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
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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.
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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
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