Loading...
HomeMy WebLinkAboutCC Resolution 9816 (Northgate General Plan Amendment)RESOLUTION #9816 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING A GENERAL PLAN AMENDMENT TO PROVIDE AN EXEMPTION TO THE GENERAL PLAN FLOOR AREA RATIO OF .30 FOR REDEVELOPMENT OF PARCELS WITHIN THE NORTHGATE INDUSTRIAL PARK WHICH HAVE HISTORIC TRIPS UNDER THE CITY'S 1983-1986 TRAFFIC MODELING SYSTEM. The Northgate Industrial Park consists of 57 acres located in Northeast San Rafael in the area of Old Redwood Highway, Mitchell Blvd., Paul Drive, Mark Drive and San Carlos Court. Semik Oungoulian, applicant; Peter Brekhus, Attorney at Law, Representative. WHEREAS, on November 7, 1996 an application by Semik Oungoulian for a General Plan Amendment to provide an exemption to the General Plan Floor Area Ratio (FAR) of .30 for redevelopment of parcels within the Northgate Industrial Park which have historic trips under the City's 1983-1986 traffic modeling system was found by the Planning Department to be complete for processing; and, WHEREAS, copies of the proposed general plan amendment were referred to agencies, adjacent jurisdictions, and the North San Rafael Coalition for comments as required by the City's General Plan Amendment procedures; and WHEREAS, upon review of the subject application a Mitigated Negative Declaration was prepared consistent with the requirements of the California Environmental Quality Act (CEQA) and the Negative Declaration identified two sites which would be allowed additional FAR under the amendment, 65 Mitchell Boulevard and the Pacific Bell site; and, WHEREAS, notification of the proposed general plan amendment and negative declaration occurred as specified by law; 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, the Planning Commission held a public hearing on February 25, 1997 to hear public comments on the proposed amendment and the Planning Commission determined QRi9!4 I av`I-V that the General Plan Amendment should be considered in the context of the North San Rafael Vision which is evaluating land use issues in North San Rafael; and WHEREAS, the Planning Commission recommended that the City Council deny the proposed General Plan Amendment without prejudice; and WHEREAS, the San Rafael City Council held a public hearing on March 17, 1997 to take public comments on the proposed amendment; and WHEREAS, the March 17, 1997 staff report to the City Council analyzed the amendment, including the processing history for the site which contained two important facts: 1) there were two previous requests for additional FAR for the 65 Mitchell Blvd. site which were denied; and 2) even though the applicant constructed a 15,400 sq. foot building, the Use Permit, Environmental and Design Review Permit, and building permit which were issued restricted occupancy of the building to 9,100 square feet, consistent with the .30 FAR; and, WHEREAS, the staff report stated that the purpose of Floor Area Ratios is to regulate building intensity, mass, parking, and traffic; and WHEREAS, the City Council received public testimony and letters requesting that the General Plan Amendment be denied because the applicant was aware of the .30 FAR limitation when he constructed the building at 65 Mitchell and the amendment would allow an additional 5,400 square feet of the building to be occupied and could create traffic and parking problems; and WHEREAS, the City Council had denied similar requests by the applicant for additional FAR based on historic trips for the 65 Mitchell site on July 18, 1988 when it adopted the General Plan 2000 and on January 17, 1989 when it denied an appeal by the applicant to build a 16,300 square foot building on the site; and WHEREAS, the Council determined that there have been no changes in circumstances since these decisions which would warrant approving the general plan amendment; and WHEREAS, the City Council further determined that that there is no public benefit to amending the general plan to allow the additional FAR because the staff report and public comments noted that this amendment could set a precedent for similar requests for increased FARs elsewhere in the City and that increased FARs could create parking, traffic and massing problems. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby denies the proposed General Plan Amendment. The foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 7th day of April, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS : Cohen, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : Phillips Jeanne M. Leoncini, City Clerk