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HomeMy WebLinkAboutCC Resolution 9521 (1 McInnis Parkway Office)RESOLUTION NO. 9-521 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND USE PERMIT FOR A 37,000 SQUARE FOOT OFFICE BUILDING 1 McInnis Parkway, AP 180-410-06 WHEREAS, the proposed project consists of an Environmental and Design Review application and a Use Permit application to permit a 37,000 square foot light office building; and, WHEREAS, upon review of the subject applications an environmental Initial Study was prepared consistent with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, on November 14, 1995, the San Rafael Planning Commission held a duly noticed Public Hearing on the proposed Negative Declaration, General Plan Amendment, Environmental and Design Review Permit, Use Permit and Zone Change, accepting public testimony and the written report of the Planning Department staff; and, WHEREAS, on November 14, 1995, the San Rafael Planning Commission voted to recommend adoption of the Negative Declaration and approval of the General Plan Amendment, Environmental and Design Review permit, Use Permit and Zone Change; and, WHEREAS, the City Council held a public hearing on the General Plan Amendment, Zone Change, Environmental and Design Review Permit and Use Permit on December 4, 1995; and, WHEREAS, by separate resolution the City Council has adopted the Negative Declaration and approved the General Plan Amendment; and, WHEREAS, the Council considered all verbal and written testimony and voted to approve the Environmental and Design Review Permit and Use Permit. NOW THEREFORE BE IT RESOLVED, that the San Rafael City Council hereby approves the Environmental and Design Review Permit and Use Permit subject to the attached conditions based upon the following findings: UP95-8 1. The proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purpose of the district in which it is located because the project, as conditioned, is consistent with the goals and policies of the General Plan 2000 including: Land Use Policy LU -13 (f), Office Land Use Designation, LU -12, Master Plan Zoning, LU -14 (b), Intensity of Commercial and Industrial Development, LU -21, Building Height, LU -30, Street Tree Planting, OR16INAL asu LU -32, Water Conservation, LU -35, Project Design Considerations, LU -36 (d), Additional Community Design Map Considerations, LU - 37, Local Employment, LU -51, Sewer and Water Facilities; Circulation Policies C-3, Timing of Development, C-4, Trip Allocations, C-15, Design of Projects Adjacent to Transitway, C-17, Circulation Improvement Funding, C-18, Area Transportation Improvement Programs; Natural Environment Policies NE -13, Protection of Environmental Resources, NE -15, Wetland Buffers, NE -17, Creek/Drainageway Setbacks; Safety Policies S-1, Location of Future Development, S-3, Use of Hazard Maps in Development Review, S-4, Geotechnical Review, S-5 Soils and Geologic Review, S-11, Seismic Safety of New Buildings, S-13, Flood Protection of New Development, S-17, Creeks and Drainageways, S-21, Fire Safety of New Development, S-23, Review of Development in New Projects, S- 24, Access for Emergency Vehicles; Specific area policies (Northgate) NG -3, Timing of Development, NG -4, Circulation Improvements, NG -5, Traffic Allocations for Development, NG -6, Design Considerations in Areas Adjacent to the Civic Center, and NG -10, Civic Center North Land Uses. 2. The proposed use together with the conditions applicable thereto, 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 because the office uses are consistent with other uses in the neighborhood and general area. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance including: Section 14.02.020J, Multiple Applications, Section 14.07.030, Planned Development District Property Development Regulations, Section 14.18.040, Parking Requirements, and Section 14.25.050. Review Criteria, as well as PD regulations established for the Civic Center North projects. ED95-16 4. The project design is in accord with the General Plan and the objectives of the Zoning Ordinance, including General Plan Policies relating to design (LU -21, LU -30, LU -35 and LU -36) and the Review Criteria for Design Review Permits contained in Section 14.25.050 of the Zoning Ordinance. 5. The project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located because the project has been reviewed by the Design Review Board and their recommendations are incorporated into the project through project design and conditions of approval. 6. The project design minimizes adverse environmental impacts because the project has been reviewed by the Design Review Board. Through this review the landscape plan has been revised to be more appropriate for the area adjacent the wetlands. 7. The project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity because the project has been reviewed by the appropriate agencies and has been modified through design changes or conditions of approval. SAE • 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 Council of said City on Monday, the Fourth day of December, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller and Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) J ANNE M. LEONCINI, City Clerk - 3 -