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.