HomeMy WebLinkAboutCC Resolution 8738 (Zoning Amendments)RESOLUTION NO. 8738
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS
FOR THE PROPOSED SAN RAFAEL ZONING ORDINANCE AMENDMENTS
WHEREAS, on July 17, 1988, the City Council of the City of San Rafael adopted the
San Rafael General Plan 2000 pursuant to California Government Code Section
65300 et. seq.; and,
WHEREAS, the certified Environmental Impact Report (EIR) for the San Rafael
General Plan 2000 addresses the environmental impacts of the General Plan goals,
policies, and implementing programs; and,
WHEREAS, Government Code 65860 requires zoning consistency with the General
Plan, and General Plan Implementing Programs call for the preparation of zoning
districts and regulations to implement General Plan land use designations and
policies; and,
WHEREAS, a draft Zoning Ordinance with zoning districts and regulations
consistent with the General Plan has been prepared by the San Rafael Planning
Department; and,
WHEREAS, most of the land uses, densities and intensities and proposed property
development standards of the draft Zoning Ordinance are either a direct result of
General Plan policy or are retained unchanged from the current Zoning Ordinance;
and,
WHEREAS, new zoning regulations establishing certain parking requirements,
parking lot design standards, site landscaping standards, small lot restrictions, and
design review criteria for certain modifications to single-family residences are not
required by the General Plan and were not reviewed by the General Plan EIR; and,
WHEREAS, on May 20, 1991, in accordance with the requirements of the California
Environmental Quality Act (CEQA), an Initial Study of the environmental impacts
of these specific and limited proposed Zoning Ordinance provisions, not covered as
part of the General Plan EIR, was completed by Planning Department staff; and,
WHEREAS, said environmental assessment resulted in a recommendation for
adopting of the Negative Declaration of Environmental Impacts; and,
WHEREAS, in August, 1991, the Negative Declaration of environmental impacts
was printed; and,
WHEREAS, in September, 1991, notice of the availability of the Negative
Declaration was published in local newspapers and mailed to every property owner
in the city; and,
WHEREAS, on November 7, 1991, the Negative Declaration was circulated to all
interested parties for a duly -noticed public review period which closed on December
15,1991; and,
WHEREAS, comments on the Negative Declaration were requested from state,
federal and local agencies, as well as persons, groups and agencies on the Zoning
Ordinance mailing list; and,
WHEREAS, a Notice of Determination was filed with the Marin County Clerk from
November 13, 1991 to January 31, 1992, and,
WHEREAS, on December 10, 1991, the San Rafael Planning Commission held a
duly -noticed Public Hearing to receive comments on the Negative Declaration; and,
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WHEREAS, the Planning Department prepared Responses to Comments on the
Negative Declaration (April 1, 1992) based on written comments received by the
Planning Department; and,
WHEREAS, during its review of the proposed Zoning Ordinance amendment, the
Planning Commission reviewed and considered public testimony on -the Negative
Declaration, including those comments submitted after the close of the required 30 -
day review period on December 15, 1991, and Planning Department staff responses
to comments; and,
WHEREAS, on April 14, 1992, the Planning Commission voted unanimously to
recommend to the Citv Council adoption of the Negative Declaration; and
WHEREAS, on June 3, 1992, as part of its review of the draft Zoning Ordinance, the
City Council reviewed and considered all public comments on the Negative
Declaration, and staff responses (May 5, 1991 staff report); and,
WHEREAS, upon further legal review, changes in the approach to transitional
housing programs were required consistent with the Fair Housing Act Amendment;
and clarifications to the purpose statement of the Emergency Housing performance
standards and the separate standards set forth in the Resolution were also needed
consistent with State and Federal Housing law.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council finds that
the Negative Declaration for the San Rafael Zoning Ordinance amendments
consists of the Environmental Checklist Form, the Environmental Initial Study, the
Project Description, and the Comments and Responses.
BE IT FURTHER RESOLVED that upon review of the environmental assessment
and the public testimony in the record, the San Rafael City Council identifies no
significant adverse environmental impacts resulting from the proposed zoning
regulations not addressed by the General Plan and therefore not already reviewed by
the General Plan EIR.
BE IT FURTHER RESOLVED, the San Rafael City Council adopts the Negative
Declaration of Environmental Impacts, based on the following findings:
1. The Negative Declaration is consistent with the provisions of CEQA in that
an Initial Study has been prepared which determined that there is no substantial
evidence that the Zoning Ordinance amendments have the potential for creating a
significant adverse impact on the environment.
2. The Negative Declaration has been completed in compliance with the content
and process requirements of CEQA in that public notice of the intent to adopt the
Negative Declaration has been given pursuant to state law, and the proposed
Negative Declaration has been considered in conjunction with comments received
during the review period.
3. The proposed Zoning Ordinance regulations are consistent with General
Plan Land Use Goals LU -E requiring quality design and H -B conserving the existing
housing stock.
The foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council of San Rafael on Tuesday, September 8th, 1992 by the
following vote, to wit:
AYES: COUNCILMEMBERS = Breiner, Cohen, Shippey, Thayer & Mayor Borc
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS = None
JE LEO ,C ler%
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