HomeMy WebLinkAboutCC Resolution 9189 (Marin Home Center)RESOLUTION 9189
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING
THE NEGATIVE DECLARATION AND APPROVING A MASTER
USE PERMIT AMENDMENT AND TRIP PERMIT FOR THE MARIN
HOME CENTER, 530 FRANCISCO BOULEVARD WEST
(AP 13-051-06 & 20)
WHEREAS, on June 29, 1994, applications requesting a Zone Change, Master Use
Permit amendment and Trip Permit for the above referenced project was found by
the Planning Department to be complete for processing; 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 July 26, 1994 the San Rafael Planning Commission held a duly
noticed Public Hearing on the proposed Zone Change, Master Use Permit
amendment and Trip Permit applications, accepting public testimony and the
written report of the Planning Department staff; and,
WHEREAS, on July 26, 1994 the San Rafael Planning Commission recommended to
the San Rafael City Council adoption of the negative declaration and approval of the
Zone Change, Master Use Permit amendment and Trip Permit; and,
WHEREAS, the San Rafael City Council held a duly noticed Public Hearing on the
proposed Zone Change, Master Use Permit amendment and Trip Permit
applications, accepting public testimony, the written report of the Planning
Department staff, and the recommendation of the San Rafael Planning
Commission; and,
WHEREAS, the San Rafael City Council determined that the Negative Declaration
for the project is consistent with the provisions of CEQA in that an Initial Study has
been prepared on the project which determined that there is no substantial evidence
that the project will have a significant impact on the environment. Mitigation
measures have been attached to the project which reduce the potential impacts to a
level of insignificance. Public notice of the intent to adopt the Negative Declaration
has been done pursuant to state law. The proposed Negative Declaration has been
considered in conjunction with comments received during the review period and at
the Planning Commission and City Council public hearings; and,
WHEREAS, the San Rafael City Council determined that 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
Policies LU -13(c), Commercial and Industrial Land Use Categories, General
Commercial and LU -14, Intensity of Commercial and Industrial Development;
Francisco Boulevard West Policies FBW-2, Speciality Retail Uses, FBW-21, Traffic
Allocations for Development and FBW-22, Commercial Intensities; and, Circulation
'
ORIGINAL
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Policies C-4, Trip Allocations, C-6, 'Bonus" Trip Allocations, and C-6, "Bonus" Trip
Allocations; and,
WHEREAS, the San Rafael City Council determined that 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 all impacts identified in the
Negative Declaration were mitigated to a level of insignificance and the project has
been reviewed by all appropriate City agencies and their comments have been
incorporated into project through conditions of approval; and,
WHEREAS, the San Rafael City Council determined that the proposed use complies
with each of the applicable provisions of the Zoning Ordinance including Planned
District and parking regulations; and,
WHEREAS, the San Rafael City Council determined that the traffic level of service
standards established by the General Plan shall not be exceeded for both local streets
and/or critical intersections because a traffic study prepared by DKS Associates and
reviewed by the City Traffic Engineer concluded that the LOS on the local streets and
at the Bellam Boulevard interchange will not be lowered; and,
WHEREAS, the San Rafael City Council determined that the proposed use of bonus
trips is consistent with the specific purposes as described in the General Plan because
the proposed use is a high tax generating use; and,
WHEREAS, the San Rafael City Council determined that the granting of an increase
in the number of PM peak hour trips to the subject property will not under the
circumstances of the particular case, materially affect adversely the health or safety
of persons residing or working in the neighborhood and will not, under the
circumstances of the particular case, be materially detrimental to the public welfare
or injurious to property or improvements in the neighborhood or to the general
welfare of the City because the site was originally developed to accommodate the
proposed small item retail uses, all street and sidewalk improvements are existing
and the additional sales tax generated by the project will be beneficial to the City.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council finds there
is no substantial evidence in the record showing that the project could have a
significant detrimental impact upon the environment and adopts the Negative
Declaration and Mitigation Monitoring Program; and,
NOW BE IT FURTHER RESOLVED, that the San Rafael City Council finds there is
no substantial evidence in the record showing that the project could have a
significant detrimental impact upon the neighborhood and approves the Master Use
Permit amendment and Trip Permit for the Marin Home Center at 530 Francisco
Boulevard West.
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I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, HEREBY
CERTIFY that the foregoing Resolution was duly and regularly introduced and
adopted at a regular meeting of the Council of said City held on the 1st day of
August, 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini &
Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
/JEANNE M. LEONCINI
Clerk of the City of San Rafael
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