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HomeMy WebLinkAboutCC Resolution 9074 (EIR Saint Dominic Master Plan)RESOLUTION NO. 9074 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SISTERS OF SAINT DOMINIC MASTER PLAN; 1520 Grand Avenue; Sisters of Saint Dominic, owners; Peter Walz/TWM Architects, representative; AP 15-142-02 WHEREAS, an application for a Master Plan for the 6.83 acre site owned by the Sisters of Saint Dominic on Grand Avenue along with the required applications for a zone change from PD (Planned Development) to a new PD zone for the entire site with new development standards (Z92-2); a Use Permit for development in the PD Zone (UP92-38); and an Environmental and Design Review Permit (ED92-76) were filed with the City of San Rafael; and WHEREAS, an Initial Study was prepared by the City of San Rafael which showed that the proposed Master Plan might produce significant environmental effects on historic resources as it required the demolition of the Mother House and St. Thomas Hall and other ancillary buildings on the site and that an EIR would be required for the project; and WHEREAS, on December 15, 1992, the San Rafael Planning Commission held a duly noticed public hearing at which they accepted public testimony, and provided additional comments on the Initial Study and approved a scope of work for the preparation of a Draft Environmental Impact Report; and WHEREAS, a draft EIR entitled Draft Environmental Impact Report, Sisters of St. Dominic Master Plan, was prepared by During Associates and Page & Turnbull, Inc. pursuant to the scope of work; and WHEREAS, a Notice of Completion of a Draft EIR and copies of the Draft EIR were delivered to the State Clearinghouse (State Clearinghouse Number 92123074) and the Draft EIR was circulated for a duly noticed 45 -day public review period which began on July 26, 1993 and ended on September 8, 1993; and WHEREAS, a Public Notice of Availability and Public Hearing for the Draft EIR was mailed on July 23, 1993 to property owners within a 300 foot radius of the project site, Marin County historical groups, all applicable state and local agencies and other interested persons who requested information on the project and copies of the notice were duly posted and published; and WHEREAS, copies of the Draft EIR were made available at the Planning Department, the San Rafael City Library, and the Marin County Library and copies of the Draft EIR were also distributed to local historical groups; and WHEREAS, written comments on the Draft EIR during the comment period were received from the following agencies, groups, and individuals: State Office of Historic Preservation, Carol Galloway, Annette Garatti, Cynthia Pepper and Val D. Hornstein, Marianne Hurley, State Historic Building Safety Board, Kenneth and Janet Philo, Dolores Rogers, Leslie Simons, and Niki Simons; and WHEREAS, the draft EIR was reviewed at a duly noticed public hearing by the Planning Commission on August 24, 1993 at which time the Commission accepted both oral testimony and additional written comments on the Draft EIR and directed staff to prepare a draft final EIR document, and ORIGINAL 4-90721 WHEREAS, During Associates and Page & Turnbull, Inc. prepared responses to each comment received during the public review period and at the public hearing held by the Planning Commission and included all comments and responses in a bound document entitled, Environmental Impact Report, Draft Summary of Comments and Responses, Sisters of St. Dominic Master Plan, _ dated October 15,1993; and WHEREAS, During Associates also incorporated any responses which included text changes to the EIR into a bound document entitled Draft Final Environmental Impact Report, Sisters of St. Dominic Master Plan, and WHEREAS, CEQA Guidelines Section 15089(b) states that an opportunity for review of the draft Final EIR by the public and by commenting agencies may be provided, these two documents were made available for public review beginning on Saturday, October 16, 1993 and ending on October 26,1993; and WHEREAS, copies of the documents were distributed to the Planning Commission and Cultural Affairs Commission, mailed to State Agencies which commented on the Draft EIR, distributed to local historical groups, placed in the San Rafael City Library and the Marin County Library and made available in the Planning Department; and WHEREAS, public notice of the public hearing to review the documents was duly mailed to property owners within 300 feet of the site, historic groups, all interested persons who asked to be notified, and published in the newspaper; and WHEREAS, on October 26, 1993 the Planning Commission held a public hearing to review the draft Final EIR and Response to Comments documents in conjunction with a staff report which discussed the adequacy of the draft Final EIR and outlined changes to the EIR that had been made in response to comments and focused on the following EIR issues: the EIR process; Costs and Finances of the project; Historic, Architectural, and Cultural Resources, alternatives; and WHEREAS, the Planning Commission closed the public hearing, and requested the EIR Consultants, Stu During and J. Turnbull respond to comments made at the hearing; and WHEREAS, the Planning Commission reviewed and considered this testimony in conjunction with the Environmental Impact Report, Draft Summary of Comments and Responses, Sisters of St. Dominic Master Plan, dated October 15, 1993 and the Draft Final Environmental Impact Report, Sisters of St. Dominic Master Plan; and WHEREAS, the Commission directed staff to prepare a Resolution recommending certification of the Final EIR; and WHEREAS, on November 9, 1993 the Commission adopted Resolution 93-09 (6-0 vote) recommending to the City Council certification of the FEIR; and WHEREAS, for any project on which the City Council has discretionary approval, the City Council must certify the environmental document and the rezoning for the Sisters of St. Dominic Master Plan requires the approval of the City Council; and WHERAS, the administrative records of the Planning Commission hearings consisting of all staff reports, exhibits, and correspondence; meeting minutes; Resolution 93-09; and the Final EIR for the project consisting of the - 2 - Environmental Impact Report, Draft Summary of Comments and Responses, Sisters of St. Dominic Master Plan, dated October 15, 1993 and the Draft Final Environmental Impact Report, Sisters of St. Dominic Master Plan were forwarded to the City Council; and WHEREAS, on December 6, 1993 the City Council held a duly noticed public hearing to consider certification of the FEIR in conjunction with a staff report dated December 3, 1993 which recommended the Council certify the FEIR; and WHEREAS, the City Council took public testimony on the FEIR, closed the public hearing, and requested the EIR Consultants, Stu During and J. Turnbull, respond to comments made at the hearing. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael determines for purposes of certification that the Final EIR for the project consists of the Environmental Impact Report, Draft Summary of Comments and Responses, Sisters of St. Dominic Master Plan, dated October 15, 1993 and the Draft Final Environmental Impact Report, Sisters of St. Dominic Master Plan ; all meeting minutes; Planning Commission Resolution No. 93-09; and this Resolution No. 9074. BE IT FURTHER RESOLVED, that the City Council has exercised its independent judgment in evaluating the Final EIR and makes the following determinations and findings related to certification of the Final EIR: 1. The City Council finds that the Final EIR fully complies with CEQA requirements for consultation and public review based on the following facts and analysis: A. The Notice of Preparation for the EIR, the draft EIR, and the Final EIR were duly made available to the public and all trustee and responsible agencies through noticing, publication and posting. Copies of the documents were available in libraries and the Planning Department. 2. The City Council finds that the Final EIR fully complies with CEQA requirements that written responses be prepared on all comments received from persons who reviewed the Draft EIR based on the following facts: A. The Environmental Impact Report, Draft Summary of Comments and Responses, Sisters of St. Dominic Master Plan, dated October 15, 1993 contains all letters received during the public comment period and the transcript of all testimony received at the public hearing. Each and every comment has been numbered and a response has been prepared to each environmental issue. B. Comments received at the October 26, 1993 public hearing on the draft final EIR were responded to by the consultant and responses are contained in the minutes of the meeting. C. Comments received at the December 6, 1993 public hearing on the Final EIR were responded to by the consultant and responses are contained in the minutes of the meeting. 3. The City Council finds that the FEIR adequately assesses historic impacts based on the following facts and analysis: A. The FEIR contains a detailed description of the historic resources on the site prepared by Page & Turnbull, Inc., a firm with recognized expertise in historic resources. The FEIR analyzes the architectural and historic significance of the Mother House, St. Thomas Hall, and the gardens using - 3 - City of San Rafael and National Register criteria. Potential significant impacts of the project and potential mitigation measures are outlined. 4. The City Council finds that the FEIR adequately assesses urban design and visual impacts based on the following facts and analysis: A. The FEIR contains photos showing the existing site conditions and photomontages which illustrate site views after completion of the proposed project. The FEIR notes that the institutional appearance of the site will be changed to one with residential characteristics. This is not considered to be a significant impact. 5. The City Council finds that the FEIR adequately assesses Project Alternatives based on the following facts and analysis: A. The FEIR contains a range of alternatives which is reasonable. It analyzes the following alternatives: No Project; Retention, Repair and Adaptive Reuse of the Mother House; Retention, Repair, and Adaptive Reuse of St. Thomas Hall; Relocation of the Buildings; and Potential Salvage or Rescue of Existing Architectural Elements. The FEIR discusses these alternatives in great detail and provides cost comparisons. An EIR need not consider alternatives whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council hereby finds that the Final EIR for the Sisters of St. Dominic Master Plan has been completed in compliance with CEQA and certifies the document. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council hereby certifies that the Final EIR was presented to the City Council which is the decision making body of the City of San Rafael and that the City Council reviewed and considered the information contained in the Final Environmental Impact Report prior to acting on the project described in the Final EIR or any variation or modification of that project. 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 regular meeting of the city Council of said City held on the 6th day of December, 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAINE M. LEONCINI, City Clerk - 4 -