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HomeMy WebLinkAboutResolution No. 6598 (Marin Sanitary Public Use)RESOLUTION NO. 6598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL UPHOLDING THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF UP80-6(b) AND DENYING THE APPEALS WHEREAS, in August of 1982 the City received a request from Marin Sanitary Service for a use permit amendment (UP80-6(b)) to allow public use of its transfer facility on Andersen Drive; and WHEREAS, following the submittal, the Council received a request from San Quentin Disposal for an exclusive franchise to operate a public disposal facility; and WHEREAS, the Council denied San Quentin's request and urged that both parties work out a mutually acceptable date for commencement of the Marin Sanitary public disposal use; and WHEREAS, both parties agreed that the Marin Sanitary operation could begin on or after October 1, 1986 and the City Council on March 7, 1983 directed City staff to use that effective date in the processing of the use permit amendment; and WHEREAS, the Planning Commission on June 14, 1983 con- cluded that the project is consistent with the Marin County Solid Waste Plan and the site is well suited for public use; and WHEREAS, on June 14, 1983 the Planning Commission cer- tified a Negative Declaration and conditionally approved UP80-6(b); and WHEREAS, the Planning Commission decision was appealed by Fred Grange and Said Mokhtarzadeh; and WHEREAS, alleged grounds for the appeals are discussed in the City Council staff report dated July 18, 1983 herein incorporated by reference; and WHEREAS, the San Rafael City Council held a duly noticed public hearing on the matter and received all testimony on both appeals. o - 1 - RESOLUTION NO. 6598 NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council upholds the Planning Commission's conditional ap- proval of UP80-6(b) and denies the appeals pursuant to the following findings of fact: 1. Operation of the use by commercial scavengers prior to October 1, 1986 is inconsistent with prior Council action. On March 7, 1983, the City Council directed staff to use that effective date in processing the use permit request. Initi- ation of the use on or after 1986 will allow sufficient time a) for San Quentin Disposal to fill its site consistent with approved redevelopment plans for that site; and b) for the City of San Rafael to complete the analysis of cumulative traffic impacts in East San Rafael. 2. The proposed use would not result in adverse traffic impacts because the use as approved by the Planning Commission would only operate within the PM peak if authorized by the City following analysis of Citywide traffic impacts. BE IT FURTHER RESOLVED that a new condition (g) is added to UP80-6(b) consistent with agreement between appellant Mokhtarzadeh and Marin Sanitary Service, said condition (g) to read: (g) At any time within one year from the date the facility is opened to the public, the City shall have the right to require the installation of additional ingress and egress off Andersen Drive if traffic conditions warrant, and the applicant shall in the meantime reserve sufficient property for that purpose. - 2 - RESOLUTION NO. 6598 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 fifteenth day of August ,1983, by the following vote, to wit: AYES: NOES: ABSENT: 26.1 A/24 COUNCILMEMBERS: Breiner, Frugoli, Jensen & Miskimen COUNCILMEMBERS: Mayor Mulryan COUNCILMEMBERS: None - 3 -