HomeMy WebLinkAboutCC Resolution 9109 (931 Second Street Appeal)RESOLUTION NO. 910 9
RESOLUTON OF THE SAN RAFAEL CITY COUNCIL DENYING APPEAL OF THE
PLANNING COMMISSION'S DENIAL OF GENERAL PLAN AMENDMENT
APPLICATION 92-1 TO DESIGNATE PROPERTY LOCATED AT 931 SECOND STREET
FROM GENERAL COMMERCIAL TO RETAIL/OFFICE.
WHEREAS, an application was submitted by David J. Zappetini on March 27, 1992 for
General Plan amendment to redesignate property at 931 Second Street (AP# 13-012-10
and 11) from General Commercial to Retail/Office along with applications for
Rezoning, a Use Permit and an Environmental and Design Review Permit to support a
housing project of ninety-five affordable units; and,
WHEREAS, the San Rafael Planning Commission considered a staff recommendation
to deny the General Plan amendment on May 26, 1992,and the Commission
determined that it did not have sufficient information to deny the application at that
time, and the Commission directed staff to continue processing the applications; and,
WHEREAS, the Design Review Board considered the proposed project design at
meetings on August 26, 1992 and February 17, 1993; and
WHEREAS, the applications for General Plan amendment, Rezoning, Use Permit and
Environmental and Design Review Permit were determined to be incomplete; and,
WHEREAS, the applicant requested that the General Plan amendment be scheduled for
further consideration by the Planning Commission; and,
WHEREAS, the Planning Commission did by unanimous vote deny the General Plan
amendment application after conducting a public hearing on October 12,1993; and,
WHEREAS, the applicant did file an appeal of the Planning Commission's denial of the
application for General Plan amendment; and,
WHEREAS, the City Council did conduct a duly noticed public hearing on the appeal
on December 20,1993; and
WHEREAS, the City Council did consider the deliberations of the Design Review
Board, the Planning Commission hearing record, the facts and analysis presented in the
staff report to the City Council dated December 14, 1993, oral testimony from staff, oral
and written testimony from the applicant and from the public and comments by
individual City Council members;
NOW THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby finds
General Plan Application 92-1 inconsistent with General Plan policies LU -8, LU -13, LU -
37, LU -38, H-16, N -A, S -1,H-17, S-BS-C,DT 2, DT -3, and DT -26; and
BE IT FURTHER RESOLVED, that based on the above findings the City Council finds
that the public health, safety and welfare would not be served by the proposed
amendment, and the application is therefore denied.
ORIGINAL
X909
I, JEANNE M. LEONCIl ZI, City 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 City Council of said City held on Mondav the 7th day of
March , 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED: COUNCILMEMBERS: Zappetini (Due to conflict of interest)
JEANNE ONCINI, Clerk of the City of San Rafael