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HomeMy WebLinkAboutCC Resolution 10411 (Fernwood Estates Negative Declaration)RESOLUTION 10411 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING THE NEGATIVE DECLARATION FOR A PLANNED DEVELOPMENT DISTRICT (ZC98-3), VESTING TENTATIVE MAP (TS98-2), MASTER USE PERMIT (UP98-38) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED98-107) FOR SIX SINGLE FAMILY RESIDENTIAL LOTS (FERNWOOD ESTATES) End of Fernwood Way and Fernwood Drive (AP NO. 185-030-01) WHEREAS, on December 2, 1998, applications requesting a Vesting Tentative Subdivision (TS98-2), Master Use Permit (UP98-38) and an Environmental and Design Review Permit (ED98-107) for six single family residential lots were found by the Community Development 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 13, 1999 the San Rafael Planning Commission held a duly noticed Public Hearing on the Negative Declaration for the proposed Planned Development Zoning District, Vesting Tentative Subdivision, Master Use Permit and the Environmental and Design Review Permit applications, accepting public testimony and the written report of the Community Development 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 Notice 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, WHEREAS, on May 17, 1999 the San Rafael City Council held a duly noticed Public Hearing on the Negative Declaration for the proposed Zone Change, Vesting Tentative Map, Master Use Permit and Environmental and Design Review Permit applications, accepting public testimony and the written report of the Community Development Department staff; and, ORIGINAL \o�,, 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 Notice 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, Vesting Tentative Map, Master Use Permit and Environmental and Design Review Permit applications, for the development of six single family dwelling units located the end of Fernwood Way and Fernwood Drive has been completed in compliance with CEQA and adopts the document, including the Mitigation Monitoring Program. 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 Mondav the 17th day of May, 1999 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None A.- ANNE M. LEO CINI, City Clerk