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HomeMy WebLinkAboutCC Resolution 9437 (100 McInnis Pkwy Parking Easement)RESOLUTION NO. 9437 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE USE PERMIT CONDITIONS THAT REQUIRED A SUPPLEMENTAL PARKING EASEMENT AT 100 MCINNIS PARKWAY FOR A RESTAURANT/HOTEL WHEREAS, an application to amend the condition requiring additional hotel parking on the office site by deleting the requirement for this additional parking was submitted; and, WHEREAS, a parking study was prepared based on maximum use and this parking study indicated that adequate parking for the hotel use exists on the hotel site; and, WHEREAS, on September 13, 1994, the Planning Commission of the City of San Rafael reviewed and considered public testimony and the staff report at a duly noticed public hearing on the project and voted to recommend to the City Council the amendment to delete the use permit conditions requiring a supplemental parking easement at 100 McInnis Parkway for the restaurant/hotel; and, WHEREAS, on August 21, 1995, the City Council of the City of San Rafael reviewed and considered public testimony and the staff report at a duly noticed public hearing on the project and voted to amend the use permit conditions requiring a supplemental parking easement at 100 McInnis Parkway for the restaurant/hotel. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby approves the amendment to the use permit conditions as shown in Exhibit "A" that required the supplemental parking easement for a restaurant/hotel UP88-9(b) based on the following findings: 1. The proposed parking condition amendment is consistent with the General Plan 2000 land use designation of General Commercial, and with the goals and policies of the General Plan in that four years of use and a parking survey have demonstrated that adequate parking is provided for the uses in the Hotel. 2. The proposed parking condition amendment complies with each of the applicable provisions of the Zoning Ordinance and the proposed amendment is in accord with the objectives of the Zoning Ordinance and the purposes of the PD zoning district in which the Hotel is located. 3. The proposed parking amendment, together with the conditions applicable thereto, will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity or to the general welfare of the City. ORIGI�IN Ia�; I, JEANNE M. LEONCIlVI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted a a regular meeting of the Council of said City held on Monday, the 21st day of August, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and Mayor Boro NOS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCESTI, City Clerk EXHIBIT "A" TO CITY COUNCIL RESOLUTION 1. Planning Department Condition (3) shall be deleted from File No. UP88-9. This condition currently reads: Prior to the recordation of a parcel map and prior to the issuance of grading and building permits, the applicant shall fulfill the requirements of condition 1(g) of Z88-1 regarding provision of 278 additional parking spaces. These parking spaces shall be filly improved and available for use prior to occupancy of the Hotel. 2. Condition 1(g), of Z88-1, (Condition 2 of Exhibit B to Ordinance 1555) shall be deleted. This condition currently reads: Concurrent with recordation of a parcel map and prior to the issuance of grading permits and building permits, an easement or other non -revokable agreement, prepared to the satisfaction of the City Attorney and Planning Director, shall be recorded, allowing parking of tip to 200 + vehicles from the hotel land use on the offices site, (Parcel 2 of 23 PM 52), on each weekday from 5:30 pm to 8:00 am and at all times on each Saturday and Sunday. The 200 + spaces shall be paved and available for use prior to occupancy of the hotel.. 3. Planning Condition 3 of UP88-9 shall be deleted. Condition 3 currently reads: Prior to the recordation of a parcel map and prior to the issuance of grading or building permits, the applicant shall fulfill the requirements of condition (Ig) of Z88-1 regarding provision of 278 additional parking spaces. These parking spaces shall be filly improved and available for use prior to occupancy of the hotel. 4. UP90-61 shall be repealed.