HomeMy WebLinkAboutResolution No. 5642RESOLUTION NO. 5642
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
STATING THE CONCLUSION AND FINDINGS
REGARDING APPLICATION Z77-7 (PEACOCK GAP REZONING)
WHEREAS, the San Rafael City Council on February 20, 1979,
held a public hearing to consider an appeal concerning the denial of
rezoning request Z77-7 by the San Rafael Planning Commission on
January 10, 1979; and
WHEREAS, the proposed rezoning requested the adoption of a
P -D (Planned Development) District zoning for Assessor's Parcel Nos.
186-470-13, 14 & 79, 186-480-01, & 184-010-36 which would implement a
master plan calling for the construction of 275 residential units; and
WHEREAS, an Environmental Impact Report was prepared for this
project and the Planning Commission recommended certification of the
EIR by the City Council; and
WHEREAS, the Planning Commission's denial is documented in
Resolution 79-1 attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City
Council certifies the EIR has been prepared in compliance with CEQA,
State and City Guidelines and that it has reviewed and considered the
information contained therein; and
BE IT FURTHER RESOLVED that the proposal to amend the
Municipal Code to rezone Assessor's Parcel Nos. 186-470-13, 14 & 79,
186-480-01, & 184-010-36 to a P -D (Planned Development) District
classification be denied due to the fact that the public necessity,
convenience, and general welfare will not be served by the enactment
of said zone reclassification, in that there is proposed an inappropriate
density for this site which in turn adversely affects traffic and
circulation within the neighborhood, and that there is no Neighborhood
Plan for the Peacock Gap area; and
BE IT FURTHER RESOLVED that the proposal is denied with
prejudice; and
THEREFORE, that staff is instructed to report to the City
Council alternative methods for developing a Neighborhood Plan for the
Peacock Gap area.
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael,
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hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the City Council
of said City held on Monday the nineteenth day of March ,
1979, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
If
EANNE M. LEONCINI, City Clerk
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EXHIBIT A
RESOLUTION NO. 79-1
RESOLUTION, REPORT, AND RECOMMENDATION OF THE CITY PLANNING
COMMISSION OF THE CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF
CALIFORNIA, TO THE CITY COUNCIL OF SAN RAFAEL RECOMMENDING
CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR
AND DENIAL WITHOUT PREJUDICE OF THE RECLASSIFICATION OF CERTAIN
REAL PROPERTY HEREINAFTER MORE PARTICULARLY DESCRIBED FROM P -C
(PLANNED COMMUNITY) DISTRICT TO P -D (PLANNED DEVELOPMEIIT)
DISTRICT BY AMENDING THE ZONING MAP ADOPTED BY REFERENCE BY
THE SAN RAFAEL MUNICIPAL CODE 14.15.020.
WHEREAS, January 10, 1979 was legally established for a public hearing of the Planning
Commission to consider certification of the Final Environmental Impact Report (EIR) and
the reclassification of certain real property, pursuant to the provisions of 14.92 of
the Municipal Code of the City of San Rafael, hereinafter more particularly described;
and,
WHEREAS, said hearing was duly held thereon, at which time all communications received
were noted, and all persons present and interested in the matters were heard; and,
WHEREAS, the City Planning Commission of the City of San Rafael has reviewed and con-
sidered the Draft EIR, responses to all comments on the Draft EIR, and the proposed
Final EIR; and,
WHEREAS, the City Planning Commission of the City of San Rafael has determined that
the proposed Final EIR meets all the standards.a.nd requirements of the California
Environmental Quality Act; and,
WHEREAS, the City Planning Commission of the City of San Rafael has determined that
the public necessity, convenience, and general welfare will not be served by the
enactment of said zone reclassification, in that, the proposed density is too high,
the traffic and circulation impacts are adverse, and the ultimate project would
adversely impact the surrounding neighborhood;
NOW THEREFORE, said City Planning Commission of the City of San Rafael does hereby
recommend certification of the Final EIR and denial without prejudice of the
reclassification of that certain property situated in the City of San Rafael, Marin
County, State of California, and described as follows: 170 acres at the end of
Biscayne Drive and 31 acres north of Pt. San Pedro Road and west of Cantera Way in the
Peacock Gap area (County Assessor's Parcel Nos. 186-470-13, 14 E 79, 136-4130-01, 184-010-36)
The foregoing Resolution was adopted at the regular City Planning Commission meeting
held on the 23rd day of January, 1979•
Moved by Commissioner
Nissen and seconded by Commissioner Starkweather
AYES: Commissioners Breiner, Duggan, Nissen, Starkweather, Lund
NOES: Commissioners None
ABSENT: Commissioncrs Boro, Norman
SAN RAFAEL PLANNING COMMISSION
ATTEST:
Raym6n6 L. Meador, Secretary flfford'S. Lund, Chai.man