HomeMy WebLinkAboutCC Resolution 7894 (Embassy Suites Hotel Appeal)RESOLUTION NO. 7894
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DENYING AN APPEAL AND UPHOLDING DECISIONS OF THE PLANNING
COMMISSION TO APPROVE A MITIGATED NEGATIVE DECLARATION AND
CONDITIONALLY APPROVE APPLICATIONS FOR USE PERMIT AND
SUBDIVISION FOR A PROPOSED EMBASSY SUITES HOTEL LOCATED ON
MCINNIS PARKWAY, EAST OF CIVIC CENTER DRIVE AP 180-410-03.
WHEREAS, on December 13, 1988, the Planning Commission
adopted Resolution 88-22 which approved a Mitigated Negative
Declaration in regard to applications for Use Permit 88-
9 and Subdivision s88-2, and which recommended to the City
Council approval of a Mitigated Negative Declaration in regard
to an application for Rezoning Z88-1; and
WHEREAS, on December 13, 1988, the Planning Commission
adopted Resolution 88-23 setting forth findings, recommending
to the City Council conditional approval of Rezoning Z88-1, and
concurrently granting Commission conditional approval of Use
Permit 88-9 and Subdivision s88-2; and
WHEREAS, by a letter of appeal dated December 19, 1988,
the Building and Construction Trades Council of Marin County
(Appellant) appealed to the City Council the actions set forth
in Planning Commission Resolutions 88-22 and 88-23; and
WHEREAS, on December 19, 1988, the City Council determined
the portions of Resolutions 88-22 and 88-23 recommending City
Council approval of a Mitigated Negative Declaration and
recommending City Council conditional approval of Rezoning 288-
1 were not subject to appeal by virtue of being recommendations
which do not constitute final City approval; and
WHEREAS, on December 19, 1988, after making the above
stated determination and after holding a noticed public hearing
at which Appellant was permitted to comment upon Rezoning Z88-1
and its Mitigated Negative Declaration, the City Council
adopted City Council Resolution 7881 approving a Mitigated
Negative Declaration in regard to Rezoning Z88-1 and the City
Council passed to print Ordinance 1555 enacting conditional
approval of Rezoning Z88-1; and
WHEREAS, on January 3, 1989, the City Council held a
noticed public hearing to consider those portions of the letter
of appeal relating to Planning Commission approval of a
Mitigated Negative Declaration in regard to Use Permit 88-9 and
Subdivision s88-2, and relating to Planning Commission
1
ORIGINA1 7e94
conditional approval of Use Permit 88-9 and Subdivision s88-2;
NOW, THEREFORE BE IT RESOLVED THAT the City Council has
reviewed and considered the letter of appeal, staff's Report to
Mayor and City Council for the January 3, 1989 meeting
including copies of Planning Commission Resolutions 88-22 and
88-23, Appellant's oral and visual presentation to City Council
on January 3, 1989, other testimony and information presented
for the January 3, 1989 meeting, the recommended Mitigated
Negative Declaration and other elements of the project record
which include prior staff reports to the Planning Commission,
minutes of Planning Commission and Design Review Board
meetings, written comments and other documentation relating to
the Mitigated Negative Declaration and the applications; and
BE IT FURTHER RESOLVED that the City Council finds there
is no substantial evidence in the record showing that the
project may have an adverse significant impact on the
environment, and the City Council finds there are insufficient
grounds to overturn the Planning Commission approval by
Resolution 88-22 of a Mitigated Negative Declaration; and
BE IT FURTHER RESOLVED that the City Council finds the
subdivision and land use together with the provisions for the
design and improvement of the subdivision are compatible with
and consistent with the objectives, policies, general land uses
and programs specified in the General Plan 2000, and the City
Council finds there are no grounds to deny the subdivision
pursuant to provisions of the Subdivision Map Act including its
Section 66473; and
BE IT FURTHER RESOLVED that the City Council concurs in
and adopts as its own the findings contained in Planning
Commission Resolutions 88-22 and 88-23 incorporated herein by
reference; and
BE IT FURTHER RESOLVED that the City Council finds there
are insufficient grounds to overturn the Planning Commission
conditional approval by Resolutions88-23 of Use Permit 88-9 and
Subdivision s88-2; and
BE IT FURTHER RESOLVED that the City Council denies the
appeal and upholds the decisions of the Planning Commission
set forth in Planning Commission Resolution 88-22 and 88-23.
:,
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael,
hereby certify that foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of
said City on TUESDAY , the 17th , day of JANUARY
1989, by the following vote, to wit:
AYES: COUNCILMEMBERS:Boro, Frugoli & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: Thayer
ABSENT: COUNCILMEMBERS: Mayor Mulryan
�E M. LEONCI , City Clerk
01