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HomeMy WebLinkAboutCC Resolution 11396 (374 Margarita Drive)RESOLUTION NO. 11396 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A NEGATIVE DECLARATION FOR A REZONING (ZCO2-003), VESTING TENTATIVE MAP FOR A TWO -LOT SUBDIVISION OF A 13.88 -ACRE PARCEL (S02- 007), AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-032) TO ALLOW THE CONSTRUCTION OF A 6,500 -SQUARE -FOOT SINGLE-FAMILY HOME AT 374 MARGARITA DRIVE (APN 015-250-56) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT: WHEREAS, on June 20, 2002, applications for a Rezoning from Planned Development (PD) District to a revised PD District with specific single-family development standards, a Vesting Tentative Map for a two -lot subdivision, and an Environmental and Design Review Permit, to allow the construction of a 6,500 -square -foot single-family home were submitted to the Community Development Department, and on May 29, 2003, the applications were deemed complete for processing; and WHEREAS, consistent with the requirements of the California Environmental Quality Act (CEQA) and the City of San Rafael Environmental Assessment Procedures Manual, an Initial Study/Negative Declaration was prepared finding that the proposed two -lot subdivision and construction of a 6,500 square -foot single-family home would not result in significant environmental effects; 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 surrounding property owners within 300 feet, pertinent agencies, organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and WHEREAS, copies of the Initial Study/Negative Declaration were made available for a 20 -day review period by pertinent agencies and interested members of the public, commencing on June 4, 2003; and WHEREAS, on June 24, 2003, the Planning Commission held a public hearing on the proposed project and Initial Study/Negative Declaration and recommended adoption of the Negative Declaration; and WHEREAS, on August 4, 2003, the City Council held a public hearing on the proposed project and Initial Study/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. ORIGINL 00 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby adopts the Negative Declaration based on the finding that: a) The City Council exercised its independent judgment in evaluating the Negative Declaration and has been considered in conjunction with comments received during the public review period and at the City Council hearing. Based on this review, the City Council has determined that there is no substantial evidence that the project will have a significant impact on the environment. I, JEANNE M. LEONCM, 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 4th day of August, 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None None " I- JEM4NE M. LEONCINI, City Clerk