HomeMy WebLinkAboutCC Resolution 12838 (45 Happy Ln.)RESOLUTION 12838
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR THE RESIDENTIAL
REZONE AND TWO -LOT SPLIT PROJECT AT 45 HAPPY LANE;
APN 010-011-53
WHEREAS, on March 21, 2008, applications were submitted by James
and Barbara Breitmayer to the Community Development Department requesting
approval of a rezoning (ZC08-001), two -lot subdivision (S08-004) and related
entitlements (ED09-015, EX09-005) for a 4.24 acre single-family residential
property at 45 Happy Lane, and the applications were subsequently deemed
complete for processing; 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; 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 a local newspaper of general
circulation in the area and mailed to surrounding property owners within 300
feet, pertinent agencies (including responsible and trustee agencies),
organizations and special interest groups pursuant to CEQA Guidelines Section
15072; 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 August 3, 2009; and
WHEREAS, on August 25, 2009, 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; and
WHEREAS, the Planning Commission recommended a correction be
made to the environmental document to accurately note that the two historic barn
structures on the property are listed on the local historical survey but are not
listed on the California Register of Historical Resources, and concluded that this
factual correction would not alter the environmental determination (under
Aesthetics Section I.A.b) that this project would have less -than -significant
impacts to scenic historic building resources. The correction has been made by
staff on page 17 of the MND; and
WHEREAS, on September 21, 2009, the City Council 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; 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 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 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 21St of
September, 2009, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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Esther C. Bierne, City Clerk