HomeMy WebLinkAboutCC Resolution 10274 (Academy Heights)RESOLUTION 10274
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE
NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT DISTRICT
(ZC96-3), TENTATIVE MAP (TS96-1), MASTER USE PERMIT (UP96-16) AND
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED96-19) FOR SIX
SINGLE FAMILY RESIDENTIAL LOTS (ACADEMY HEIGHTS);
End of Twin Oaks Avenue;
(APN 10-142-24,11-051-23 and 11-115-29)
WHEREAS, on June 27, 1997, applications requesting a Planned Development District zoning (ZC96-3),
Tentative Subdivision (TS96-1), Master Use Permit (UP96-16) and an Environmental and Design Review
Permit (ED96-19) for six single family residential lots were found by the Community Development
Department to be complete for processing; and
WHEREAS, upon review of the subject applications, a mitigated Negative Declaration for the project was
prepared and made available for public review consistent with the requirements of the California
Environmental Quality Act (CEQA); and
WHEREAS, on July 15, 1997 the San Rafael Planning Commission held a duly noticed Public Hearing on
the Negative Declaration for the proposed Planned Development Zoning District, Tentative Subdivision,
Master Use Permit and the Environmental and Design Review Permit applications, accepted the written
report of the Community Development Department staff and continued the Public Hearing to July 29,
1997; and
WHEREAS, on July 29, 1997 the San Rafael Planning Commission held a continued Public Hearing on
the Negative Declaration for the proposed Planned Development Zoning District, Tentative Subdivision,
Master Use Permit and the Environmental and Design Review Permit applications, accepted public
testimony and the written report of the Community Development Department staff and continued the
Public Hearing to August 12, 1997; and
WHEREAS, on August 12, 1997 the San Rafael Planning Commission held a continued Public Hearing on
the Negative Declaration for the proposed Planned Development Zoning District, Tentative Subdivision,
Master Use Permit and the Environmental and Design Review Permit applications, accepted public
testimony and the written report of the Community Development Department staff, continued the Public
Hearing to August 26, 1997 and directed staff to prepare written responses to comments made on the
negative declaration; and
WHEREAS, on August 26, 1997 the San Rafael Planning Commission held a continued Public Hearing on
the Negative Declaration for the proposed Planned Development Zoning District, Tentative Subdivision,
Master Use Permit and the Environmental and Design Review Permit applications, accepted public
testimony and the written report of the Community Development Department staff. The public testimony
included comments from Shahriar Vandani, Associate -Geotechnical Engineer with Golder Associates
which questioned whether there was sufficient data to draw certain conclusions regarding the geotechnical
studies. The Commission asked the City's Geotechnical Review Committee (Kleinfelder, Inc.) to review
the geotechnical studies presented and give its independent opinion on whether the conclusions reached
by Miller Pacific Engineering Group were supported by the content of the studies and continued the Public
Hearing to September 9, 1997; and
WHEREAS, on September 9, 1997 the San Rafael Planning Commission held a continued Public Hearing
on the Negative Declaration for the proposed Planned Development Zoning District, Tentative Subdivision,
Master Use Permit and the Environmental and Design Review Permit applications, accepted the written
report of the Community Development Department staff which recommended the Public Hearing be
continued because the City's Geotechnical Review consultant had not had adequate time to prepare a
response on the above mentioned studies. The Planning Commission continued the Public Hearing to
October 14, 1997; and
WHEREAS, on October 14, 1997 the San Rafael Planning Commission held a continued Public Hearing
on the Negative Declaration for the proposed Planned Development Zoning District, Tentative Subdivision,
Master Use Permit and the Environmental and Design Review Permit applications, accepted the written
report of the Community Development Department staff which recommended the Public Hearing be
continued to a date uncertain because all the information regarding the above mentioned studies was not
available; and
WHEREAS, upon review of the information received from the applicant's geotechnical engineer and the
City's Geotechnical Review consultant and an independent visual analysis, a revised mitigated Negative
Declaration for the project was prepared and made available for public review consistent with the
requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, on June 24, 1998 the San Rafael Planning Commission held a duly noticed Public Hearing on
the revised Negative Declaration for the proposed Planned Development Zoning District, Tentative
Subdivision, Master Use Permit and the Environmental and Design Review Permit applications, accepting
public testimony and the written report of the Community Development Department staff; and
WHEREAS, for any project on which the City Council has discretionary approval, the City Council must
certify the environmental document and approve the project applications; and
WHEREAS, the Planning Commission exercised its independent judgment in evaluating the revised
mitigated Negative Declaration and determined that the revised Negative Declaration for the project is
consistent with the provisions of CEQA in that an Initial Study has been prepared on the project which
-2-
determined that there is no substantial evidence that the project will have a significant impact on the
environment. Mitigation measures have been attached to the project which reduce the potential impacts
to a level of insignificance. Public Notice of the intent to adopt the revised Negative Declaration has been
done pursuant to state law. The proposed revised Negative Declaration has been considered in
conjunction with comments received during the review period and at the Planning Commission public
hearing; and
WHEREAS, on July 20, 1998 the San Rafael City Council held a duly noticed Public Hearing on the
Negative Declaration for the proposed Planned Development District, Master Use Permit, Tentative
Subdivision Map, and the Environmental and Design Review Permit applications, accepting public
testimony and the written report of the Planning Department staff; and
WHEREAS, the City Council exercised its independent judgment in evaluating the mitigated Negative
Declaration and determined that the Negative Declaration for the project is consistent with the provisions
of CEQA in that an Initial Study has been prepared on the project which determined that there is no
substantial evidence that the project will have a significant impact on the environment. Mitigation
measures have been attached to the project which reduce the potential impacts to a level of
insignificance. Public Notice of the intent to adopt the Negative Declaration has been done pursuant to
state law. The proposed Negative Declaration has been considered in conjunction with comments
received during the review period and at the Planning Commission public hearing.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby finds that the Negative
Declaration for the proposed Planned Development District (ZC96-3), Master Use Permit (UP96-1),
Tentative Subdivision Map (TS96-1), and Environmental and Design Review Permit (ED96-19) for the
development of a six lot residential subdivision located the end of Twin Oaks Drive has been completed in
compliance with CEQA and adopts the document, including the Mitigation Monitoring Program.
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 City Council of said City held on
Mondav the 201h day of July , 1998 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
-3-
JEA NE M LEON NI, City Clerk