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HomeMy WebLinkAboutResolution No. 6513 (Final EIR Tiscornia Marina)RESOLUTION NO. 6513 -=-~=---- A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE FINAL EIR FOR THE TISCORNIA MARINA PROJECT WHEREAS, iN September 1981, zone change and use permit applications were filed for the subject property; and WHEREAS, pursuant to the California Environmental Quality Act, an environmental impact report was prepared to review the potential impacts, mitigation measures, and alternatives for the proposed project; and WHEREAS, in November 1982, the applicant withdrew the zone change and use permit applications for marina development of the site, yet requested that the City certify the Final EIR, and WHEREAS, on November 9, 1982, the Planning Commission determined that the EIR should be set aside (not certified) for the time being until the project is resubmitted; the decision was appealed to the City Council; and the City Council referred the item back to the Planning Commission for further review; and WHEREAS, on March 15, 1983, the Planning Commission reviewed the Final EIR recommending to the City Council certifi- cation of the documents; and WHEREAS, on April 4, 1983, the City Council reviewed the Final EIR and made the following findings of fact: (1) The Environmental Impact Report has been prepared in accordance with the California Environmental Quality Act. The necessary procedure requirements for processing an EIR have been completed. Consultation and public hearings have been held to determine the scope of potential environmental impacts. The draft EIR was circulated for a public review period. All oral and written comments have been responded to. (2) The content of the final EIR is consistent with the California Environmental Quality Act. The EIR addresses those environmental issues that were addressed as part of consultations and a public hearing on the initial study. The EIR identifies the potential environmental impacts of the proposed project, mitigation measures, and alternatives. 133 f. ' .' II --<1 TI"""""' T 'Af o ~1"':~ I;, _ ' \ ". /-'. ~ . 'U.1lL \;:Lj..L 'J .J.. 'C.L. ~ :U - 1 - ~RESOLUTION NO. 13 ----- (3) The EIR concludes that all but two potential impacts could be mitigated through project redesign. Unavoidable adverse impacts include the permanent loss of mudflat and intertidal habitat, and a decrease in water quality within the marina basin. The EIR specifically concludes that, based on all related facts and evidence identified, the permanent loss of mudflat and inter- tidal habitat can only be partially mitigated with offsite compen- sation. The EIR concludes that of the three alternatives evaluated (design refinement of the marina, a reduced marina of 300 berths, and an expansion of other marinas or alternative marina locations for new marina construction [no project]), the "no project" would be the only alternative that would fully eliminate the unavoidable impacts of the project. (4) Given that the project would result in two unavoid- able adverse impacts, the California Environmental Quality Act requires findings for overriding considerations. Although there are no current applications, the project, as proposed, creates significant adverse impacts that cannot be mitigated to acceptable levels. The only identified potential overriding consideration is the need for additional berths. Since this need could be met at other less sensitive sites, it does not provide good justification for a statement of overriding concern. Furthermore, given the information provided by the applicant, the conclusions of the EIR, and staff analysis, no other reasonable overriding considerations have been formulated. (5) Although the EIR as prepared is adequate for the Tiscornia Marina proposal, circumstances may change if new appli- cations are filed in the future. Therefore, any new application will require preparation of a new environmental initial study. At that time, it would be determined if this EIR is adequate; if supplements or amendments to this ErR would be sufficient; or if a new environmental document is necessary. - 2 - RESOLUTION NO. 65i3 ------- NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council certifies the Final EIR as prepared for the Tiscornia marina. 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 4th day of __ A~p~r_l_·l ____ , 1983, by the following vote, to wit: AYES: COUNCILMEMBERS:Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None ABSTAINED: COUNCILMEMBERS: Breiner ~A~ JE~ONClNIJCitYCleik 26 A/21 - 3 -