HomeMy WebLinkAboutCC Resolution 15168 (Rotary Manor Culvert Replacement)1
RESOLUTION NO. 15168
RESOLUTION ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
(IS/MND) AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM
(MMRP) FOR THE ROTARY MANOR CULVERT REPLACEMENT PROJECT;
AUTHORIZATION TO STAFF TO PROCEED WITH FINAL DESIGN AND PROCUREMENT
OF REGULATORY ENVIRONMENTAL PERMITS; CITY PROJECT NO. 11371
WHEREAS, the City has determined it is necessary to replace the Rotary Manor
Culvert and has retained consultants to design the project and prepare construction
drawings, City Project No. 11371; and
WHEREAS, the construction plans are approximately 90% completed for the Project’s
proposed culvert replacement and, pursuant to the California Environmental Quality Act
(CEQA) Guidelines, it was determined that, for purposes of CEQA, the improvements are
defined as a “project” subject to environmental review; and
WHEREAS, pursuant to CEQA Guidelines Section 15063, an Initial Study was
prepared to determine the potential environmental impacts of the Project; and
WHEREAS, as demonstrated in the preparation of the Initial Study, the proposed
Project would result in no significant environmental impacts for which mitigation is
recommended to reduce; and
WHEREAS, consistent with CEQA Guidelines Section 15070, the Initial Study
supports and recommends the adoption of a Mitigated Negative Declaration; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, on October 24th, 2022, the
City published a Notice of Public Hearing and Intent to Adopt the Initial Study/Mitigated
Negative Declaration which was made available for a 30-day public review period. One
comment letter was received from the State Department of Fish and Wildlife; and
WHEREAS, on December 5th, 2022, the City Council held a duly noticed public
hearing to review the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program and considered all oral and written public testimony.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring and
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Reporting Program for the Rotary Manor culvert replacement Project, City Project No. 11371,
based on the following findings:
1. The Initial Study/Mitigated Negative Declaration has been prepared in accordance
with CEQA Guidelines by the consultant. As a result of this consultation, mitigation
measures required to address potential impacts have been incorporated into the
Mitigated Negative Declaration.
2. As prescribed by CEQA Guidelines Section 15073, a public review period of a minimum
of 30 days was observed for public comment (30-days observed commencing on
October 26th, 2022 and closing on November 30th, 2022).
3. The Mitigated Negative Declaration has been presented to the City Council who has
reviewed and considered the information in the Initial Study for adopting a Mitigated
Negative Declaration. Further, the City Council finds that the Initial Study is adequate
and complete to support the adoption of a Mitigated Negative Declaration.
4. The City Council has exercised its independent judgment in evaluating the Initial Study
and has considered the comments received during the public review period and public
hearing. Based on this review, the City Council has determined that a) there is no
substantial evidence that the Project will have a significant impact on the environment;
and b) revisions have been made to the Project or have been included in the Project
as conditions of approval which reduce the potentially significant impacts related to
biological resources, cultural resources, noise, and air quality for which mitigation
measures are required; and c) result in either no environmental impacts or impacts
that are deemed to be less-than-significant in other topic areas listed in the Initial Study
Checklist.
I, LINDSAY LARA, 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 the 5th day of December 2022, by the following vote, to wit:
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AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
File No.: 08.02.277