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HomeMy WebLinkAboutCC Resolution 11846 (Lincoln Condominiums)RESOLUTION NO.] 1846 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL GRANTING AN APPEAL FROM THE PLANNING COMMISSION'S DECISION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED04-102), USE PERMIT (UP05-032) AND VESTING TENTATIVE CONDOMINIUM MAP (TS05-001) TO DEMOLISH EXISTING RESIDENTIAL BUILDINGS LOCATED AT 1203 AND 1211 LINCOLN AVENUE (APNs: 011-184-08 AND 09) IN ORDER TO CONSTRUCT A NEW 60,433 -SQUARE -FOOT 36 -UNIT RESIDENTIAL CONDOMINIUM BUILDING WITH ASSOCIATED PARKING AND LANDSCAPING. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT: WHEREAS, on May 31, 2005, a revised Environmental and Design Review Permit application and Vesting Tentative Condominium Map application were received by the Community Development Department requesting approval of construction of a 36 -unit residential condominium building at 1203- 1211 Lincoln Avenue with associated parking and landscaping improvements, and WHEREAS, on June 29, 2005 a Use Permit application for a height bonus was received by the Community Development Department and on July 6, 2005, the Environmental and Design Review Permit, Vesting Tentative Map and Use Permit applications were deemed complete for processing; and WHEREAS, an Initial Study/Mitigated Negative Declaration analyzing potential environmental impacts of the project and identifing potentially significant impacts on Air Quality, Cultural Resources, and Noise was prepared, noticed in a local newspaper of general circulation in the area and mailed to surrounding property owners and occupants within a 300 foot radius of the subject property, as well as to pertinent agencies (including responsible and trustee agencies), organizations and special interest groups pursuant to CEQA Guidelines Section 15072; and copies of the Initial Study/Mitigated Negative Declaration were made available for a 20 -day review period, commencing July 6, 2005, for review by pertinent agencies and interested members of the public; and WHEREAS, on July 26, 2005, the Planning Commission conducted a duly -noticed public hearing on the proposed project and the associated Mitigated Negative Declaration, accepted all oral and written public testimony and the written report of the Department of Community Development, and, on a 3-2-2 vote, adopted Resolution Nos. 05-11 and 05-12 adopting the Mitigated Negative Declaration and approving an Environmental and Design Review Permit (ED02-089), a Use Permit (UP05-032) a height bonus and a Vesting Tentative Condominium Map (TS05-001) for a 36 -unit condominium project; and WHEREAS, on August 2, 2005, a timely appeal of the Planning Commission's decision was filed within the statutory appeal period; and WHEREAS, on October 17, 2005, following requests for continuances by the project applicant and the appellants, the City Council conducted a duly noticed public hearing on the proposed project entitlements and the Mitigated Negative Declaration and accepted all oral and written public testimony and the written report of the Department of Community Development; NOW, THEREFORE, BE IT RESOLVED, the City Council hereby grants the appeal of the Planning Commission's decision adopting the Mitigated Negative Declaration and approving an Environmental and Design Review Permit (ED02-089), a Use Permit (UP05-032) a height bonus and a Vesting Tentative Condominium Map (TS05-001) for a 36 -unit condominium project, finding that: 1. Having exercised its independent judgment in evaluating the Mitigated Negative Declaration, the City Council has determined that there exist potentially significant impacts to cultural or historical resources such that preparation of an Environmental Impact Report (EIR) is necessary. In particular, the existing buildings at 1203 Lincoln Avenue are included in the San Rafael Historical/Architectural Survey by Charles Page & Associates, updated in 1986. Pursuant to California Public Resources Code Section 21084 and California Environmental Quality Act (CEQA) Guidelines Section 15064.5(a) (2), any property on such an historical survey is presumed to be historically and culturally significant, and such presumption may only be rebutted by a preponderance of the evidence. The evidence in the record here, and in particular the Historical Resource Evaluation of the proposed project site prepared on March 29, 2005 by the outside consulting firm of Page & Turnball, indicates that the property at 1203 Lincoln is of historical or cultural significance and therefore is entitled to the presumption of historical or cultural significance afforded by the above-cited provisions of state law. 2. Pursuant to California Public Resources Code Section 21084.1 and California Environmental Quality Act (CEQA) Guidelines Section 15064.5(a) (3), any property determined to be eligible for listing in the California Register of Historical Resources is an historical resource. The evidence in the record, and in particular the Historical Resource Evaluation of the proposed project site prepared on March 29, 2005 by the outside consulting firm of Page & Turnball, indicates that the property at 1203 Lincoln appears eligible for the California Register under Criterion 1 (Events) as the first motel in San Rafael, and the property at 1211 Lincoln appears eligible for the California Register under Criterion 3 (Architecture) since the structure exhibits the distinctive characteristics of a type, period and region as typical of small single-family housing built for working-class citizens at the turn of the century in California, incorporating styles including Queen Anne and Colonial Revival. 3. Further, pursuant to CEQA Guideline Section 15064.5(b), the proposed project would cause a substantial adverse change in the significance of these historical resources, resulting in a potentially significant effect on the environment, in that the existing project approvals call for the demolition of the existing buildings at 1203 and 1211 Lincoln Avenue. The proposed mitigation measures in the Mitigated Negative Declaration are insufficient under current state statutory and case law, to sufficiently mitigate the project impacts on the affected historical and cultural resources (see Architectural Heritage Assoc. v. County of Monterey, 122 Cal App 4th 1095 (2004) and therefore the preparation of an EIR addressing the potentially significant environmental impact that will result from the demolition of the historically significant resources at 1203 and 1211 Lincoln Avenue is necessary. 4. The Planning Commission approvals having been based upon an insufficient environmental document, such approvals are vacated pending certification of the EIR required hereunder, and the remaining issues raised by appellants in their appeal therefore need not be decided. The City Council shall retain jurisdiction over the subject project in accordance with the provisions of Sections 2.40.010 and 14.28.050 of the San Rafael Municipal Code for the purposes of certification of the EIR herein required to be prepared by the applicant and to make such further project merits determinations and take such further action as it deems necessary and as is supported by evidence in the record of proceedings involving this development project. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the forgoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the 17`h day of October, 2005, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None JOANNE M. LEONCINI, City Clerk s��81.S N 5£9 a LES co rn U T r 909 u o T r r r r T T T O r AMJiS tL33"d1S SN3A31S E£9 v 9 £E9 OZ "�\ (D►� r- N tj N �n fSj CO L£9 8£9 LE9 I co M c N j i 1 O}!9 Un z�_ £E 9 �, N�� trot MnN�d 9£ O L£ tr�L OOL o trOL 6 0 LL 50L LA 60L M M U o EV Z W LLL ZLL W !- RU Od N c c o co c� Q o v£ LL c `to co `o`' � N -N N 06L = N o o o O Z£L co CL W co cvNt(� M i COZOB co cv o i ccc9UE i rco mOO L 6:! 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