HomeMy WebLinkAboutCC Resolution 12628 (Mt. Tamalpais Cemetery)RESOLUTION NO. 12628
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A
MITIGATED NEGATIVE DECLARATION FOR: 1) AN
ANNEXATION/PREZONING TO PLANNED DEVELOPMENT (PD) DISTRICT
(AX07-001), MASTER USE PERMIT (UP08-031) AND ENVIRONMENTAL AND
DESIGN REVIEW PERMIT (ED07-010) TO APPROVE A 50 -YEAR MASTER
PLAN FOR THE MT. TAMALPAIS CEMETERY THAT WOULD PERMIT
CONSTRUCTION OF 22 NEW MAUSOLEUMS, EXPANSION OF THE
EXISTING 1,060 SQUARE FOOT, ONE-STORY OFFICE BUILDING TO A 8,400
SQUARE FOOT TWO-STORY CHAPEL/OFFICE BUILDING AND NEW
PARKING, ROAD AND LANDSCAPE IMPROVEMENTS LOCATED ON A 56.8 -
ACRE SITE AT 2500 FIFTH AVENUE; APN: 177-240-03; AND 2) A CITY -
INITIATED REQUEST TO PREZONE THREE CONTIGUOUS DEVELOPED
PROPERTIES TO SINGLE-FAMILY RESIDENTIAL (R-5) DISTRICT
LOCATED AT 2450, 2452 AND 2468 FIFTH AVENUE; APN: 010-351-07 (2450
FIFTH AVENUE); 010-351-17 (2452 FIFTH AVENUE); AND 010-351-18 (2468
FIFTH AVENUE)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on February 6, 2007, applications for an Annexation/Prezoning and
an Environmental and Design Review Permit were received by the Community
Development Department requesting approval to approve a 50 -year Master Plan for Mt.
Tamalpais Cemetery located at 2500 Fifth Avenue, and on September 20, 2007, the
Annexation/Prezoning and Environmental and Design Review Permit applications were
deemed complete for processing; and
WHEREAS, consistent with the San Rafael Municipal Code provisions for
establishing a PD District, in August 2008, a Master Use Permit application was filed to
accompany the other planning applications; and
W l 1EREAS, consistent with State law requirements, Marin Local Agency
Formation Agency (LAFCO) policy and San Rafael General Plan 2020 Policy LU -6
(Annexation), in June 2008 the City of San Rafael initiated Annexation/Prezoning
applications for three contiguous, developed properties located adjacent to the Cemetery
site. The property owners of these contiguous parcels were provided written notification
of the City -initiated annexation/prezoning process in a letter dated June 16, 2008; and
WIIEREAS, consistent with the requirements of the California Environmental
Quality Act (CEQA), an Initial Study was prepared to analyze the potential
environmental impacts of the Cemetery project and the three, contiguous developed
parcels. The Initial Study determined that the project would result in potentially
significant impacts associated with Cultural Resources and Geology. 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. Adoption of a Mitigated Negative Declaration is recommended; and
WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring
and Reporting Program has been prepared to set forth the implementation of the project
mitigation measures provided in the Mitigated Negative Declaration (Attachment A); and
WIIEREAS, 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, organizations and
special interest groups pursuant to CEQA Guidelines Section 15072; and
WHEREAS, copies of the Mitigated Negative Declaration were made available
for a 20 -day review period by pertinent agencies and interested members of the public,
commencing on July 9, 2008; and
WHEREAS, on July 29, 2008 and August 26, 2008, the Planning Commission
held duly noticed public hearings 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, TI IEREFORE, BE IT RESOLVED, that the City Council of the City of
San Rafael does hereby adopt the Mitigated Negative Declaration and approve the
Mitigation Monitoring and Reporting Program as presented in Attachment "A" based on
the findings that:
1. The City Council exercised its independent judgment in evaluating the Mitigated
Negative Declaration and 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 and Geology 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.
I, 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 1 st day of December 2008, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ESTHER C. BEIRNE, City Clerk
Attachment A — Mitigation Monitoring and Reporting Program