HomeMy WebLinkAboutCC Resolution 9940 (Marin Lofts)RESOLUTION # 9 9 4 0
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE
NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT, ZONE
CHANGE, VARIANCE, USE PERMIT AND ENVIRONMENTAL AND DESIGN
REVIEW APPLICATIONS FOR 15 CONDOMINIUMS (MARIN LOFTS); Cresta
Drive
(AP #155-251-16 and 17)
WHEREAS, on May 15,1997, applications requesting a General Plan Amendment, Zone
Change, a Use Permit and an Environmental and Design Review Permit for the above
referenced project were submitted to the Planning Department for review and processing; and,
WHEREAS, an Initial Study and Mitigated Negative Declaration were prepared by staff which
determined that the project would not create significant environmental impacts; and
WHEREAS, the City provided a public review period for the Mitigated Negative Declaration
pursuant to the requirements of CEQA; and
WHEREAS, the proposed Mitigated Negative Declaration was reviewed and considered at a
duly noticed public hearing by the Planning Commission on September 25, 1997, at which time
the Planning Commission accepted oral testimony, written comments on the proposed
Mitigated Negative Declaration and the staff report dated September 16,1997; and
WHEREAS, the Planning Commission exercised its independent judgment in evaluating the
Mitigated Negative Declaration, found that the document had been completed in compliance
with CEQA, that there is no substantial evidence that the project will have a significant impact
on the environment, that 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; and
WHEREAS, on September 25, 1997, the Planning Commission held a duly noticed public
hearing at which time it considered the proposed Mitigated Negative Declaration, oral
testimony, written comments and the Planning Commission staff report dated September 16,
1997; 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
mitigated Negative Declaration and recommended to the City Council 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
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; and,
WHEREAS, on October 20, 1997 the San Rafael City Council held a duly noticed Public
Hearing on the Negative Declaration for the proposed General Plan Amendment, Zone
Change, Variance, Use Permit and Design Review applications, accepted 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 City Council finds that the Mitigated
Negative Declaration, including the Mitigation Monitoring Program, has been completed in
compliance with CEQA and hereby adopts the document based on the following findings:
1. The Planning Commission has exercised its independent judgment in evaluating the
mitigated Negative Declaration for the project and has determined that the Negative
Declaration for the project is consistent with provisions of CEQA . The project will not have a
significant adverse impact on the environment and a Negative Declaration should be adopted.
An Initial Study was prepared for the project which determined that there is no substantial
evidence that the project will have a significant impact on the environment. Modifications have
been made to the project which reduce 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 any public comments
received during the review period and at the hearing.
2. A mitigation monitoring program has been prepared to insure implementation of all
conditions required to mitigate any impact to a level of insignificance.
3. The project design mitigates adverse environmental impacts as determined by the Negative
Declaration adopted for the project.
4. The project design and proposed improvements will not cause substantial environmental
damage or substantially and avoidably injure fish, wildlife or their habitats or cause serious
public health problems based on the Negative Declaration prepared for the project and
modifications made to the project design to incorporate recommended mitigation measures.
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 on Monday, the 20`h day of October, 1997, by the following vote, to wit:
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AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA N=E M. LEONCINI, City Clerk
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