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
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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)
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