HomeMy WebLinkAboutCC Resolution 11118 (Alma Via Assisted Living)RESOLUTION NO. 11118
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED
NEGATIVE DECLARATION FOR THE ALMA VIA OF SAN RAFAEL
DEVELOPMENT PROPOSED AT 515 NORTHGATE DRIVE
(APN 175-060-51, -52, -53 and -54)
WHEREAS, on October 3, 2001, the Elder Care Alliance applications for a
Master Use Permit (UPO1-46) and an Environmental and Design Review Permit (ED01-
117) to allow the construction of a 137 -unit, 120,141 -square -foot assisted living facility
were submitted, and were subsequently deemed complete for processing on January 18,
2002; and
WHEREAS, on April 10, 2002, applications for a General Plan Amendment
(GPA02-02) to change the existing Office land use designation to a High Density
Residential designation and a Rezoning (ZCO2-02) to change the existing Office (0)
District to a Planned Development (PD) District were submitted, and were subsequently
deemed complete for processing on May 3, 2002; 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/Mitigated Negative Declaration was
prepared, finding that the proposed project would not result in significant environmental
effects; 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, a notice regarding the Initial Study/Mitigated Negative Declaration
prepared for this project were: a) published in a local newspaper of general circulation in
the area; b) mailed to surrounding property owners within 300 feet; and c) mailed to
pertinent agencies (including responsible and trustee agencies), organizations and special
interest groups; 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 April 24, 2002; and
WHEREAS, the custodian of documents which constitute the record of
proceedings upon which this decision is based is the Community Development
Department; and
WHEREAS, on May 14, 2002, the Planning Commission held a duly -noticed
public hearing on the proposed Initial Study/Mitigated Negative Declaration and accepted
public testimony and the written report of the Community Development Department and
Adopted Resolution No.02-29 recommending City Council approval of the Mitigated
Negative Declaration; and
WHEREAS, on June 17, 2002, the City Council held a duly -noticed public
hearing on the Mitigated Negative Declaration, accepting 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 Mitigated Negative Declaration and the Mitigation
Monitoring and Reporting Program as presented in Exhibit "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 City
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;
and
b) A Mitigation Monitoring and Reporting Program has been prepared to ensure
implementation of and compliance with all measures required to mitigate all
environmental impacts to less -than -significant levels.
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 the City of San Rafael, held on Monday, the seventeenth day of
June, 2002, by the following vote, to wit:
AYES: Councilmembers: Heller, Miller, & Phillips, Mayor Pro tem
NOES: Councilmembers: None
ABSENT: Councilmembers: Vice -Mayor Cohen & Mayor Boro
JEANNE-M. LEONCINI, City Clerk
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