HomeMy WebLinkAboutCC Resolution 7876 (1555 Francisco Blvd)RESOLUTION NO. 7876
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING AN APPEAL OF CONDITION (q)
OF THE PLANNING COMMISSION'S CONDITIONS OF APPROVAL
REQUIRING PRIORITY PROJECT APPROVAL
PRIOR TO DEVELOPMENT
OF A 10,011 SQUARE FOOT LIGHT INDUSTRIAL/OFFICE BUILDING
AT 1555 FRANCISCO BOULEVARD EAST
(ED87-95)
WHEREAS, on February 14, 1978, the Planning Commission
approved environmental and design review application ED77-40
which permitted construction of a 10,073 square foot light
industrial/office building on the subject site; and
WHEREAS, on March 11, 1980, the Planning Commission
granted the applicant's request for a one year time extension
of its approval; and
WHEREAS, construction of the project did not commence
nor did the applicant request a further extension of time,
within the one year period, thereby invalidating precedent
City approval of the project; and
WHEREAS, in July of 1987, the applicant attempted
to resubmit an application for the project, but in accordance
with City Council Resolution No. 7427, the Planning Department
refused acceptance of the application based on the floor area
ratio of the project which exceeded floor area ratio limits
proposed by the then draft General Plan 2000; and
WHEREAS, on July 20, 1987, upon appeal by the applicant,
the City Council found that there were unique circumstances
surrounding the application and, in consideration of those
circumstances, directed staff to accept the application for
processing; and
WHEREAS, on October 23, 1987, the application (ED87-95)
was deemed complete for processing by the Planning Department;
and
WHEREAS, on June 21, 1988, the City Council considered
the applicant's request to permit the development of the subject
site with a floor area ratio comparable to other nearby and
adjacent properties, and with such consideration acted to direct
the Planning Department to prepare language for insertion to
the draft General Plan providing for a specific exemption of
ORGG6Ni�� 78,6
the subject site from floor area ratio limits set by the draft
General Plan 2000; and
WHEREAS, on July 12, 1988, the City Council adopted
the draft General Plan 2000, which as a result of the Council's
June 21, 1988 action had been amended to include General Plan
Policy ESR -34 (Nolan) which stated "In accordance with unique
and special circumstances delineated by resolution, allow the
property owner of 9-132-21 to proceed with FAR's consistent
with other developed Bahia properties, recognizing that such
an FAR is not guaranteed but must meet design review and other
Ciyt standards."; and
WHEREAS, on October 11, 1988, the Planning Commission
conditionally approved ED87-95, finding that together with
the conditions of approval the proposed project was consistent
with General Plan 2000 including Policy ESR -34; and
WHEREAS, on October 14, 1988, the applicant appealed
to the City Council condition (q) of the Commission's approval,
seeking exemption from the Priority Projects Procedure established
in accordance with General Plan Policy C -b; and
WHEREAS, on November 21, 1988, the City Council held
a public hearing and considered the appeal and the findings
of the Planning Commission and accepted public testimony.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael
City Council denies the subject appeal and upholds the conditions
of approval as approved by the Planning Commission based on
the following finding:
The proposed project has impacts which are individually
limited but cumulatively considerable. The San Rafael
General Plan 2000 EIR has established that the immediate
development of vacant properties in circulation impacted
areas such as East San Rafael would produce traffic volumes
that would in turn cause adopted level of service (LOS)
standards (midpoint LOS D) to be exceeded. The General
Plan EIR has established that exceeding these standards
represents a significant impact on the environment. There
is limited capacity available for additional traffic which
would not cause level of service standards to be exceeded.
This remaining capacity will be allocated to certain projects
in circulation impacted areas through General Plan Program
C -b (priority project processing) which provides for mitigation
of traffic impacts in circulation impacted areas. The
proposed project is located in a circulation impacted
area and is subject to the City's priority processing
system.
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 5TH day of DECEMBER ,
1988, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer and Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
J&kNE M. LEONCMI, City Clerk