQA, State CEQA Guidelines, and County Environmental Review Procedures. WHEREAS, on March 8, 2012, the Lucas Valley Estates Homeowners Association (LVEHOA) filed a timely Petition for Appeal from the Planning Commission s decision to certify the Final SEIR as adequate and complete asserting, as paraphrased below, that the Planning Commission: A. Should have required an amendment to the Master Plan and new EIR because of significant departures from the 1996 Master Plan; B. Failed to comply with the procedural and substantive informational requirements under the California Environmental Quality Act (CEQA) in assessing project impacts and alternative; C. Relied on insufficient details in the 1996 Master Plan/EIR and the 2012 PDP/Final SEIR; D. Relied on traffic, noise, and biological studies in the Final SEIR that are insufficient and inadequate; Page 3 of 6 BOS ATTACHMENT 1

4 E. Relied on phasing and segmentation of the Grady Ranch project inconsistent with CEQA without a proper Notice of Preparation, distributed a late Notice of Availability, an incomplete public review process with inadequate study and/or insufficient time to review data on creek restoration, unaddressed risks to the public, private property, an occupants of Grady Ranch, and inadequate creek monitoring downstream; F. Made incorrect findings regarding consistency with the General Plan and zoning requirements for the protection of streams and residential communities; G. Approved uses, main building height and associated impacts, grading, geothermal exchange system, hours of operation, and outdoor sound stage that are beyond those approved in the Master Plan; H. Approved a main building design not in conformance with design standards that would result in visual impacts, night sky viewing impacts, and excessive building height; I. Did not adequately study or address risks to public safety and impacts to private property; J. Relied on inadequate public notice for the 1996 Master Plan/EIR and the 2012 PDP/Final SEIR that did not include a rezoning and mitigation of impacts on adjacent homes; and, K. Improperly assumed that the project applicant has vested rights to build the project. XIII. XIV. XV. WHEREAS, on April 3, 2012, the Marin County Board of Supervisors conducted a public hearing to receive testimony regarding the Lucas Valley Estates Homeowners Association appeal of the adequacy of the Final SEIR for certification and to consider certification of the Final SEIR. The Final SEIR and a Response to Comments Amendment to the Final SEIR, together with staff s report recommending certification of the Final SEIR, the Planning Commission public hearing minutes and ratified Resolutions, and a Final SEIR Errata Sheet were provided to the Board of Supervisors; and WHEREAS, the Marin County Board of Supervisors reviewed and considered in light of all public comments and testimony, the information in the 1996 Master Plan Final EIR, Draft SEIR, Final SEIR, SEIR administrative record, SEIR staff reports, Response to Comments Amendment to the Final SEIR, and Final SEIR Errata Sheet for adequacy, completeness and compliance with CEQA, State CEQA Guidelines, and County Environmental Review Procedures; and WHEREAS, the Marin County Board of Supervisors finds the lack of merits in the appeal based on the following: A. Adequate public notice was provided for the project. The 47-day public review period for the Draft SEIR (DSEIR) and 14-day public review period for the FSEIR comply with CEQA (Please see the 1996 Master Plan/EIR and 2012 PDP/Final SEIR mailing lists in Attachment 4). Substantial opportunities for public participation were provided in the SEIR process, and review and comment on the SEIR documents met and exceeded the requirements of the CEQA and County Environmental Review Procedures. All of the voluminous public comments were considered and thoroughly responded to in the Final SEIR and Final SEIR Amendment. The Planning Commission conducted two public hearings on December 12, 2011 and February 27, 2012 before making a decision on the adequacy of the Final SEIR and the merits of the PDP (see Attachments 5 and 6). Section 2 of the Amendment to the Final SEIR contains the 51 comment letters on the Final SEIR and detailed responses to those comments. Section 4 of the Final SEIR contains the 80 comment letters on the Draft SEIR and detailed responses to those comments. Master Responses 1 through 5 on pages Page 4 of 6 BOS ATTACHMENT 1

5 4-5 through 4-10 of the Final SEIR address the CEQA process, public notices, the geoexchange system, hours of operation, outdoor stage, Marin Countywide Plan and Zoning Code consistency, and Project Alternatives; and B. Pursuant to the CEQA Guidelines definition of Substantial Evidence, no information has been introduced into the record, including through public comment on the Draft SEIR and the Final SEIR, which constitutes substantial evidence that refutes and changes the significance conclusions of the Final SEIR. The assertions listed in the appellant s appeal fail to provide substantial evidence and instead reiterate LVEHOA s earlier conclusory comments on the Draft SEIR that amount to argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, etc, which specifically do not constitute substantial evidence under CEQA. In accordance with the conclusions of the Final SEIR, the Planning Commission determined that the project would clearly be consistent with the 1996 Master Plan and Use Permit and that all potentially significant impacts were fully analyzed and mitigated to be less than significant SECTION 2: ACTION NOW, THEREFORE, BE IT RESOLVED, that the Marin County Board of Supervisors hereby finds: 1. The recitals above are true and accurate and reflect the independent judgment of the Board of Supervisors. 2. Public notices of the Board of Supervisors hearing and the Planning Commission hearings on the Grady Ranch environmental review documents were provided as required by law and the actions were conducted in accordance with CEQA, the State CEQA Guidelines, and Marin County EIR Guidelines. 3. All individuals, groups and agencies desiring to comment were given adequate opportunity to submit oral and written comments on the environmental review documents. These opportunities for comment meet or exceed the requirements of CEQA and the County Environmental Review procedures. 4. All comments submitted during the public review and comment period on the Draft SEIR, the public hearing on the adequacy of the Draft SEIR conducted by the Planning Commission and the public review and comment period and hearing on the Final SEIR were responded to adequately. 5. The Board of Supervisors and the Planning Commission were presented with all of the information described in the recitals and the Board of Supervisors has considered this information in adopting this resolution. 6. The Final SEIR (a) has been completed in compliance with the intent and requirements of CEQA, the State CEQA Guidelines and the County EIR process, (b) reflects the independent judgment and analysis of the County of Marin, and (c) has been presented to and reviewed and considered by the Board of Supervisors and the Planning Commission in its deliberations regarding approval of the Grady Ranch Precise Development Plan. Page 5 of 6 BOS ATTACHMENT 1

6 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Marin County Board of Supervisors denies the Lucas Valley Estates Homeowners Association appeal and sustains the Planning Commission decision and certifies the Final Supplement to the 1996 Grady Ranch/Big Rock Ranch Master Plan Final Environmental Impact Report as adequate and complete in compliance with CEQA, the State CEQA Guidelines and the County Environmental Review Procedures, and adequate and complete for consideration in making a decision on the merits of the project. SECTION 3: VOTE PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the County of Marin, State of California, on the 3rd day of April, 2012, by the following vote to-wit: AYES: SUPERVISORS: NOES: SUPERVISORS: ABSENT: SUPERVISORS: STEVE KINSEY, PRESIDENT MARIN COUNTY BOARD OF SUPERVISORS Attest: CLERK I:\Cur\NOsborne\Project_Applications\DP\Skywalker Properties_PDP_ \Board of Supervisors\Grady Ranch CEQA Reso.doc Page 6 of 6 BOS ATTACHMENT 1