HomeMy WebLinkAboutCC Resolution 13355 (Untermann 2 Lot Subdivision)RESOLUTION NO. 13355
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVAL OF A MITIGATION MONITORING
AND REPORTING PROGRAM (MMRP) FOR PLANNED DEVELOPMENT -
HILLSIDE OVERLAY DISTRICT REZONING AND TWO LOT RESIDENTIAL
SUBDIVISION AT 190 EL CERRITO AVE (UNTERMANN 2 LOT SUBDIVISION)
(APN 011-021-10)
WHEREAS, on June 23, 2011, an application requesting a Planned Development Rezoning
(ZC11-003) as filed by Al Cornwell of CSW/Stuber-Stroeh on behalf of the property owners Tom and
Merrie Untermann, to the Community Development Department requesting approval of a Rezoning from
a shell PD -H to a revised PD -H with appropriate development regulations to allow for the subdivision of
a single, 6.24 -acre hillside parcel (7.15 gross acres) into two lots, with the existing single family home at
190 El Cerrito Ave remaining on a 3.24 -acre parcel and a new single family home proposed on a new 3.0 -
acre parcel, and the application was subsequently deemed complete for processing; and
WHEREAS, the applications include concurrent requests for a PD Rezoning to a revised Planned
Development (PD -II) District (ZC11-003), a Tentative Parcel Map (TS11-004) for a two lot hillside
subdivision and an Environmental and Design Review Permit (EDI 1-047) for the conceptual design and
building feasibility; and
WHEREAS, consistent with the requirements of the City of San Rafael Environmental
Assessment Procedures Manual and the provisions of the California Environmental Quality Act (CEQA),
an Initial Study/Mitigated Negative Declaration was prepared for the proposed project, which found that
the project would not result in a significant effect on the environment in that revisions to the project have
been made or agreed to by the project applicant to mitigate potential adverse impacts to Air Quality and
Cultural Resources; and
WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting
Program has been prepared to implement the project mitigation measures and to accompany the Mitigated
Negative Declaration; and
WHEREAS, notices regarding the Mitigated Negative Declaration prepared for this project were
published in the Marin Independent Journal on Saturday, March 24, 2012, a local newspaper of general
circulation in the area; and
WHEREAS, on March 22, 2012, public notices were mailed to surrounding property owners and
residents within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations
and special interest groups pursuant to CEQA Guidelines Section 15072; and
WHEREAS. the site was also posted with a public hearing notice board on March 22, 2012, for a
20 day period in advance of the April 10, 2012 public hearing; and
WHEREAS, the Mitigated Negative Declaration was made available for a 20 -day review period
by pertinent agencies and interested members of the public, commencing on March 22, 2012: and
WHEREAS, on April 10, 2012, the Planning Commission held a duly noticed public hearing on
the proposed project and the Mitigated Negative Declaration, accepting all oral and written public
testimony and the written report of the Department of Community Development. On a 6-0-1 vote
(Commissioner Colin absent), the Planning Commission adopted Resolution No. 12-03 recommending to
the City Council adoption of the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program; and
WHEREAS, notices regarding the project, including the Mitigated Negative Declaration
prepared for this project, were published in the Marin Independent Journal on Saturday, May 19, 2012, a
local newspaper of general circulation in the area; and
WHEREAS, on May 18, 2012, public notices were mailed to surrounding property owners and
residents within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations
and special interest groups pursuant to CEQA Guidelines Section 15072; and
WHEREAS, the site was also posted with a public hearing notice board for a 15 day period in
advance of the June 4, 2012 public hearing; and
WHEREAS, on June 4, 2012, the City Council held a duly noticed public hearing on the
proposed project and the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, accepting all public testimony and the written report of the Department of Community
Development.
WHEREAS, the City has not received any comments on the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program from public agencies, utilities, organizations, special
interest groups and persons who have reviewed the Initial Study/Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby
adopts the Mitigated Negative Declaration and approves the Mitigation Monitoring and Reporting
Program as presented in Exhibit "A" based on the findings that:
a) The City Council exercised its independent judgment in evaluating the Mitigated Negative
Declaration and the Mitigated Negative Declaration has been considered in conjunction with
comments received during the public review period and at the Planning Commission and City
Council hearings. Based on this review, the City Council has determined that: 1) there is no
substantial evidence that the project will have a significant impact on the environment; and 2)
revisions have been made to the project and have been included in the project as mitigation
measures which reduce the potential impacts to Air Quality and Cultural Resources to a less -
than -significant level.
b) A Mitigation Monitoring and Reporting Program has been prepared to ensure implementation
of and compliance with all measures required to mitigate all impacts to a less -than -significant
level.
I, Esther C. Beirne, 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 City Council of the City of San Rafael,
held on Monday, the 4`h of June, 2012, by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk
Exhibit "A" Mitigation Monitoring and Reporting Program