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HomeMy WebLinkAboutCC Resolution 9942 (Shoreline Center)RESOLUTION # 9 9 4 2 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE NEGATIVE DECLARATION FOR AN AMENDMENT TO THE PLANNED DEVELOPMENT(PD 165 1) DISTRICT (ZC97-6) AND MASTER USE PERMIT (UP91-36(b)) TO ALLOW FOOD AND BEVERAGE SERVICE ESTABLISHMENTS AND RECREATIONAL FACILITIES, AND A USE PERMIT (UP97-40) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED97-73) FOR THE DEVELOPMENT OF A 56 TEE GOLF DRIVING RANGE AT SHORELINE CENTER; 1615 East Francisco Boulevard; (APN 9-302-40 through 45) WHEREAS, on July 25, 1997, applications requesting an amendment to the Planned Development (PD 165 1) District and Master Use Permit to allow food and beverage service establishments and recreational facilities and a Use Permit and Environmental and Design Review Permit for a 56 tee golf driving range 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 October 14, 1997 the San Rafael Planning Commission held a duly noticed Public Hearing on the Negative Declaration for the proposed amendment to the Planned Development (PD 165 1) Zone District and Master Use Permit and the Use Permit and 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, nnb ir ff ��a�ku 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 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 amendment to the Planned Development (PD 165 1) Zone District and Master Use Permit and the Use Permit and Environmental and Design Review Permit applications, accepting public testimony and the written report of the Planning Department staff; and, WHEREAS, the City Council determined that the project design minimizes adverse environmental impacts because the project has been reviewed by the City's Design Review Board and other appropriate agencies including the California Department of Fish and Game, who stated that the driving range fence nets and lighting have been designed to reduce potential impacts on the adjacent wildlife and wetlands; 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 -2- 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 amendment to the Planned Development (PD 165 1) Zone District and Master Use Permit to allow food and beverage service establishments and recreational facilities and the Use Permit and Environmental and Design Review Permit applications, for the development of a 56 tee golf driving range at Shoreline Center located 1615 Irwin Street 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 20`h day of October , 1997 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA . LEONCINI, City Clerk