HomeMy WebLinkAboutCC Resolution 9816 (Northgate General Plan Amendment)RESOLUTION #9816
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING A GENERAL PLAN AMENDMENT TO PROVIDE
AN EXEMPTION TO THE GENERAL PLAN FLOOR AREA
RATIO OF .30 FOR REDEVELOPMENT OF PARCELS WITHIN
THE NORTHGATE INDUSTRIAL PARK WHICH HAVE
HISTORIC TRIPS UNDER THE CITY'S 1983-1986 TRAFFIC
MODELING SYSTEM. The Northgate Industrial Park consists
of 57 acres located in Northeast San Rafael in the area of Old
Redwood Highway, Mitchell Blvd., Paul Drive, Mark Drive and
San Carlos Court. Semik Oungoulian, applicant; Peter Brekhus,
Attorney at Law, Representative.
WHEREAS, on November 7, 1996 an application by Semik Oungoulian for a General Plan
Amendment to provide an exemption to the General Plan Floor Area Ratio (FAR) of .30 for
redevelopment of parcels within the Northgate Industrial Park which have historic trips
under the City's 1983-1986 traffic modeling system was found by the Planning Department
to be complete for processing; and,
WHEREAS, copies of the proposed general plan amendment were referred to agencies,
adjacent jurisdictions, and the North San Rafael Coalition for comments as required by the
City's General Plan Amendment procedures; and
WHEREAS, upon review of the subject application a Mitigated Negative Declaration was
prepared consistent with the requirements of the California Environmental Quality Act
(CEQA) and the Negative Declaration identified two sites which would be allowed
additional FAR under the amendment, 65 Mitchell Boulevard and the Pacific Bell site; and,
WHEREAS, notification of the proposed general plan amendment and negative declaration
occurred as specified by law; and,
WHEREAS, the San Rafael Planning Commission is required by state law to hold at least
one public hearing and make a written recommendation to the legislative body on the
adoption of any General Plan Amendments; and,
WHEREAS, the Planning Commission held a public hearing on February 25, 1997 to hear
public comments on the proposed amendment and the Planning Commission determined
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that the General Plan Amendment should be considered in the context of the North San
Rafael Vision which is evaluating land use issues in North San Rafael; and
WHEREAS, the Planning Commission recommended that the City Council deny the
proposed General Plan Amendment without prejudice; and
WHEREAS, the San Rafael City Council held a public hearing on March 17, 1997 to take
public comments on the proposed amendment; and
WHEREAS, the March 17, 1997 staff report to the City Council analyzed the amendment,
including the processing history for the site which contained two important facts: 1) there
were two previous requests for additional FAR for the 65 Mitchell Blvd. site which were
denied; and 2) even though the applicant constructed a 15,400 sq. foot building, the Use
Permit, Environmental and Design Review Permit, and building permit which were issued
restricted occupancy of the building to 9,100 square feet, consistent with the .30 FAR; and,
WHEREAS, the staff report stated that the purpose of Floor Area Ratios is to regulate
building intensity, mass, parking, and traffic; and
WHEREAS, the City Council received public testimony and letters requesting that the
General Plan Amendment be denied because the applicant was aware of the .30 FAR
limitation when he constructed the building at 65 Mitchell and the amendment would
allow an additional 5,400 square feet of the building to be occupied and could create traffic
and parking problems; and
WHEREAS, the City Council had denied similar requests by the applicant for additional
FAR based on historic trips for the 65 Mitchell site on July 18, 1988 when it adopted the
General Plan 2000 and on January 17, 1989 when it denied an appeal by the applicant to
build a 16,300 square foot building on the site; and
WHEREAS, the Council determined that there have been no changes in circumstances
since these decisions which would warrant approving the general plan amendment; and
WHEREAS, the City Council further determined that that there is no public benefit to
amending the general plan to allow the additional FAR because the staff report and public
comments noted that this amendment could set a precedent for similar requests for
increased FARs elsewhere in the City and that increased FARs could create parking, traffic
and massing problems.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby denies the
proposed General Plan Amendment.
The foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the San Rafael City Council held on the 7th day of April, 1997, by the following
vote, to wit:
AYES: COUNCILMEMBERS : Cohen, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : Phillips
Jeanne M. Leoncini, City Clerk