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HomeMy WebLinkAboutCC Resolution 9264 (Northview Townhouse Project)RESOLUTION NO. 9 2 6.4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE NORTHVIEW CONDOMINIUM/TOWNHOUSE PROJECT; End of Professional Center Parkway; Tarrant -Bell, owners; Eklund and Zak, Architects, representative; AP 155-050-03 & 04. WHEREAS, an application for a 40 -Unit Condominium/Townhouse project for 13.1 acres of an 19.5 acre site owned by Tarrant -Bell at the end of Professional Center Parkway along with the required applications for a zone change from PD (Planned Development) to a new PD zone for the entire site with new development standards (Z89-8); a Use Permit for development in the PD Zone (UP89-43); an Environmental and Design Review Permit (ED89- 55); and a Tentative Subdivision Map (TS90-5) were filed with the City of San Rafael; and WHEREAS, an Initial Study was prepared by the City of San Rafael which showed that the proposed 40 -Unit Condominium/ Townhouse project might produce significant environmental effect on the oak woodland and adjacent wetland areas and that an EIR would be required for the project; and WHEREAS, on February 12, 1991, the San Rafael Planning Commission held a duly noticed public hearing at which they accepted public testimony, and provided additional comments on the Initial Study and approved a scope of work for the preparation of a Draft Environmental Impact Report; and WHEREAS, a draft EIR entitled Draft Environmental Impact Report, Northview Townhouse Project, was prepared by Environment Science Associates, Inc. (ESA) pursuant to the scope of work; and WHEREAS, a Notice of Completion of a Draft EIR and copies of the Draft EIR were delivered to the State Clearinghouse (State Clearinghouse Number 91063061) and the Draft EIR was circulated for a duly noticed 45 -day public review period which began on August 12, 1993 and ended on September 28, 1993; and WHEREAS, a Public Notice of Availability and Public Hearing for the Draft EIR was mailed on August 13, 1993 to property owners within a 300 foot radius of the project site, all appropriate City of San Rafael Neighborhood Associations, Marin County environmental groups, all applicable state and local agencies and other interested persons who requested information on the project and copies of the notice were duly posted and published; and WHEREAS, copies of the Draft EIR were made available at the Planning Department, the San Rafael City Library, and the Marin County Library and copies of the Draft EIR were also distributed to local environmental groups; and WHEREAS, written comments on the Draft EIR during the comment period were received from the following agencies, and groups: Marin Audubon Society; Contempo Marin Homeowners Association; California Department of Fish and Game and the Marin Conservation League; and WHEREAS, the draft EIR was reviewed at a duly noticed public hearing by the Planning Commission on September 28, 1993 at which time the Commission accepted both oral testimony and additional written comments on the Draft EIR and directed staff to prepare a draft final EIR document; and WHEREAS, ESA, Inc. prepared responses to each comment received during the public review period and at the public hearing held by the Planning Commission and included all comments and responses in a bound document entitled, Environmental Impact Report, Response to Comments Addendum, Northview Townhouse Project, dated November 30, 1993; and WHEREAS, ESA Inc. also incorporated any responses which included text changes to the EIR into a bound document entitled Draft Final Environmental Impact Report, Northview Townhouse Project; and WHEREAS, CEQA Guidelines Section 15089(b) states that an opportunity for review of the draft Final EIR by the public and by commenting agencies may be provided, these two documents were made available for public review beginning on November 30, 1993 and ending on January 11, 1994; and WHEREAS, copies of the documents were distributed to the Planning Commission, mailed to State Agencies which commented on the Draft EIR, distributed to local environmental groups, placed in the San Rafael City Library and the Marin County Library and made available in the Planning Department; and WHEREAS, public notice of the public hearing to review the documents was duly mailed to property owners within 300 feet of the site, all interested persons who asked to be notified, and published in the newspaper; and WHEREAS, on January 11, 1994 the Planning Commission held a public hearing to review the draft Final EIR and Response to Comments addendum in conjunction with a staff report which discussed the adequacy of the draft Final EIR and outlined changes to the EIR that had been made in response to comments and focused on the following EIR issues: setback from wetland areas, emergency access/pedestrian and bicycle use, impacts to trees, impacts to isolated wetlands and stormwater drainage management; and WHEREAS, following its review of these documents and the public comments received, the Planning Commission requested ESA Inc. respond to comments made at the hearing; and WHEREAS, the Planning Commission reviewed and considered this testimony in conjunction with the Environmental Impact Report, Draft Response to Comments Addendum, Northview Townhouse Project, dated November 30, 1993 and the Draft Final Environmental Impact Report, Northview Townhouse Project and voted to recommend certification of the EIR to the City Council; and WHEREAS, for any project on which the City Council has discretionary approval, the City Council must certify the environmental document and the rezoning for the Northview Townhouse Project requires the approval of the City Council; and WHEREAS, on December 5, 1994 the City Council held a public hearing to review the draft Final EIR and Response to Comments addendum in conjunction with staff reports and all correspondence received regarding the adequacy of the draft Final EIR. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael certifies the Final EIR for the project consisting of the Environmental Impact Report, Draft Responses to Comments Addendum, Northview Townhouse Project, dated November 30, 1993 and the Draft Final - 2 - Environmental Impact Report, Northview Townhouse Project and Planning Commission Resolution No. 94-5. BE IT FURTHER RESOLVED, that the City Council has exercised its independent judgment in evaluating the Final EIR and makes the following determinations and findings related to certification of the Final EIR: 1. The City Council finds that the Final EIR fully complies with CEQA requirements for consultation and public review based on the following facts and analysis: A. The Notice of Preparation for the EIR, the draft EIR, and the Final EIR were duly made available to the public and all trustee and responsible agencies through noticing, publication and posting. Copies of the documents were available in libraries and the Planning Department. 2. The City Council finds that the Final EIR fully complies with CEQA requirements that written responses be prepared on all comments received from persons who reviewed the Draft EIR based on the following facts: A. The Environmental Impact Report, Draft Responses to Comments Addendum, dated November 30, 1993 and the Draft Final Environmental Impact Report, Northview Townhouse Project contain all letters received during the public comment period and the transcript of all testimony received at the public hearing. Each and every comment has been numbered and a response has been prepared to each environmental issue. B. Comments received at the January 11, 1994 Planning Commission and the December 5, 1994 City Council public hearings on the draft final EIR were responded to by the consultant and responses are contained in the minutes of the meeting. 3. The City Council finds that the FEIR adequately assesses impacts to the environment based on the following facts and analysis: A. The FEIR contains a detailed description of the environmental resources on the site prepared by ESA, Inc., a firm with expertise in native plant and wetland environments. The FEIR analyzes the significance of the proposed project on the natural environment of the site. Potential significant impacts of the project and potential mitigation measures are outlined. 4. The City Council finds that the FEIR adequately assesses urban design and visual impacts based on the following facts and analysis: A. The FEIR contains photos showing the existing site conditions and photomontages which illustrate site views after completion of the proposed project. The FEIR notes that the project would alter the existing visual character of the site. the changes would be evident in medium range, and short range views from elevated viewpoints to the west, north, and east of the project site. This is not considered to be a significant impact. 5. The City Council finds that the FEIR adequately assesses Project Alternatives based on the following facts and analysis: A. The FEIR contains a range of alternatives which is reasonable. It analyzes the following alternatives: No Project; 34-Units/50 Foot Wetland Setback; and 36-Units/75 Foot Wetland Setback; The FEIR discusses these alternatives - 3 - in great detail. An EIR need not consider alternatives whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council hereby finds that the Final Environmental Impact Report for the Northview Townhouse Project has been completed in compliance with CEQA and certifies the document. 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 said City held on Monday, the 5th day of December, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, zappetini. & Mayor Baro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEONCINI, City Clerk _M