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HomeMy WebLinkAboutCC Resolution 10358 (65 Mitchell Blvd Use Permit)RESOLUTION NO. 10358 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A USE PERMIT AMENDMENT FOR 65 MITCHELL BOULEVARD (UP 89-4c) APN 155-131-11 The City Council of the City of San Rafael finds and determines that: WHEREAS, on November 3, 1998, an application was submitted for a Use Permit (U89 -4c) to allow a 3,600 square foot of additional office space for a total of 13,782 square feet (FAR 0.47) to be occupied at 65 Mitchell Blvd.; and, WHEREAS, this application and accompanying General Plan Amendment application (GPA98-1) are 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, upon review of the subject application and preparation of an initial study, no environmental impacts were anticipated to result from allowing the applicant to occupy 3,600 square feet of additional existing office space, therefore, a negative declaration was prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the San Rafael Planning Commission considered the General Plan Amendment and Use Permit (U89 -4c) to allow 3,600 square foot of additional office space to be occupied on January 12, 1999, at a regularly scheduled meeting, accepting public testimony and the written report of the Community Development Department; and WHEREAS, on January 12, 1999, the Planning Commission recommended to the City Council adoption of a Negative Declaration for GPA98-1 and UP89-4c in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, on January 12, 1999, the San Rafael Planning Commission adopted a resolution recommending the City Council approve the General Plan Amendment (GPA98-1) and Use Permit (UP89-4c) to allow 3,600 square foot of additional office space for a total of 13,782 square feet (FAR 0.47) to be occupied, accepting public testimony and the written report of the Community Development Department; and WHEREAS, on January 19, 1999, the City Council held a duly noticed public hearing on the proposed Negative Declaration, General Plan Amendment (GPA98-1) and Use Permit (UP 89-4c), accepting public testimony and the written report of the Community Development Staff; and WHEREAS, by separate resolution the City Council adopted the Negative Declaration and General Plan Amendment (GPA98-1) for the project. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Use Permit Amendment based on the following findings: FINDINGS (UP89-40 1. The proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the district in which the site is located. The Light Industrial/Office District provides for offices uses as proposed by the project. The proposed application is a General Plan Amendment to provide an exemption to the General Plan Floor Area Ratio for 65 Mitchell Boulevard which had historic trips under the City's 1983-1986 Traffic Modeling System. The project conforms to the development standards of the Zoning Ordinance, including adequate parking facilities. 2. The use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City. The project would allow the applicant to occupy 3,600 square feet of additional office space for a total of 13,782 square feet (0.47 FAR). The project's potential traffic impacts have been carefully reviewed and trip standards will not be exceeded. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance. 4. An initial study was prepared for the project and it has been determined that the proposed project will not have a significant effect on the environment. Therefore a Negative Declaration has been adopted in accordance with the provisions of the California Environmental Quality Act (CEQA). BE IT FURTHER RESOLVED that the City Council approved the Use Permit Amendment based on the conditions attached as Exhibit A. 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 JEANNE M. LEONCINI, City Clerk CONDITIONS OF APPROVAL The following conditions replace the existing conditions of approval for UP89-4(b): Planning Division 1. a) This use permit approves an office building with 13,782 square feet of office, hallways, stairways, restroom and utility rooms and 450 square feet of atrium space. The remaining 1,677 square feet of the building can be used as storage space only by building tenants, consistent with the site plan attached hereto as Exhibit E to the Planning Commission staff report, or such other site plan as may be subsequently approved in a future amendment to this use permit. Any such modifications to the use and square footage limitations contained herein shall require review and approval by the City as an amendment to this permit. The FAR limit of 0.47 established under NG -20 cannot be exceeded. The applicant shall submit a floor plan to the City showing occupied space is consistent with these limitations. Any change in building tenant or any tenant improvements shall require filing of a new floor plan to ensure that square footage limits are not exceeded. 2. Prior to occupation of the additional 3,600 square feet of office space, the applicant shall record a deed restriction or other legal document approved by the City Attorney stating the FAR limitations for 65 Mitchell outlined in condition a above. Prior to recordation, the applicant shall submit the proposed language to the City for review and approval. MMWD 3. Prior to occupancy, the applicant must submit a water service application indicating the change in FAR for the property. The new office space may require the purchase of an additional water entitlement.