HomeMy WebLinkAboutResolution No. 6513 (Final EIR Tiscornia Marina)RESOLUTION NO. 6513 -=-~=----
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
CERTIFYING THE FINAL EIR FOR THE TISCORNIA
MARINA PROJECT
WHEREAS, iN September 1981, zone change and use permit
applications were filed for the subject property; and
WHEREAS, pursuant to the California Environmental
Quality Act, an environmental impact report was prepared to
review the potential impacts, mitigation measures, and alternatives
for the proposed project; and
WHEREAS, in November 1982, the applicant withdrew the
zone change and use permit applications for marina development of
the site, yet requested that the City certify the Final EIR, and
WHEREAS, on November 9, 1982, the Planning Commission
determined that the EIR should be set aside (not certified) for
the time being until the project is resubmitted; the decision was
appealed to the City Council; and the City Council referred the
item back to the Planning Commission for further review; and
WHEREAS, on March 15, 1983, the Planning Commission
reviewed the Final EIR recommending to the City Council certifi-
cation of the documents; and
WHEREAS, on April 4, 1983, the City Council reviewed
the Final EIR and made the following findings of fact:
(1) The Environmental Impact Report has been prepared
in accordance with the California Environmental Quality Act. The
necessary procedure requirements for processing an EIR have been
completed. Consultation and public hearings have been held to
determine the scope of potential environmental impacts. The draft
EIR was circulated for a public review period. All oral and
written comments have been responded to.
(2) The content of the final EIR is consistent with the
California Environmental Quality Act. The EIR addresses those
environmental issues that were addressed as part of consultations
and a public hearing on the initial study. The EIR identifies the
potential environmental impacts of the proposed project, mitigation
measures, and alternatives.
133 f. ' .' II
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(3) The EIR concludes that all but two potential impacts
could be mitigated through project redesign. Unavoidable adverse
impacts include the permanent loss of mudflat and intertidal
habitat, and a decrease in water quality within the marina basin.
The EIR specifically concludes that, based on all related facts
and evidence identified, the permanent loss of mudflat and inter-
tidal habitat can only be partially mitigated with offsite compen-
sation. The EIR concludes that of the three alternatives evaluated
(design refinement of the marina, a reduced marina of 300 berths,
and an expansion of other marinas or alternative marina locations
for new marina construction [no project]), the "no project" would
be the only alternative that would fully eliminate the unavoidable
impacts of the project.
(4) Given that the project would result in two unavoid-
able adverse impacts, the California Environmental Quality Act
requires findings for overriding considerations. Although there
are no current applications, the project, as proposed, creates
significant adverse impacts that cannot be mitigated to acceptable
levels. The only identified potential overriding consideration is
the need for additional berths. Since this need could be met at
other less sensitive sites, it does not provide good justification
for a statement of overriding concern. Furthermore, given the
information provided by the applicant, the conclusions of the EIR,
and staff analysis, no other reasonable overriding considerations
have been formulated.
(5) Although the EIR as prepared is adequate for the
Tiscornia Marina proposal, circumstances may change if new appli-
cations are filed in the future. Therefore, any new application
will require preparation of a new environmental initial study. At
that time, it would be determined if this EIR is adequate; if
supplements or amendments to this ErR would be sufficient; or if a
new environmental document is necessary.
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RESOLUTION NO. 65i3 -------
NOW, THEREFORE, BE IT RESOLVED that the San Rafael
City Council certifies the Final EIR as prepared for the
Tiscornia marina.
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 Council of said
City on Monday ,the 4th day of __ A~p~r_l_·l ____ , 1983, by the
following vote, to wit:
AYES: COUNCILMEMBERS:Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
ABSTAINED: COUNCILMEMBERS: Breiner
~A~ JE~ONClNIJCitYCleik
26 A/21
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