HomeMy WebLinkAboutCC Resolution 8169 (Smith Ranch Road)RESOLUTION NO. 8169
A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL CERTIFIYING
A NEGATIVE DECLARATION FOR AMENDMENT OF POLICY LU -17 OF
THE SAN RAFAEL GENERAL PLAN 2000 ("TRANSFER OF FLOOR AREA
RATIO"), ADOPTING SAID AMENDMENT, AND TRANSFERRING 5305
SQUARE FEET OF PUBLIC/QUASI PUBLIC FLOOR AREA TO THAT AREA
OF SMITH RANCH PARCEL THREE DESIGNATED FOR OFFICE/RETAIL
DEVELOPMENT.
(RE: GPA90-1 -101 & 111 SMITH RANCH ROAD)
WHEREAS, upon review of the proposed General Plan Amendement
and its proposed application to the Smith Ranch Parcel Three project in
accordance with the requirements of California Environmental Quality Act
(CEQA), an Initial Study was completed by Planning Department staff; and,
WHEREAS, it was concluded in the Initial Study that neither the
proposed General Plan Amendment nor its application to the Smith Ranch
Parcel Three project had the potential for creating a significant impact on the
environment; and,
WHEREAS, on March 27, 1990, the San Rafael Planning Commission
held a duly noticed Public Hearing on the proposed General Plan
Amendment and its application to the Smith Ranch Parcel Three project,
accepting public testimony and the written report of the Planning Department
staff; and,
WHEREAS, the City Planning Commission recommended the
adoption of the General Plan Amendment, its application to affect a transfer
of 5305 square feet of floor area from a Public/Quasi-Public portion of the
Smith Ranch Parcel Three site to the Office/Retail portion of the site, and
Certification of a Negative Declaration therefore to the City Council; and,
WHEREAS, the Planning Commission recommended that General
Plan policy LU -17 be amended to read as follows:
"LU -17 Transfer of FAR's among sites. FAR transfers between or
among sites shall not be permitted except where the City Council finds
one or both of the following:
1. Unique or special circumstances are found to exist
IHIGINAI
(e.g., elimination of wetlands or destruction of historic
buildings) which would cause severe environmental impacts if the
transfer is not allowed;
2. A significant public benefit will be provided, such as securing a new
public facility site (e.g., park, school, library, fire station, police
station, etc);
In order for an FAR transfer to occur pursuant to this policy, the applicant
shall demonstrate that the parcel from which and to which the FAR is
transferred meets all the following criteria:
A.) The development of the beneficiary parcel is
consistent with the General Plan 2000, except that FAR's may be
exceeded. It must also be demonstrated that all applicable zoning
and design parameters and criteria are complied with;
B) Traffic impacts from the subject properties impact
the same interchange(s);
C.) The total number of trips generated from the
proposal will not exceed the total General Plan trip
allocations for the subject parcel(s)."
WHEREAS, the General Plan Amendment would be in the Public
interest; and,
WHEREAS, the City Council determined that the recommended
General Plan Amendment did not have the potential for creating a significant
impact on the environment and therefore Certified a Negative Declaration in
accordance with the California Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City
Council finds there is no substantial evidence in the record showing that the
General Plan Amendment could have a significant effect on the
environment and certifies the Negative Declaration.
BE IT FURTHER RESOLVED that the City Council does hereby amend
General Plan policy LU -17 as recommended by the Planning Commission.
BE IT FURTHER RESOLVED that the City Council does hereby approve
a transfer of 5305 square feet of Floor area from the Public/Quasi-Public
portion of the Parcel Three site to the Office/Retail portion of the site.
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 7th
day of May , 1990, by following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
JE E M. LEONCINI, City Clerk