HomeMy WebLinkAboutCC Resolution 12556 (Convert Magnolia House)RESOLUTION NO. 12556
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING
A MITIGATED NEGATIVE DECLARATION FOR A GENERAL
PLAN AMENDMENT (GPA07-005), A ZONE CHANGE FROM
LARGE LOT RESIDENTIAL (R -1A) TO PLANNED
DEVELOPMENT (PD) (ZC07-003), AN AMENDMENT TO AN
APPROVED MASTER USE PERMIT (UP07-063) AND AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07-102)
TO CONVERT MAGNOLIA HOUSE LOCATED AT 226
MAGNOLIA AVENUE FROM RESIDENTIAL USE TO
UNIVERSITY ADMINISTRATIVE OFFICE USE AND TO PROVIDE
A HANDICAP ACCESS TO THE HOUSE AND ASSOCIATED
PARKING AND ACCESS IMPROVEMENTS
(APN: 015-121-10)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on December 14, 2007, Dominican University submitted
applications for a General Plan Amendment, Zone Change, Amendment to the University
Master Use Permit and an Environmental and Design Review Permit to the Community
Development Department requesting approval to convert the residential use of Magnolia
House to University administrative office use, to modify the rear porch to provide a
handicap access ramp and associated parking and access improvements at 226 Magnolia
Avenue, and on June 2, 2008, the 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 analyzed potential
environmental impacts of the project and identified potentially significant impacts for
Cultural Resources. The project impacts would be mitigated to less -than -significant
levels through implementation of recommended mitigation measures or through
compliance with recommended conditions of project approval; and
WIIEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring
and Reporting Program has been prepared to implement the project mitigation measures
provided in the Mitigated Negative Declaration (Attachment A); and
WHEREAS, the subject site was posted with a public notice regarding the
Mitigated Negative Declaration prepared for this project and notices regarding the
Mitigated Negative Declaration prepared for this project were mailed to surrounding
property owners and occupants within 500 feet, pertinent agencies (including State and
local responsible and trustee agencies), organizations and special interest groups pursuant
to CEQA Guidelines Section 15072; and
WHEREAS, copies of the Mitigated Negative Declaration were made available
for a 30 -day review period by pertinent agencies and interested members of the public,
commencing on June 13, 2008; and
WHEREAS, on July 15, 2008, 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, by adoption of separate resolutions, the Planning Commission has
recommended approval of the applications for a General Plan Amendment, Zone Change,
Amendment to the University Master Use Permit and an Environmental and Design
Review Permit to the City Council, and
WHEREAS, the Planning Commission recommended to the City Council
adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program by adopting Resolution No. 08-08; 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 does hereby adopt the Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program as presented in Attachment "A" based on the findings
that:
The City Council exercised its independent judgment in evaluating the
Mitigated Negative Declaration and it has been considered in conjunction with
comments received during the public review period and at public hearings.
Based on this review, the City Council has determined the project would
result in less -than -significant impacts to Cultural Resources with
incorporation of recommended mitigation measures or through compliance
with recommended conditions of project approval.
2. A Mitigation Monitoring and Reporting Program 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.
1, Esther C. Beirne, City Clerk of the City of San Rafael, hereby certify that the forgoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council held Monday the 18`x' day of August 2008, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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ESTHER C. BEIRNE, City Clerk
Attachment A — Mitigation Monitoring and Reporting Program