HomeMy WebLinkAboutResolution No. 6596 (Fred Grange Fill Permit)RESOLUTION NO. 6596
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL UPHOLDING THE PLANNING COMMISSION'S
CONDITIONAL APPROVAL OF A FILL PERMIT FOR THE
LANDS OF FRED GRANGE AT THE SOUTHEAST END OF
KERNER BOULEVARD
WHEREAS, Fred Grange has requested use permit approval
to place 10,000 cubic yards of earth filIon a portion of the 2~
acre Grange property located at the southeast end of Kerner Boule-
vard; and
WHEREAS, the Planning commission on June 28, 1983, held
a duly noticed meeting and granted use permit approval to fill the
property; and
WHEREAS, Cal-Pox, Inc., owner of San Quentin Disposal,
has filed an appeal of the Planning Commission's approval of the
fill permit, citing that the fill proposal is part of a larger
project and action on fill permit is premature under the pro-
visions of the California Environmental Quality Act; and
WHEREAS, City staff responded to the request for
appeal of the Planning Commission decision in the City Council
staff report dated July 27, 1983, herein incorporated by refer-
ence; and
WHEREAS, the City Council held a duly noticed public
hearing on August 1, 1983, to review the merits of the appeal;
and
WHEREAS, the San Rafael City Council concluded that:
1. Granting of a fill permit is consistent with past
City actions and is consistent with the EIR prepared for the East
San Rafael Redevelopment Plan and the Negative Declaration for the
East San Rafael Wetlands Mitigation Plan.
2. Filling of the site is required regardless of the
ultimate development approved for the property and does not limit
further City discretionary actions regarding a heliport use.
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~ RESOLUTION NO. 65bb
3. The granting of a fill permit is consistent with the
agreement signed by property owners who participated in the East
San Rafael Wetlands Mitigation Plan which stated that significant
cash and land contributions would be made in exchange for the
expedient granting of fill permits.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City
Council uphold the Planning Commission's conditional approval of a
fill permit for the site and deny the appeal based upon the
following finding:
Granting of a use permit to place 10,000 cubic yards of
earth filIon the Grange property at the end of Kerner Boulevard
is consistent with CEQA in that an EIR was prepared and certified
for the East San Rafael portion of the Central San Rafael Rede-
velopment Plan and the Urban Design and Development Policy State-
ment. Additionally, in June 1982 the City certified a Negative
Declaration for the East San Rafael Wetlands Mitigation Plan,
which supplements that original EIR. Both documents were prepared
pursuant to CEQA. Impacts associated with filling of the subject
property are mitigated through the enhancement of off-site wetland
areas. Additional environmental review and City discretionary
action are required for the San Rafael Heliport proposal.
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
Ci ty on Monday , the fifteenth day of August , 1983, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
.k~ JE~LEONClNJCitYClerk
26.1 Aj29
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