HomeMy WebLinkAboutCC Resolution 9332 (110 Smith Ranch Road Negative Declaration)RESOLUTION NO. 9332
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING THE
NEGATIVE DECLARATION FOR A ZONE CHANGE, USE PERMIT,
ENVIRONMENTAL AND DESIGN REVIEW PERMIT, SUBDIVISION, AND
HEIGHT EXCEPTION FOR A 122,528 SQUARE FOOT OFFICE BUILDING, A
2,250 SQUARE FOOT STORAGE BUILDING AND A 4,100 SQUARE FOOT
CHILD CARE FACILITY, 110 Smith Ranch Road and at the end of Carlos
Drive (Regency Center - Phase 2), AP Nos. 155-121-04,-05, and -10
WHEREAS, the proposed project consists of a zone change (Z94-5)), use
permits (UP95-16 and UP94-56), environmental and design review permits
(ED94-96 and ED95-29), subdivision (s94-10) and a height exception to allow the
construction of a 122,528 square foot office building with a height of 42 feet, a
4,100 square foot child care facility, a 2,250 square foot storage building, and a 3 -
lot subdivision; and
WHEREAS, the City prepared a Mitigated Negative Declaration for the project
on March 27, 1995 and provided a public review period for the Mitigated
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 April 11, 1995
at which time the Planning Commission accepted oral testimony and written
comments on the proposed mitigated negative declaration and the staff report
dated April 4, 1995; 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 applications; 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, and recommended to the City
Council adoption of the mitigated negative declaration; and
WHEREAS, on April 17, 1995 the City Council held a public hearing at which
time it considered the proposed mitigated negative declaration, oral testimony
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and written comments, the Planning Commission staff report dated April 4,
1995, and the City Council staff report.
NOW THEREFORE BE IT RESOLVED, that the City Council has exercised its
independent judgment in evaluating the mitigated negative declaration and
makes the following findings:
1. 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. Revisions have been made to the
design and mitigation measures have been attached 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
comments received during the review period and at the public
hearings. Adoption of the Negative Declaration reflects the
independent judgment of the City Council.
2. A mitigation monitoring program has been prepared to
insure implementation of and compliance with all conditions
required to mitigate any impact to a level of insignificance.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council of the
City of San Rafael hereby finds that the mitigated negative declaration has
been completed in compliance with CEQA and adopts the document,
including the Mitigation Monitoring and Reporting Program.
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 Council of said City on Monday the seventeenth day of
April, 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
JE,ALEONCIlVI, City Clerk
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