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HomeMy WebLinkAboutCC Resolution 7975 (Merrydale Rd. McDonalds)RESOLUTION NO. 7975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF PROPERTY AT 170 MERRYDALE ROAD, (McDonald's) WHEREAS, pursuant to Title 14 (Zoning) of the San Rafael Municipal Code, an amendment to rezone property at 170 Merrydale Road, was initiated by the property owner; and WHEREAS, an Initial Environmental Study was prepared in accordance with the State EIR Guidelines to assess potential environmental impacts of the proposal; and WHEREAS, on March 14, 1989, the Planning Commission found that the proposed amendment would not create any significant adverse impacts and recom- mended to the City Council the certification of a Negative Declaration; and WHEREAS, on May 15, 1989 the City Council concurred with the Planning Commission recommendation. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council finds that there is no substantial evidence in the record showing that the project may have a significant effect on the environment, and certifies the Negative Declaration for Z87-4 based upon the following findings: (1) The proposed zone change would be consistent with the San Rafael General Plan. The proposed zoning of Assessor's Parcel 179-104-07 from P -C -NG (C100) to PC -NG (C-158) incorporates a 45 PM trip allocation increase to the site adopted by the General Plan, and an additional 13 trips trans- ferred from Assessor's Parcel 179-104-04 consistent with the requirements of General Plan Policy C-5 ("Trip Transfers"). The proposed rezoning of Assessor's Parcel 179-104-04 from P -C -NG (C-71 to P -C -NG (C-89) incorporates a 31 peak PM trip allocation increase to the site adopted by the General Plan, and a transfer of 13 trips to Assessor's Parcel 179-104-07 to result in a net peak PM trip allocation increase of 18 trips. (2) The proposed zone change would not be detrimental to the health, safety or general welfare of the surrounding community or the City of San Rafael as a whole. The impacts of development consistent with General Plan and Northgate Activity Center Plan trip allocations have been as- sessed through both the General Plan Environmental Impact Report and the Northgate Activity Center Plan Environmental Impact Report. Circulation system improvements identified as mitigation measures by these environ- mental documents have been required as conditions of approval of a use permit for the development of the subject property. 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 15th day of May 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None �t� J � ELEO!' CityC er P,�RC G I N1 A [ 7975