HomeMy WebLinkAboutCC Resolution 7524 (1200 Lincoln Ave Permits)RESOLUTION NO. 7524
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING STAFF TO ISSUE BUILDING
PERMITS FOR A 1,500 SQUARE FOOT SECOND FLOOR EX-
PANSION TO THE FORMER TICOR OFFICE BUILDING
LOCATED AT 1200 LINCOLN AVENUE
WHEREAS, on October 16, 1986, consistent with 1985 use and
design review permit approvals, the applicants attempted to request
building permit approvals for a 1,500 square foot second floor
expansion to the former Ticor office building. The addition would
create an overall building to property Floor Area Ratio of .48; and
WHEREAS, Planning Department staff reviewed the request
finding that the proposal is inconsistent with the Draft General
Plan because it exceeds the recommended Floor Area Ratio limit of
.4, designated for this property; and
WHEREAS, consistent with Resolution No. 7427 adopted by
the City Council on September 2, 1986, staff did not grant building
permits for the 1,500 square foot addition. Resolution No. 7427
stipulates that until the Draft General Plan revision is adopted,
the Planning Department can accept, process and act on only
development applications that are consistent with the land use
designation and Floor Area Ratio limits for the property; and
WHEREAS, the applicants were directed by staff to
participate in the Draft General Plan review process; furthermore,
the applicants were urged to submit written comments on the draft
document and recommended policies for Floor Area Ratio limits; and
WHEREAS, on December 8, 1986, the applicant submitted
written comments on the Draft General Plan requesting an amendment
to the Floor Area Ratio limits from .4 to .48 for the subject
property. The applicant argues that the addition would be
accomplished entirely within the building, not resulting in any
exterior expansion. Furthermore, the applicant contends that the
previously approved use and design review permits for the expanded
addition were still valid; and
WHEREAS, on February 20, 1987, the Planning Department
staff provided a written response to the applicant's comments on a
Draft General Plan. Staff again informed the applicants that
building permits could not be granted given the recommendation and
the status of the Draft General Plan review process. The applicants
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'RESOLUTION NO. 7r,-)4
were also informed that staff's decision not to issue a building
permit for this addition could be appealed to the City Council
within 7 calendar days; and
WHEREAS, on February 26, 1987, the applicant appealed
staff's decision to the City Council. A lengthy letter of appeal
was filed to substantiate and support approval of the permit. The
applicant's justification for granting the appeal included the
following points:
1. Use and design review permits for the addition
and remodel were granted in July 1985 to the Marin
Financial Corporation, previous owners. Because of the
previous owners financial difficulties, the project did
not immediately go forward with construction. Although
building permits were ready to be issued, the former
owners defaulted with the building being deeded to the
lender in April 1986. The present owners diligently
pursued purchase of the property but escrow did not close
until late 1986. The chronology and timing of the
previous approvals, moratorium and introduction of the
Draft General Plan with Floor Area Ratio limits all
created an atypical, unusual situation which is worthy of
special consideration and application.
2. The applicants claim that the proposal would be
consistent with the use and design review permit
approvals that were granted in July 1985, which were
still valid during the Citywide moratorium. If it were
not for the Citywide moratorium, building permits would
have been issued and the project would most likely be
completed by this time.
3. The applicants claim that the proposed Floor
Area Ratio of .48 is not that significantly greater than
the recommended limit of .4; and
WHEREAS, on April 6, 1987, the City Council held a public
hearing on the appeal. After receiving public testimony and
discussing the item at length, the City Council agreed with the
various points raised by the applicant for granting of the building
permits. The City Council found that there are special
'RESOLUTION NO. 7-4
circumstances in this situation that warrant approval of the
building permits;
NOW, THEREFORE, BE IT RESOLVED that the City Council
authorizes the issuances of building permits for a 1,500 square foot
expanded addition to the second floor of the former Ticor building
based on the following findings:
1. There are special and unusual circumstances
surrounding the proposed addition which warrant approval
of the building permits and which conclude that a
precedent would not be set with this action. City use
and design review permits were approved in July 1985 and
were still valid through the Citywide moratorium. If the
moratorium had not been imposed, the permits could have
been issued as presently requested. Furthermore,
building permits were ready to be granted prior to the
moratorium but because of financial constraints of the
previous owner, the property default, and the timing
involved to sell the building to and close escrow with
the present applicants, these permits could not be
secured in a timely manner.
2. Additionally, there are special circumstances
surrounding the present status of the subject project
which warrant approval of the building permits. This
proposal is the only fully approved non-residential
development project which did not secure building
permits and commence with construction prior to the
initiation of the Citywide moratorium. Furthermore,
this proposal is the only fully approved non-residential
project which is directly affected by and inconsistent
with the proposed Floor Area Ratio limits recommended in
the Draft General Plan. Thus, the granting of building
permits for this project would not create a precedent
for other similar requests which could directly impact
the recommendation of the Draft General Plan or the
Floor Area Ratio methodology.
3. Approval of this 1,500 square foot addition does
not result in any exterior expansion, change in building
footprint, building profile or building bulk. The
'.act
RESOLUTION NO. 75n^
addition is accomplished through expansion of an interior
mezzanine area which presently exists. Approval of this
addition within the confines of the existing building
shell and footprint would not affect any of the draft
design or land use designation policies of the Draft
General Plan.
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 the 20th day of April , 1987, by the following vote,
to wit:
AYES: COUNCILMEMBERS• Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JN M �LEONCI I, City Clerk
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