HomeMy WebLinkAboutCC Resolution 9605 (285 Smith Ranch Rd Use Permit)RESOLUTION 9605
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING
THE NEGATIVE DECLARATION FOR A ZONE CHANGE (ZC96-2),
TENTATIVE MAP (TS95-5), MASTER USE PERMIT (UP96-11), AND
ENVIRONMANTAL AND DESIGN REVIEW PERMIT (ED95-84) FOR
THE DEVELOPMENT OF NINE CLUSTERED SINGLE-FAMILY
RESIDENTIAL UNITS KNOWN AS SMITH RANCH COURT;
285 Smith Ranch Road;
(APN 155-251-86)
WHEREAS, on October 12, 1995, an application requesting an Environmental and Design
Review Permit for the above referenced project was found by the Planning Department to be
complete for processing; and,
WHEREAS, on January 16, 1996, an application requesting a Tentative Subdivision for the
above referenced project was found by the Planning Department to be complete for processing;
and,
WHEREAS, on February 14, 1996, applications requesting a Zone Change and Use Permit for
the above referenced project were found by the Planning Department to be complete for
processing; and,
WHEREAS, upon review of the subject applications, a mitigated Negative Declaration for the
project was prepared and made available for public review consistent with the requirements of
the California Environmental Quality Act (CEQA); and,
WHEREAS, on April 9, 1996 the San Rafael Planning Commission held a duly noticed Public
Hearing on the Negative Declaration for the proposed Zone Change, Tentative Map, Master Use
Permit and Environmental and Design Review Permit applications, accepting public testimony
and the written report of the Planning Department staff; and,
WHEREAS, for any project on which the City Council has discretionary approval, the City
Council must certify the environmental document and approve the project applications; and,
WHEREAS, the Planning Commission exercised its independent judgment in evaluating the
mitigated Negative Declaration and recommended to the City Council that the Negative
Declaration for the project is consistent with the provisions of CEQA in that an Initial Study has
been prepared on the project which determined that there is no substantial evidence that the
project will have a significant impact on the environment. Mitigation measures have been
attached to the project which reduce the potential impacts to a level of insignificance. Public
Notices of the intent to adopt the Negative Declaration has been done pursuant to state law. The
proposed Negative Declaration has been considered in conjunction with comments received
during the review period and at the Planning Commission public hearing; and,
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WHEREAS, on May 6, 1996 the San Rafael City Council held a duly noticed Public Hearing on
the Negative Declaration for the proposed Zone Change, Tentative Map, Master Use Permit and
Environmental and Design Review Permit applications, accepting public testimony and the
written report of the Planning Department staff; and,
WHEREAS, the City Council exercised its independent judgment in evaluating the mitigated
Negative Declaration and determined that the Negative Declaration for the project is consistent
with the provisions of CEQA in that an Initial Study has been prepared on the project which
determined that there is no substantial evidence that the project will have a significant impact on
the environment. Mitigation measures have been attached to the project which reduce the
potential impacts to a level of insignificance. Public Notices of the intent to adopt the Negative
Declaration has been done pursuant to state law. The proposed Negative Declaration has been
considered in conjunction with comments received during the review period and at the Planning
Commission public hearing.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby finds that
the Negative Declaration for the proposed Zone Change, Tentative Map, Master Use Permit and
Environmental and Design Review Permit applications, for the development of nine clustered
single family dwelling units located a 285 Smith Ranch Road has been completed in compliance
with CEQA and adopts the document, including the Mitigation Monitoring Program.
The foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the San Rafael City Council held on the 6`h day of May, 1996 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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A.
JE M. LEONCIN Ciry Clerk