HomeMy WebLinkAboutCC Resolution 13002 (Outdoor Nursery for Research)1;7 aT.Y�] 1CIy 11(x)►■�[��[�IIIIh.1
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR AMENDMENTS TO THE PLANNED DEVELOPMENT -HILLSIDE OVERLAY
(PD -H) DISTRICT ZONING (ZC10-001) AND TO AN APPROVED MASTER USE PERMIT (UP10-004)
AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED10-004)TO ALLOW THE
CONSTRUCTION AND OPERATION OF A TEMPORARY (THREE YEARS), 0.85 -ACRE,
SIMULATED COMMERCIAL OUTDOOR NURSERY TO RESEARCH PATHOGENS AND PESTS ON
ORNAMENTAL PLANT STOCK ON AN UNDEVELOPED, 18.73 -ACRE, FORESTED HILLSIDE
LOCATED AT THE EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE
(NATIONAL ORNAMENTAL RESEARCH SITE — DOMINICAN UNIVERSITY CAMPUS AT DEER
PARK OR NORSDUC)
(APN: 015-163-03)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on January 13, 2010, Dominican University of California (Dominican University) submitted
applications for Amendment to the existing Planned Development -Hillside Overlay (PD -H) District zoning (ZC10-
001) and the approved Master Use Permit (UP10-004) and an Environmental and Design Review Permit (ED10-
004) to the Community Development Department, requesting approval to allow the construction and operation of a
temporary (three years), .85 -acre, simulated commercial outdoor nursery to research pathogens and pests on
ornamental plant stock on an undeveloped, 18.73 -acre, forested hillside located at the eastern terminus of Magnolia
Avenue at Deer Park Avenue (National Ornamental Research Site Dominican University campus at Deer Park or
NORSDUC); and
WHEREAS, the project proposes site improvements including the installation of raised planting beds, a
drip -irrigation and drainage system, perimeter solid wood fencing and interior chain-link fencing, a modular
office/restroom unit, street front landscaping, and the extension of service utilities; and
WHEREAS, on May 7, 2010, the project applications were deemed complete for processing; and
WHEREAS, consistent with the requirements of the California Environmental Quality Act (CEQA), an
Initial Study/Mitigated Negative Declaration (MND) was prepared, analyzing the potential environmental impacts of
the project and identifying potential significant environmental impacts on air quality (minor grading), biological
resources (tree removal; raptor nesting), cultural resources (unknown archaeological finds or human remains),
geology (grading), greenhouse gas emissions (temporary construction), hydrology and water quality (erosion
control), and noise (temporary construction, emergency back-up generator). All project impacts would be mitigated
to less -than -significant levels through the implementation of recommended mitigation measures or through
compliance with recommended conditions of project approval; and
WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program
(MMRP) has been prepared to implement the project mitigation measures provided in the IS/MND (Attachment A);
and
WHEREAS, the study area was posted with a public notice regarding the MND prepared for the project
and notices regarding the MND prepared for the project were mailed to surrounding property owners and occupants
within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest
groups pursuant to CEQA Guidelines Section 15072; and
WHEREAS, copies of the MND were made available for a 20 -day review period by pertinent agencies and
interested members of the public, commencing on May 24, 2010; and
WHEREAS, on June 15, 2010, the Planning Commission held a duly noticed public hearing on the
proposed project and the MND and accompanying MMRP, accepting all oral and written public testimony and the
written report of the Community Development Department, and, on a 5-0-2 vote, the Planning Commission adopted
Resolution No. 10-11, recommending to the City Council adoption of the MND and the MMRP; and
WHEREAS, on July 6, 2010, the City Council held a duly noticed public hearing to consider the MND and
accompanying MMRP and considered all oral and written public testimony and the written report of the Community
Development Department; and
WHEREAS, the custodian of documents which constitutes 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 does hereby
recommend adoption of the Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and
Reporting Program as presented in Attachment "A" based on the findings that:
The City Council has exercised its independent judgment in evaluating the Initial Study/Mitigated Negative
Declaration (MND), and has considered the comments received during the public review period and at the
Planning Commission hearing. Based on this review, it has been determined potentially significant impacts on
air quality (minor grading), biological resources (tree removal; raptor nesting), cultural resources (unknown
archaeological finds or human remains), geology (grading), greenhouse gas emissions (temporary construction),
hydrology and water quality (erosion control), and noise (temporary construction, emergency back-up
generator), resulting from the project can be mitigated to a less -than -significant level through the
implementation of recommended mitigation measures or through compliance with recommended conditions of
project approval. As required by CEQA Guidelines Section 15074, the project applicant has reviewed and
agreed to all of the recommended mitigation measures contained in the MND.
2. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared (Attachment A) for adoption to
ensure implementation of, and compliance with, all conditions required to mitigate any impact to a level of less -
than -significant.
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
Tuesday, the 6`h of July, 2010, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller
Esther C. Beirne, City