HomeMy WebLinkAboutCC Resolution 10357 (General Plan Amendment)RESOLUTION NO. 10357
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
ADOPTING A NEGATIVE DECLARATION AND APPROVING
A GENERAL PLAN AMENDMENT CONSISTING OF TWO COMPONENTS: 1) AN
EXEMPTION TO THE GENERAL PLAN FLOOR AREA RATIO (GPA98-1) AT 65
MITCHELL BOULEVARD (APN 155-131-11); AND 2) AN AMENDMENT TO
APPENDIX B - LAND USE TRAFFIC ALLOCATIONS - TO PROVIDE FOR 53
ADDITIONAL TRIPS GENERATED BY A 24,000 SQUARE FOOT TENANT
IMPROVEMENT(GPA98-2) AT 1 THORNDALE DRIVE (APN 175-360-04)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, on November 3, 1998, an application was submitted for General Plan
Amendment (GPA98-1) to provide an exemption to the .30 Floor Area Ratio to allow the
applicant to occupy 3,600 square feet of additional office space for a total of 13,782 square feet
at 65 Mitchell Blvd. and on November 30, 1998, an application was submitted for a General Plan
Amendment (GPA98-2) to amend Appendix B - Land Use Traffic Allocations - to provide for the
53 additional trips generated by a 24,000 square foot conversion of interior parking to office
space located at 1 Thomdale Drive; and,
WHEREAS, GPA 98-1 is intended to satisfy the terms of the Stipulation and Settlement
Agreement, dated October 1, 1998, which was subject to an extensive mediation process
conducted by a court-appointed mediator, E. Clement Shute who strongly recommends City
acceptance of this settlement agreement; and
WHEREAS, GPA 98-2 is intended to satisfy the terms of an agreement between the City
of San Rafael and the previous owner of the property (Quail Hill, Inc.) dated August 3, 1981,
which stated that the owner of the property would be permitted to convert 24,000 square feet of
interior parking into office space, however, the subsequent preparation of the City's General Plan
did not recognize this provision for additional FAR by providing trip allocations in Appendix B;
and
WHEREAS, upon review of the subject application and preparation of an initial study,
no environmental impacts were identified to result from allowing the applicant to occupy 3,600
square feet of additional existing office space (GPA 98-1) and the 24,000 square foot conversion
of parking area to office space (GPA 98-2); and
WHEREAS, the San Rafael Planning Commission is required by State law to hold at
least one public hearing and make a written recommendation to the legislative body on the
adoption of any General Plan Amendments; and
WHEREAS, on January 12, 1999 the Planning Commission at a regularly scheduled
meeting accepted public testimony and the written report of the Community Development
Department and recommended to the City Council adoption of a Negative Declaration for
General Plan Amendment 98-1 and 98-2 in accordance with the California Environmental
Quality Act (CEQA); and
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WHEREAS, on January 12, 1999, the San Rafael Planning Commission adopted
resolutions recommending the City Council approve General Plan Amendment (GPA 98-1) to
provide a Floor Area Exemption to allow 3,600 square foot of additional office space to be
occupied at 65 Mitchell Boulevard and General Plan Amendment (GPA 98-2) to amend
Appendix B - Land Use Traffic Allocations - to allocate 53 trips to the site to allow for a 24,000
square foot conversion of interior parking to office space at 1 Thorndale Drive; and
WHEREAS, on January 19, 1999, the City Council held a duly noticed public hearing
on the proposed General Plan Amendment (98-1 and 98-2), accepting public testimony and the
written report of the Community Development Staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the negative
declaration prepared for the project based on the following finding of fact:
The City Council has exercised its independent judgment in evaluating the Negative
Declaration for the project and has determined that the Negative Declaration for the project
is consistent with provisions of CEQA. The project will not have a significant adverse
impact on the environment and a Negative Declaration has been adopted. An Initial Study
was prepared for the project which determined that there is no substantial evidence that the
project will have a significant impact on the environment. 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 any public comments received during
the review period and at the hearings.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council adopts
the following General Plan Amendment:
GPA 98-1:
The following language is an additional policy in the General Plan:
NG -20 Exemption from LU -14 (b) for 65 Mitchell Boulevard (AP155-131-11).
In recognition of unique and special circumstances for this site, including historic trips and an existing
building, allow an additional 3,600 square feet of the building to be occupied as office space for a FAR
of 0.47 for the site. The FAR is consistent with the average FAR for the Northgate Industrial Park.
GPA 98-2:
Appendix B of the General Plan be revised to add the following:
Assessor Land Project FAR Acres
Parcel # Use Name
17536004 Office 1 Thorndale 0.30 5.865
17500000
Additional
Comments
GP
SF or
Trips
Units
24,000
Conversion of interior parking
53
to office use consistent with
1981 Agreement between City
and Owner.
General reserve (from Hartzell
94 -
School)
42
BE IT FURTHER RESOLVED that the City Council finds this revision to be in the
public interest in that:
The public interest is served by the adoption of General Plan Amendment 98-1 because the
amendment will allow the applicant to occupy 3,600 square feet of additional existing space.
This proposed general plan amendment will provide a limited economic opportunity in an
infill area with no expected impacts. This application is intended to satisfy the terms of the
Stipulation and Settlement Agreement, dated October 1, 1998, which was subject to an
extensive mediation process conducted by a court-appointed mediator, E. Clement Shute who
strongly recommends City acceptance of this settlement agreement.
2. The public interest is served by the adoption of General Plan Amendment 98-2 because the
amendment is not in conflict with other General Plan policies. The conversion of interior
parking area to office space would result in an FAR of 0.30, consistent with the Northgate
area land use policies. The amendment is requested to correct an inadvertent omission in
General Plan 2000 to make it consistent with the 1981 agreement between the City of San
Rafael and the owner of the 1 Thorndale property. The applicant will provide a shuttle
service implementing the "Top Priority Action" relating to transportation of the North San
Rafael Vision to "Create a local shuttle bus service." The project would also provide local
opportunities for employment, provide necessary local services and benefit the City
economically.
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 held on Tuesday, the nineteenth of January, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAV M. EA
LONCINI, City Clerk