HomeMy WebLinkAboutCC Resolution 11290 (St. Vincent Village Project Denial)RESOLUTION NO. 11290
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
DENYING THE APPEAL OF THE CITY'S DETERMINATION
THAT THE ST. VINCENT'S VILLAGE PROJECT APPLICATION
FOR VESTING TENTATIVE MAP IS INCOMPLETE AND CONFIRMING THAT
APPLICATIONS FOR PREZONING, GENERAL PLAN AMENDMENT, PLANNED
DEVELOPMENT, USE PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW
PERMIT ARE ALSO INCOMPLETE
WHEREAS, on March 18, 2002, Shapell Industries of Northern California and the Catholic
Youth Organization of the Archdiocese of San Francisco ("Applicant" herein) submitted
applications for various entitlements, including Prezoning, General Plan Amendment, Planned
Development, Use Permit, Enviromnental and Design Review Permit and Vesting Tentative
Map, to develop the St. Vincent's Village project on a portion of the lands of St. Vincent's School
for Boys; and
WHEREAS, upon review of the applications, staff determined on April 17, 2002 that the
applications were incomplete; and
WHEREAS, on May 14, 2002, June 7, 2003, July 23, 2002, August 30, 2002, October 9, 2002
and February 13, 2003 staff subsequently determined that the applications remained incomplete,
except for the Annexation application which was determined to be complete on August 9, 2002;
and
WHEREAS, City staff and Applicant agreed, upon Applicant's request and acknowledgment,
that numerous application requirements, as delineated in City staff report, would be provided at a
later time in conjunction with completion of the Environmental Impact Report (EIR) concerning
the project, and that, accordingly, project applications, including specifically the application for
Vesting Tentative Map, would not be complete until submission of the draft EIR; and
WHEREAS, on February 18, 2003 the Applicant stated its intention to file an appeal of the
City's February 13, 2003 incompleteness determination with regard to its Vesting Tentative Map
application, and on February 21, 2003 Applicant timely filed a formal letter of appeal and
applicable fee as required by the City's appeal procedures; and
WHEREAS, on April 7, 2003, the City Council held a duly noticed public hearing on the
Applicant's appeal during which it received all oral and written public testinion}. the written
report of the Department of Comununity Development and all attachments to said report; and
'*'4'IIEREAS, after considering all oral and written testimony, the written report of the
Department of Community Development and all attachments thereto, all of which documents are
incorporated herein as if fully set forth;
NOW, THEREFORE, the City Council of the City of San Rafael does hereby resolve as
follows:
I . The Applicant's appeal of the staff determination that the Vesting Tentative Map
application is incomplete, is hereby DENIED.
2. The denial of applicant's appeal of the staff's determination of incompleteness is based
upon the following facts and findings:
a. The facts as detailed in the recitals above, in the staff report and in the attachments to
the staff report, are true and correct and are incorporated herein as if fully set forth.
b. The Applicant acknowledged and agreed, as early as the summer of 2002, that
numerous application requirements, including the application for Vesting Tentative Map,
requested by City staff to render said development applications complete, would be
provided by the Environmental Impact Report consultant at the time of the submission of
the draft EIR, which document has not yet been prepared.
c. The applicant failed to complete all requirements and provide all submissions for its
Vesting Tentative Map application.
d. The Applicant did not file an application and did not pay fees for a Tentative Parcel
Map thereby leaving the pending Vesting Tentative Map application continuously and
currently incomplete as detailed in the staff report, the pertinent provisions of which are
incorporated herein.
e. The Applicant has not submitted remaining incomplete application materials, including
materials required to be submitted by the Vesting Tentative Map application, detailed in
the incompleteness letter of February 13, 2003, and the Applicant has provided no
response or information as to the current status of the individual outstanding incomplete
items.
3. Applicant's applications for Prezoning, General Plan Amendment, Planned Development.
Use Permit, Environmental and Design Review Permit remain and are hereby confirmed as
incomplete as of the date of this Resolution.
1, 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
City Council of said City held on Monday, the 7th day of April, 2003 by the following vote, to
wit:
AYES: COUNCIL MEMBERS: Fiel ler, Miller, Phillips and Mayor Boro
-',,TOES: COUNCIL 'MEMBERS: None
ABSENT: COUNCIL MEMBERS: Cohen
JEANNE M. L,FONCINI, City Clerk
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