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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