Loading...
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: -2- AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA N=E M. LEONCINI, City Clerk -3-