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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