HomeMy WebLinkAboutCC Resolution 9727 (50 Golden Gate Drive)RESOLUTION NO. 9 7 2 7
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING THE
REQUEST FOR A GENERAL PLAN AMENDMENT AND OTHER
APPLICATIONS AS INCONSISTENT WITH THE GENERAL PLAN; RE:
GENERAL PLAN AMENDMENT CHANGING THE PERMITTED FLOOR AREA
RATIO (FAR) FOR MINI -STORAGE PROJECTS FROM 1.0 TO 2.0; CITY-WIDE
ZONING ORDINANCE AMENDMENT TO SECTION 14.16.150.G4 (FLOOR AREA
RATIOS) TO CHANGE THE PERMITTED FAR FOR MINI -STORAGE PROJECTS
FROM 1.0 TO 2.0; PROJECT APPLICATIONS FOR A USE PERMIT FOR FAR IN
EXCESS OF 1.0; A USE PERMIT FOR A CARETAKER'S UNIT; AND AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A THREE STORY,
59,247 SQUARE FOOT MINI -STORAGE BUILDING at 50 Golden Gate Drive;
San Rafael; APN 18-142-85; Robert McGowan, Owner;
Darrel deTienne, Representative
WHEREAS, on November 5, 1995 an application was filed requesting an
Environmental and Design Review Permit for the above referenced project; and,
WHEREAS, the Environmental and Design Review Permit was reviewed and
recommended for approval by the Design Review Board; and,
WHEREAS, applications requesting a General Plan Amendment, Zone Change, and
Use Permits were filed in January and May, 1996; and,
WHEREAS, upon review of the subject applications an Initial Study and Negative
Declaration were prepared consistent with the requirements of the California
Environmental Quality Act; and,
WHEREAS, the San Rafael Planning Commission is required by state law to hold a
public hearing and make a written recommendation to the City Council on the
adoption of the General Plan Amendment; and
WHEREAS, on August 27,1996 the San Rafael Planning Commission held a duly
noticed Public Hearing on the proposed General Plan Amendment, Zone Change,
Use Permit, and Environmental and Design Review Permit applications, accepting
public testimony and the written report of the Planning Department; and
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WHEREAS, the San Rafael Planning Commission recommended that the City
Council deny the General Plan Amendment and took no action on the negative
declaration based on the fact that there would not be a public interest served in
amending the General Plan at this time and that the issue should be looked at in the
context of a General Update when the City would reevaluate uses and traffic; and
WHEREAS, on September 16,1996 the San Rafael City Council held a duly noticed
Public Hearing on the proposed General Plan Amendment, Zone Change, Use
Permit, and Environmental and Design Review Permit applications, accepting
public testimony, the staff report, and the written recommendation of the Planning
Commission; and
WHEREAS, the City Council determined that the public interest would not be
served by the adoption of the proposed General Plan amendment to amend Policy
LU -47 to change the permitted Floor Area Ratio for mini -storage projects from 1.0 to
2.0 based on the following specific findings:
1. The City is in the process of preparing an Economic Vision and will be
beginning a General Plan Update next fiscal year. The amendment would
initially benefit a single site, but would apply city-wide and could lead to an
intensification of the 16 to 18 existing mini -storage facilities and additional
new facilities on vacant parcels. Any increase in FAR should be considered in
the overall context of these pending policy documents.
2. There is no compelling public interest at this time in increasing the FAR for
mini -storage and providing an incentive to build them. This could maximize
mini -storage facilities at the expense of other light industrial and office uses
which would be more beneficial to the City; and
WHEREAS, the City Council determined that the proposed Zoning Ordinance
Amendment to change the permitted FAR for mini -storage from 1.0 to 2.0 is
inconsistent with the adopted General Plan because Policy LU -47 establishes a
maximum FAR of 1.0 for mini -storage facilities; and
WHEREAS, the City Council further determined that the project applications for a use
permit for an FAR in excess of 1.0; a Design Review Permit for a 59.247 sq. foot mini -
storage facility, and a use permit for a caretaker's unit within the facility were
inconsistent with the adopted General Plan because General Plan Policy LU -47
currently has a maximum FAR of 1.0 for mini -storage facilities and the proposed project
has a 1.75 FAR; and
WHEREAS, the City Council took no action on the proposed negative declaration as
CEQA Section 15270 provides an exemption for projects which a public agency
disapproves.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council denies the
General Plan Amendment to amend Policy LU -47 to change the permitted Floor Area
Ratio (FAR) for mini -storage project from 1.0 to 2.0.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the San Rafael City Council
denies the Zoning Ordinance Amendment to change the permitted FAR from 1.0 to 2.0
and the project applications for a use permit for an FAR in excess of 1.0; a Design
Review Permit for a 59.247 sq. foot mini -storage facility, and a use permit for a
caretaker's unit within the facility.
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
San Rafael City Council held on the 21St day of October, 1996, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips' & Mayor Bora
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: Heller
JEANNE M. LEONCINI, City Clerk