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HomeMy WebLinkAboutCC Resolution 11468 (Residental/Office 1800 Fifth Ave)RESOLUTION NO. 11468 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT AND REZONING FROM HIGH DENSITY RESIDENTIAL TO RESIDENTIAL/OFFICE AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR COMPLETION OF THE PREVIOUSLY APPROVED RESTORATION OF THE HISTORIC IMPROVEMENT CLUB BUILDING, AND INSTALLATION OF ADDITIONAL PARKING AREAS, LIGHTING AND LANDSCAPING AT 1800 FIFTH AVENUE (APN 010-291-16) (FORMER SAN RAFAEL IMPROVEMENT CLUB PROPERTY) WHEREAS, on April 7, 2003, General Plan Amendment, Rezoning, and Environmental and Design Review Permit applications were received by the Community Development Department requesting approval of conversion of the existing building to professional offices and associated parking and landscaping improvements, and on July 23, 2003, 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 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 500 feet, pertinent agencies (including 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 20 - day review period by pertinent agencies and interested members of the public, commencing on October 23, 2003; and WHEREAS, on November 12, 2003, 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 on a 6-0-0-1 vote recommended to the City Council adoption of the Mitigated Negative Declaration; and WHEREAS, on December 15, 2003, 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. an G"'NA �y�`� NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program as presented in Attachment "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 City Council hearing. Based on this review, the 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, JEANNE M. LEONCM, 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 15'h of December, 2003, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None let-u-•�- A. JEAM4E M. LEONCM, City Clerk Attachments: (A) Mitigation Monitoring and Reporting Program