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