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Home My WebLink AboutCC Resolution 7997 (The Office Project)RESOLUTION NO. 7997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING WITHOUT PREJUDICE A USE PERMIT AND CONCURRENTLY TAKING NO ACTION REGARDING THE EIR/NEGATIVE DECLARATION REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN THE RECONSIDERATION OF PREVIOUS CITY COUNCIL ACTIONS WHICH UPHELD AN APPEAL AND OVERTURNED SAN RAFAEL PLANNING COMMISSION APPROVAL OF A NEGATIVE DECLARATION AND A USE PERMIT (UP88-55) FOR A 110,000 SQUARE FOOT OFFICE BUILDING INCLUDING DELICATESSEN (THE OFFICE PROJECT) TO BE LOCATED ON MCINNIS PARKWAY (APN 180-410-05) WHEREAS, following a determination that the City of San Rafael (City) is the Lead Agency for the environmental review of the Office project and following a review of the Office project applications for Use Permit and Environmental and Design Review permit, an Initial Study was prepared by City staff; and WHEREAS, the Initial Study concluded that a Negative Declaration should be adopted for the Office project; and WHEREAS, prior to Planning Commission public hearings held to consider the Negative Declaration and the merits of the Office project applications notice that the Lead Agency proposed adoption of a Negative Declaration was provided to the public by direct mailing to owners of property contiguous to the project and to other organizations and individuals, including those who had previously requested such notice; and WHEREAS, noticed and/or continued Planning Commission hearings were held to consider the Negative Declaration and the Office project applications consisting of a Use Permit UP88-55 and Environmental and Design Review permit ED88-37 on September 13, 1988, September 27, 1988 and March 14, 1989; and WHEREAS, on March 28, 1989, the Planning Commission adopted Resolution No. 89-7 approving the Negative Declaration, approving Use Permit UP88-55 and denying without prejudice Environmental and Design Review permit ED88-37, to implement decisions made March 14, 1989; and WHEREAS, by a letter dated March 21, 1989 the Planning Commission approvals of the Negative Declaration and Use Permit UP88-55 were appealed to City Council by the Marin Audubon Society, the Marin Conservation League, the Mont Marin Homeowners' Association and the Terra Linda Homeowners' Association; and 1 Tyr WHEREAS, on April 3, 1989 the City Council held a noticed hearing to consider the appeal and accepted written and oral public comment on the Negative Declaration and Use Permit UP88- 55; and WHEREAS, on April 3, 1989, following City Council review and consideration of the letter of appeal and a staff report regarding the appeal and the Negative Declaration, the City Council voted to uphold the appeal, overturning the Planning Commission approval of the Negative Declaration, requiring preparation of an EIR focused on endangered species impacts and denying Use Permit UP 88-55; and WHEREAS, by a letter dated April 4, 1989 Councilmember Thayer requested and on April 17, 1989 the City Council voted to reconsider its actions of April 3, 1989 at a future meeting, and on June 19, 1989 a noticed City Council hearing was held for the reconsideration; and WHEREAS, on June 19, 1989 the City Council reviewed and considered a Staff Report for agenda item 14 (report incorporated herein by reference) which report includes previous relevant staff reports, other documents and includes by reference other relevant documents including but not limited to the Negative Declaration which was approved by the Planning Commission; and WHEREAS, on June 19, 1989 the City Council accepted and considered additional information consisting of oral testimony and documents presented during the hearing; and WHEREAS, on June 19, 1989 the City Council was informed that in denying a project the City Council was not required to take action with respect to the EIR/Negative Declaration requirements of the California Environmental Quality Act concerning the Office project; NOW THEREFORE BE IT RESOLVED, that the City Council following its review and consideration of the information presented for the June 19, 1989 reconsideration hearing finds as follows: 1. Circumstances pertinent to the Use Permit application have changed since the Use Permit UP88-55 was approved by the Planning Commission and initially appealed to the City Council, in that a final design for the Embassy Suites has been approved by the City. This creates additional criteria against which the Office Use Permit should be reviewed. For example, the pedestrian orientation of the 2 Offices may be improved if the building were moved closer to McInnis to more closely approximate the McInnis setback of the hotel. The office project Use Permit should be reviewed in the context of such circumstances prior to Use Permit approval. Such a review is essential to assure that the square footage, height, footprint and siting of the office building, as authorized by the Use Permit, are compatible with the Embassy Suites hotel project. Such a review should include consideration by and the recommendations of the Design Review Board and Planning Commission. Denial without prejudice of the current application is warranted to allow future detailed review by the Board and Commission. 2. Approval of the massing of the Office building without reviewing the other aspects of the Office design is contrary to the intent of the Zoning Ordinance section 14.11.050 D which requires that "proposed structures and site development shall be related harmoniously and have good space and relationship to the terrain and existing structures and development in the vicinity." Approval of the building mass and footprint, as was done by the Planning Commission forecloses the possible design alternatives for achieving maximum feasible compatibility with the nearby Embassy Suites as required by 14.11.050 D. Inconsistency with section 14.11.050 D warrants denial without prejudice. 3. Approval of the Use Permit with the commitments to footprint, square footage, site plan and height as approved by the Planning Commission precludes possible design options that would attain design compatibility with Embassy Suites such as two separate buildings or two story height limits, when such options may be desirable to achieve consistency with zoning Ordinance section 14.11.050 D. 4. Within the Civic Center North planned development, the City Council finds the "street-scape" of McInnis Parkway should incorporate better pedestrian orientation if the Office building were sited closer to McInnis Parkway as has been approved for the Embassy Suites hotel. Such modification is not incorporated in the proposed Use Permit. General Plan policy LU -36h states criteria for "pedestrian oriented streets" which criteria include "maintain human scale". City Council finds the Office project should maintain human scale and pedestrian orientation. The development which would be authorized by the proposed Use Permit does not incorporate such scale and orientation, thus denial without prejudice of the Use Permit is warranted. 5. Viewed within the context of the recently approved Embassy Suites hotel project, the City Council finds the proposed building footprint and mass which would be authorized by the proposed Use Permit do not demonstrate an appropriate transition in size and scale from the relatively intensive five story hotel land use to the less intense Marin Lagoon two story residential land use. Adequate transition can not be demonstrated based on our analysis of building footprint and massing alone but requires additional architectural details as are required in the environmental and design permit and review process. Such a transition is necessary for the office project to serve as a buffer. The need for such a NG -10 which states in part: "The previously approved office use is retained on this site to provide a buffer between Marin Center uses and residential areas." Lack of compliance with NG -10 warrants denial without prejudice. 3 BE IT FURTHER RESOLVED the City Council on reconsideration of the proposed project and based upon the foregoing findings denies without prejudice Use Permit UP 88-55; and BE IT FURTHER RESOLVED the City Council on reconsideration reverses its previous action to require for the Office project an EIR focused upon endangered species impacts; and BE IT FURTHER RESOLVED the City Council on reconsideration and based upon its denial of the requested Use Permit takes no action to either approve or deny the Negative Declaration. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Mondav , the Third day of Julv 1989, by the following vote, to wit: AYES: COUNCILMEMBERS : Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS : Frugoli ABSENT: COUNCILMEMBERS : None JEO&". LEONCIN , City Clerk 4