HomeMy WebLinkAboutCC Resolution 6805 (Andersen Dr Appeal)RESOLUTION NO. 6805
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL UPHOLDING THE PLANNING COMMISSION'S
APPROVAL OF UP83-116 AND ED83-120 AND DENYING
THE APPEAL
(Andersen Drive and Dodie Street)
WHEREAS, the applicant's representative, Ray Hoffman III,
has proposed development of a 29,050 gross square foot office/light
industrial project on a 1.7 acre site directly east of the Marin
Surplus site on Andersen Drive; and
WHEREAS, on April 10, 1984, the San Rafael Planning
Commission conditionally approved both the use permit and design
review applications for the project with several standard conditions
of approval including a requirement for payment of a traffic
mitigation fee not to exceed $74,811 as modified by the Lee Saylor
Index to take into account inflation from January 1981 [condition
(d) of ED83-120]; and
WHEREAS, the applicant's representative was present at
the Planning Commission meeting of April 10, 1984, and did not
indicate any concern over recommended conditions of approval;
and
WHEREAS, the applicant's representative has now appealed
that Planning Commission action based upon grounds stated in the
letter of appeal dated April 17, 1984, and herein incorporated by
reference; and
WHEREAS, the City Council on May 8, 1984, held a duly
noted public hearing on said appeal; and
WHEREAS, the City Council considered a City staff report
for the item dated May 7, 1984, and herein incorporated by
reference, and all public testimony at the meeting.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City
Council upholds the Planning Commission's conditional approval of
UP83-116 and ED83-120 and denies the appeal with the following
f indings :
ORIUENNAL 6B oe,
RESOLUTION NO. 05
1. The number of peak hour trips utilized in the cal-
culation of traffic mitigation fees for the project is not over-
estimated. The peak hour trip estimate is based upon standard
traffic engineering assumptions, is wholly consistent with past
actions in East San Rafael, and provides credit for peak hour trips
from existing uses on the property.
2. On March 19, 1984, the City Council has concluded
that the per trip fee of $1919 is not excessive and/or burden-
some. Similar fees in Northgate have not substantially hindered
development in that area.
3. The requirement of traffic mitigation for new
development is not discriminatory in that existing projects which
generate traffic are not required to pay fees. Traffic mitigation
fees provide a direct mechanism of relating new development's
responsibility to fund transportation improvements needed to serve
its new traffic which would otherwise create adverse traffic
impacts for the general public. The City Council has directed
staff also to research the possibility of either an assessment
district or a Citywide tax as alternative funding methods and to
consider modifications to the M and C-2 Districts to expand City
discretionary permit jurisdiction in East San Rafael.
4. The requirement that the traffic mitigation fee be
paid at the time of building permit issuance is consistent with
Council Resolution 6716. In that Resolution, the Council made
findings that there is an immediate need to initiate the implemen-
tation program for East San Rafael traffic improvements.
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 7TH day of MAY 1984, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
JE M. LEONCINI, City Clerk
26.3 A/15
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