HomeMy WebLinkAboutCC Resolution 11525 (Wireless Communication Facilities)RESOLUTION NO. 11525
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED WIRELESS
COMMUNICATION FACILITIES ORDINANCE
(File No.: ZO03-006)
WHEREAS, in 2001, the City Council directed staff to prepare a
telecommunications ordinance for inclusion in the San Rafael Zoning Ordinance (Title
14) which is referred to herein as the Wireless Communication Facilities Ordinance; 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/Negative Declaration was prepared
for the proposed project, which found that the project would not result in any significant
effects on the environment and that no mitigation measures are necessary; and
WHEREAS, notices regarding the Negative Declaration prepared for this project
were published in a local newspaper of general circulation in the area and mailed to all
homeowners associations in San Rafael, interested citizens, pertinent agencies,
organizations and special interest groups pursuant to CEQA Guidelines Section 15072;
and
WHEREAS, copies of the Negative Declaration were made available for a 20 -day
review period by pertinent agencies and interested members of the public, commencing
on February 26, 2004; and
WHEREAS, on March 17, 2004, the Planning Commission held a public hearing
on the proposed Initial Study/Negative Declaration, and accepted all oral and written
public testimony and the written report of the Community Development Department
staff, and
WHEREAS, on March 17, 2004, the Planning Commission adopted Resolution
No. 04-08 recommending City Council approval of the Negative Declaration; and
WHEREAS, on April 5, 2004, the City Council held a public hearing on the
Negative Declaration, and accepted all oral and written public testimony and the written
report of the Department of Community Development.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael does hereby adopt the Negative Declaration based on the finding that:
The City Council exercised its independent judgment in evaluating the Negative
Declaration. The City Council considered the Negative Declaration along with
all of the information before it, including the Initial Study and all comments
received during the public review period and at the City Council hearing. Based
on this review, the City Council has determined that the Negative Declaration for
the project is consistent with the provisions of the California Environmental
Quality Act (CEQA) and in accordance with the City of San Rafael
Environmental Assessment Procedures Manual in that an Initial Study has been
prepared for the project which determined that there is no substantial evidence
that the project will have a significant impact on the environment and a Notice of
Intent to adopt the Negative Declaration has been completed pursuant to state
law.
I, JEANNE M. LEONCINI, 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 said City held on Monday, the 5t" day of April, 2004 by the
following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Phillips and Vice Mayor Miller
NOES: Councilmembers: None
ABSENT/
DISQUALIFIED: Councilmembers: Mayor Boro (due to conflict of interest)
JE M. LEONCENI, City Clerk
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