HomeMy WebLinkAboutCC Resolution 9885 (Vista Marin Use Permit)RESOLUTION 9 8 8 5
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE
NEGATIVE DECLARATION FOR ZONE CHANGE, TENTATIVE
SUBDIVISION MAP, USE PERMIT AND ENVIRONMENTAL AND DESIGN
REVIEW APPLICATIONS FOR A 49 SINGLE FAMILY LOT SUBDIVISION
(VISTA MARIN), SCETTRINI DRIVE
(AP #180-124-02)
WHEREAS, on July 1, 1996, applications requesting a Zone Change, a Tentative Subdivision
Map, 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 February 25, 1997 at which time
the Planning Commission accepted written comments on the proposed Mitigated Negative
Declaration and the staff report dated February 17,1997; and
WHEREAS, the proposed Mitigated Negative Declaration was also reviewed and considered at
a duly noticed public hearing by the Planning Commission on March 11, 1997 at which time the
Planning Commission accepted written comments on the proposed Mitigated Negative
Declaration and the staff report dated March 7, 1997; and
WHEREAS, the proposed Mitigated Negative Declaration was also reviewed and considered at
a duly noticed public hearing by the Planning Commission on April 15, 1997 at which time the
Planning Commission accepted written comments on the proposed Mitigated Negative
Declaration and the staff report dated April 11,1997; 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 and recommended to the City Council
adoption of the Mitigated Negative Declaration; and
WHEREAS, on May 13, 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 Planning Commission staff reports dated February 17, 1997, March 7, 1997,
April 11, 1997 and May 8,1997.
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,
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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 June 16,1997 the San Rafael City Council held a duly noticed Public Hearing on
the Negative Declaration for the proposed Zone Change, Tentative Subdivision Map, Use
Permit, 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. As discussed in the Negative Declaration, the project proposal minimizes impairment to the
adjacent wetland's functional characteristics and wildlife habitat in that: a 50 foot building
setback shall be maintained; a landscape and fencing buffer is provided between the
subdivision lots and the wetland area; proposed landscaping within the wetland buffer area is
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non-invasive and will enhance the wetland habitat values; an erosion control plan will be
required for the project; the stormwater runoff system is designed to minimize the increase in
volume of stormwater runoff to the wetland from the proposed development over the existing
volume of runoff and ensures that stormwater runoff is substantially free of debris, pollutants
and silt and no fill of any of the existing wetland is proposed.
I, JEANNE M. LEONCIlZ, 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 Monday the 21st day of July
1997 by the following vote, to wit:
AYES: COUNCILMEMBERS : Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS • None
JE306TNE M. LEONCINI, City Clerk
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