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HomeMy WebLinkAboutCC Resolution 8169 (Smith Ranch Road)RESOLUTION NO. 8169 A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL CERTIFIYING A NEGATIVE DECLARATION FOR AMENDMENT OF POLICY LU -17 OF THE SAN RAFAEL GENERAL PLAN 2000 ("TRANSFER OF FLOOR AREA RATIO"), ADOPTING SAID AMENDMENT, AND TRANSFERRING 5305 SQUARE FEET OF PUBLIC/QUASI PUBLIC FLOOR AREA TO THAT AREA OF SMITH RANCH PARCEL THREE DESIGNATED FOR OFFICE/RETAIL DEVELOPMENT. (RE: GPA90-1 -101 & 111 SMITH RANCH ROAD) WHEREAS, upon review of the proposed General Plan Amendement and its proposed application to the Smith Ranch Parcel Three project in accordance with the requirements of California Environmental Quality Act (CEQA), an Initial Study was completed by Planning Department staff; and, WHEREAS, it was concluded in the Initial Study that neither the proposed General Plan Amendment nor its application to the Smith Ranch Parcel Three project had the potential for creating a significant impact on the environment; and, WHEREAS, on March 27, 1990, the San Rafael Planning Commission held a duly noticed Public Hearing on the proposed General Plan Amendment and its application to the Smith Ranch Parcel Three project, accepting public testimony and the written report of the Planning Department staff; and, WHEREAS, the City Planning Commission recommended the adoption of the General Plan Amendment, its application to affect a transfer of 5305 square feet of floor area from a Public/Quasi-Public portion of the Smith Ranch Parcel Three site to the Office/Retail portion of the site, and Certification of a Negative Declaration therefore to the City Council; and, WHEREAS, the Planning Commission recommended that General Plan policy LU -17 be amended to read as follows: "LU -17 Transfer of FAR's among sites. FAR transfers between or among sites shall not be permitted except where the City Council finds one or both of the following: 1. Unique or special circumstances are found to exist IHIGINAI (e.g., elimination of wetlands or destruction of historic buildings) which would cause severe environmental impacts if the transfer is not allowed; 2. A significant public benefit will be provided, such as securing a new public facility site (e.g., park, school, library, fire station, police station, etc); In order for an FAR transfer to occur pursuant to this policy, the applicant shall demonstrate that the parcel from which and to which the FAR is transferred meets all the following criteria: A.) The development of the beneficiary parcel is consistent with the General Plan 2000, except that FAR's may be exceeded. It must also be demonstrated that all applicable zoning and design parameters and criteria are complied with; B) Traffic impacts from the subject properties impact the same interchange(s); C.) The total number of trips generated from the proposal will not exceed the total General Plan trip allocations for the subject parcel(s)." WHEREAS, the General Plan Amendment would be in the Public interest; and, WHEREAS, the City Council determined that the recommended General Plan Amendment did not have the potential for creating a significant impact on the environment and therefore Certified a Negative Declaration in accordance with the California Environmental Quality Act. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council finds there is no substantial evidence in the record showing that the General Plan Amendment could have a significant effect on the environment and certifies the Negative Declaration. BE IT FURTHER RESOLVED that the City Council does hereby amend General Plan policy LU -17 as recommended by the Planning Commission. BE IT FURTHER RESOLVED that the City Council does hereby approve a transfer of 5305 square feet of Floor area from the Public/Quasi-Public portion of the Parcel Three site to the Office/Retail portion of the site. 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 7th day of May , 1990, by following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey JE E M. LEONCINI, City Clerk