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HomeMy WebLinkAboutCC Resolution 11194 (Jaleh Estates Residential)RESOLUTION NO. 11194 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE JALEH ESTATES RESIDENTIAL DEVELOPMENT PROPOSED OFF LUCAS VALLEY ROAD WEST OF U.S. HIGHWAY 101 (APN 165-220-15) WHEREAS, on November 6, 1998, Hassan Sabbaghian of Kerend, Inc. submitted applications to the City of San Rafael requesting approval of a Rezoning, Vesting Tentative Map and Environmental and Design Review Permit to create four lots for four detached single-family homes; 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 in that revisions to the project have been made or agreed to by the project proponent and conditions have been placed on the project to mitigate potential adverse impacts; and WHEREAS, consistent with the provisions of CEQA, a Mitigation Monitoring and Reporting Program (revised) (Attachment "A") has been prepared to implement the project mitigation measures and to accompany the Mitigated Negative Declaration; and WHEREAS, notices regarding the Initial Study/Mitigated Negative Declaration prepared for this project were: a) published in a local newspaper of general circulation in the area; and b) mailed to surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee agencies), organizations and special interest groups; and WHEREAS, copies of the Initial Study/Mitigated Negative Declaration were made available for a 20 -day review period by pertinent agencies and interested members of the public, commencing on September 4, 2002; and WHEREAS, on September 24, 2002, the Planning Commission held a public hearing on the proposed Initial Study/Mitigated Negative Declaration, accepting all oral and written public testimony and the written report of the Department of Community Development; and WHEREAS, on September 24, 2002, the Planning Commission adopted Resolution No. 02-46 recommending City Council approval of the Mitigated Negative Declaration; and WHEREAS, on October 21, 2002, the City Council held a public hearing on the Mitigated Negative Declaration, accepting all oral and written public testimony and the written report of the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does hereby adopt the Mitigated Negative Declaration and approves the 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 City Council has determined that the Mitigated 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, revisions have been made to the project and have been included in the project as mitigation measures which reduce the potential impacts to less -than -significant levels, and a Notice of Intent to adopt the Mitigated Negative Declaration has been completed pursuant to state law; and 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 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 21St of October, 2002, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Miller JE M. LEONCINI, City Clerk