HomeMy WebLinkAboutCC Resolution 9983 (Bedroom Noise)RESOLUTION # 9 9 8 3
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
CERTIFYING THE NEGATIVE DECLARATION FOR GENERAL
PLAN AMENDMENT TO AMEND NOISE ELEMENT POLICY
N-7 TO INCREASE THE ALLOWED DECIBELS FOR
BEDROOMS FROM 40 dB Ldn (DECIBELS AND SOUND LEVEL
AT DAY -NIGHT AVERAGE) TO 45 dB Ldn FOR NEW
MULTIFAMILY RESIDENTIAL DEVELOPMENTS; City of San
Rafael
WHEREAS, on October 3, 1997, the City of San Rafael's Community Development Department
initiated an amendment to General Plan Noise Element policy N-7 to increase the allowed
decibels for bedrooms from 40 dB Ldn (decibels and sound level at day -night average) to 45 dB
Ldn for new multifamily residential developments; 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 Negative Declaration pursuant to
the requirements of CEQA; and
WHEREAS, the proposed Negative Declaration was reviewed and considered at a duly noticed
public hearing by the Planning Commission on October 28, 1997, at which time the Planning
Commission accepted oral testimony, written comments on the proposed Negative Declaration
and the staff report dated October 21, 1997 and continued the item; and
WHEREAS, the proposed Negative Declaration was reviewed and considered at a duly noticed
public hearing by the Planning Commission on November 6, 1997, at which time the Planning
Commission accepted oral testimony, written comments on the proposed Negative Declaration
and the staff reports dated October 21, 1997 and November 6, 1997; and
WHEREAS, the Planning Commission exercised its independent judgment in evaluating the
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. 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, for any project on which the City Council has discretionary approval, the City
Council must certify the environmental document and approve the project application; and
WHEREAS, on November 17, 1997 the San Rafael City Council held a duly noticed Public
Hearing on the Negative Declaration for the proposed General Plan Text Amendment
application, accepted public testimony and the written reports of the Planning Department
staff; and,
"U R
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. 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 Negative
Declaration has been completed in compliance with CEQA and hereby adopts the document
based on the following finding:
1. The Planning Commission and City Council have exercised their independent judgment in
evaluating the 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 has been 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, including health impacts of
noise on people. 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.
I, JEANNE M. LEONCIIVI, 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 17'hday of November, 1997, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
-2-
JE r';zE M. LEONCINI, City Clerk