HomeMy WebLinkAboutCC Resolution 14961 (Spinnaker Point Drive Parking Modification Project)1
RESOLUTION NO. 14961
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ADOPTING THE MITIGATED NEGATIVE DECLARATION AND ASSOCIATED
MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SPINNAKER
POINT DRIVE PARKING MODIFICATION PROJECT, CITY PROJECT NO. 11363
WHEREAS, the City desires to create additional on-street public parking along
Spinnaker Point Drive and has prepared a conceptual design under City Project No.
11363; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA)
Guidelines, it was determined that, for purposes of CEQA, the improvements are defined
as a “project” subject to environmental review; and
WHEREAS, pursuant to CEQA Guidelines Section 15063, an Initial Study was
prepared to determine the potential environmental impacts of the Project; and
WHEREAS, in preparing the Initial Study, an offer of tribal consultation was made
to the local Native American Tribe (Federated Indians of Graton Rancheria) consistent
with Public Resources Code Sections 21080.3.1; and
WHEREAS, on April 8, 2021, the Federated Indians of Graton Rancheria (FIGR)
responded to the offer of consultation requesting additional information on the project;
and
WHEREAS, as demonstrated in the preparation of the Initial Study, the proposed
Project would result in a number of potentially significant environmental impacts for which
mitigation is recommended to reduce these impacts to a less-than-significant level; and
WHEREAS, consistent with CEQA Guidelines Section 15070, the Initial Study
supports and recommends the adoption of a Mitigated Negative Declaration; and
WHEREAS, pursuant to CEQA Guidelines Section 15073, on May 24th, 2021, the
City published a Notice of Public Hearing and Intent to Adopt the Initial Study/Mitigated
Negative Declaration which was made available for a 30-day public review period. The
formal public review period closed on June 22nd, 2021 with the City receiving no public
comments; and
2
WHEREAS, on August 2, 2021, the City Council held a duly noticed public hearing
to review the Initial Study/Mitigated Negative Declaration and MMRP and considered all
oral and written public testimony; and
WHEREAS, the custodian of documents which constitute the record of
proceedings upon which this decision is based, is the City Clerk;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby adopts the Mitigated Negative Declaration for the Spinnaker Point Drive
Parking Modification Project, City Project No. 11363, based on the following findings:
1. The Initial Study/Mitigated Negative Declaration has been prepared in accordance
with CEQA, the CEQA Guidelines, and the provisions of the City of San Rafael
Environmental Assessment Procedures Manual. Further, in preparing the Initial
Study/Mitigated Negative Declaration, the City followed the steps and procedures
required by Public Resources Code Sections 21080.3 and 21080.3.2 (AB 52) by
offering and completing tribal consultation with the local Native American Tribe
(Federated Indians of Graton Rancheria). As a result of this consultation, mitigation
measures required to address potential archaeological resources have been
incorporated into the Mitigated Negative Declaration.
2. As prescribed by CEQA Guidelines Section 15073, a public review period of a
minimum of 30 days was observed for public comment (30-days observed
commencing on May 24th, 2021 and closing on June 22nd, 2021).
3. The Mitigated Negative Declaration has been presented to the City Council, who
has reviewed and considered the information in the Initial Study for adopting a
Mitigated Negative Declaration. Further, the City Council finds that the Initial Study
is adequate and complete to support the adoption of a Mitigated Negative
Declaration.
4. The City Council has exercised its independent judgment in evaluating the Initial
Study and has considered the comments received during the public review period
3
and public hearing. Based on this review, the City Council has determined that
revisions have been made to the Project or have been included in the Project as
conditions of approval which reduce the potentially significant impacts related to
biological resources, cultural resources, hazards and hazardous materials, noise,
and air quality for which mitigation measures are required;
I, LINDSAY LARA, 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 the 2nd day of August 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
File No.: 16.01.293