HomeMy WebLinkAboutCC Resolution 8140 (157 Woodland Avenue)RESOLUTION NO. 8140
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
DENYING THE APPEAL OF THE PLANNING COMMISSION'S
DENIAL WITHOUT PREJUDICE OF ED88-121
THIRTY-FOUR UNIT APARTMENT BUILDING
AND ONE SINGLE FAMILY HOUSE
AT 157 WOODLAND AVENUE
WHEREAS, an application was submitted to the Planning Department for a
thirty-four unit apartment building and a single family residence at 157 Woodland
Avenue; and
WHEREAS, an environmental Initial Study was prepared by Staff which
determined that the project had the potential to create significant impacts and that a
focused EIR should be prepared; and
WHEREAS, the scope of an EIR for the project was reviewed at the regular
meeting of the San Rafael Planning Commission on August 29, 1989, and after
receiving public testimony, the Commission approved the scope of environmental
issues to be included in a Focused EIR; and
WHEREAS, Brady and Associates, environmental consultants, were selected
by the City of San Rafael to prepare the Focused EIR in accordance with the
approved scope and in compliance with the California Environmental Quality Act
(CEQA) and the CEQA Guidelines; and
WHEREAS, the applicant failed to submit to the City required payment for
the preparation of the Focused EIR in October 1990; and
WHEREAS, the Planning Department reported to the Planning Commission
at the regular meeting of January 9, 1990 that the applicant would not submit the
required fee for the Focused EIR, received public testimony and voted to deny the
project without prejudice; and
WHEREAS, the project denial was appealed to the City Council requesting
that preparation of the EIR be waived or that the fee be waived, and the City Council
heard the matter at a duly noticed public hearing on March 5, 1990.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council
hearby den es the appeal of the Planning Commissions denial without prejudice of
ED88-121 based on the following findings:
1. An EIR is required per Section 15064 of the CEQA Guidelines, based on
substantial evidence in the record of potential significant impacts on
the environment.
2. The applicant has failed to pay the fee required for preparation of the
Focused EIR.
3. Section 15109 of the CEQA Guidelines allows an agency to deny
without prejudice projects for which there has been an unreasonable
delay on the part of the applicant. In this case the Planning
Commission recommended that an EIR be prepared in August of 1989.
By October of 1989 the City selected a consultant who was prepared to
begin the EIR immediately. The consultant was unable to proceed as
the applicant did not deposit appropriate fees as of March 1990.
Therefore, the EIR could not be completed within the time limits
established by the Permit Streamlining Act.
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Disposition :___......_
I, JEANNE M. LEONCIlVI, Clerk of the City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted at a
REGIII AR meeting of the City Council of said City held on MONDAV the
19TH day of MARCH , 1990, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE I,City Clerk