HomeMy WebLinkAboutCC Resolution 7336 (McDonald's Restaurant)RESOLUTION NO. 7-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL DENYING WITHOUT PREJUDICE APPLICA-
TIONS FOR GENERAL PLAN AMENDMENT AND REZONING FOR
A FAST FOOD RESTAURANT AT 170 MERRYDALE ROAD
(McDONALD'S RESTAURANT)
WHEREAS, applications for General Plan amendment,
rezoning, use permit and design review for the McDonald's restaurant
at 170 Merrydale road were completed on April 17, 1985; and
WHEREAS, pursuant to San Rafael Urgency Ordinance No. 1529
adopted by the City Council March 3, 1986, further processing of the
applications is prohibited; and
WHEREAS, on March 25, 1986, the San Rafael Planning
Commission denied without prejudice the use permit and design review
applications to avoid automatic approval of these non -legislative
applications on April 17, 1986, pursuant to State Government Code
Sections 65950 and 65956(b); and
WHEREAS, on March 25, 1986, the San Rafael Planning
Commission recommended to the City Council denial without prejudice
of the applications for the General Plan amendment and rezoning,
finding that denial of the applications for use permit and design
review precluded adequate environmental analysis and review of the
applications for General Plan amendment and rezoning due to their
interdependent nature; and finding that denial of the applications
for General Plan amendment and rezoning would avoid a piecemeal
approach to the handling of concurrent applications for a single
project located in an area being given special evaluation during
revision of the General Plan; and
WHEREAS, on April 21, 1986, the City Council conducted a
public hearing and considered all information and testimony
presented.
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of San Rafael, California, does hereby deny without prejudice
applications for General Plan amendment and rezoning for the
McDonald's restaurant at 170 Merrydale Road, based upon findings as
follows:
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RESOLUTION NO. 7336
(1) Such action is necessary and appropriate pursuant to
San Rafael Urgency Ordinance No. 1529 adopted March 3, 1986,
prohibiting further processing of the applications for General Plan
amendment and rezoning;
(2) Because on March 25, 1986, the Planning Commission
denied without prejudice the applications for use permit and design
review, which are integral parts of the entire development project
application; because adequate environmental analysis and review for
the General Plan amendment and rezoning applications are dependent
upon the details contained in the denied applications for use permit
and design review; and to avoid a piecemeal approach to the handling
of concurrent applications for a single project; and
(3) Land use and circulation issues in the Northgate
Activity Center are being evaluated in the ongoing General Plan
revision, which may affect City evaluation of this proposed project.
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 21st day of April 1986, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEVNt—M. 12rr7--cd,�ty Clerk
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