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HomeMy WebLinkAboutCC Resolution 9520 (1 McInnis Parkway Office)RESOLUTION NO. 9520 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING A NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT GPA95-1 1 McInnis Parkway; AP 180-410-06. WHEREAS, on March 24, 1995, applications requesting a General Plan Amendment, Zone Change, Use Permit and Environmental and Design Review Permit were found by the Planning Department to be complete for processing; and, WHEREAS, upon review of the subject applications an environmental Initial Study was prepared consistent with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, it was concluded in the Initial Study that the proposed General Plan Amendment for a 37,000 square foot office building did not have the potential for creating a significant impact on the environment; and, WHEREAS, a Mitigated Negative Declaration was prepared for the proejct and processed and reviewed in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, staff identified the amendment, with corresponding background analysis in the October 24, 1995 staff report to the Planning Commission; and, WHEREAS, the San Rafael Planning Commission is required by state law to hold at least one public hearing and make a written recommendation to the legislative body on the adoption of any General Plan Amendments; and WHEREAS, on October 24, 1995, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Negative Declaration, General Plan Amendment, Zone Change, Use Permit and Environmental and Design Review permit applications accepting public testimony and the written report of the Planning Department staff, and voted 6 - 0 - 1 to recommend Council certification of the Negative Declaration and approval of the General Plan Amendment; and, WHEREAS, on December 4, 1995, the San Rafael City Council held a duly noticed Public Hearing at which time it considered the proposed Mitigated Negative Declaration, oral testimony and written comments, the Planning Commission staff report and the City Council staff report and all other material entered into the record; and, WHEREAS, 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 P'RIP31NAI as�P 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 the comments recieved during the review period and the public hearings. NOW, THEREFORE, BE IT RESOLVED that the City Council has exercised its independent judgement and determined that the proposed project does not have the potential for creating a significant impact on the environment and therefore certifies a Negative Declaration in accordance with the California Environmental Quality Act. BE IT FURTHER RESOLVED that the City Council approves the General Plan amendment for 1 McInnis Parkway to change the land use designation from "General Commercial" to "Office" land use designation as this provides a more appropriate land use designation given the surrounding land uses and allows the construction of the proposed 37,000 square foot office building. BE IT FURTHER RESOLVED that the public health, safety and general welfare are served by the adoption of the proposed amendment because the amendment is not in conflict with other General Plan Policies and it will permit the construction of a 37,000 square foot office building while maintaining adequate setbacks to the wetland area. BE IT FURTHER RESOLVED that the environmental assessment relied on the prior General Plan EIR to identify impacts of the existing land use designation and identified no significant new environmental impacts resulting from a new land use designation of zone change. 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 Monday the fourth day of December, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller and Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) A�Jekeo2 _2- qX- z 20 Ex IT "A