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HomeMy WebLinkAboutCC Resolution 15351 (Request to Amend the City of San Rafael's Downtown Precise Plan)RESOLUTION NO. 15351 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE DOWNTOWN PRECISE PLAN TO REMOVE ALL REFERENCES TO 1030 THIRD STREET AS A HISTORIC RESOURCE (APN 011-263-21) (PLAN24-156/ZO24-001) WHEREAS, the City of San Rafael adopted the Downtown Precise Plan (the “Plan”) in August 2021; and WHEREAS, the Plan established a list of eligible historic resources located in the Plan area; and WHEREAS, while the City and its agents diligently performed the task of evaluating eligible properties and establishing the list of historic resources, there is a process to re- examine any specific designation; and WHEREAS, in December 2022, the City was contacted by Monahan Pacific Corporation regarding the designation of the structure located at 1030 Third Street, San Rafael, California (the “Property”) as an eligible individual historical resource within the Plan; and WHEREAS, Monahan Pacific Corporation asserted that the Property should not be listed as an eligible individual resource within the Plan and retained the services of Mark Hulbert, a qualified Preservation Architect to prepare a historic resource evaluation of the Property (“Historic Resource Evaluation”); and WHEREAS, the Historic Resource Evaluation evaluated the Property and concluded that the Property should not be listed as an eligible individual resource within the Plan; and WHEREAS, qualified City staff peer-reviewed the Historic Resource Evaluation and concurred with its conclusion; and WHEREAS, to ensure the Plan is accurately implemented and applied, the City desires to amend the Plan to remove the Property from the list of eligible individual resources; and WHEREAS, the proposed amendment is “not a project” pursuant to the California Environmental Quality Act (“CEQA”) because removal of the designation will have neither a direct or reasonably foreseeable indirect impact on the environment. Even if the proposed amendment were to be considered a project under CEQA, it would be exempt from CEQA because it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment; and WHEREAS, on September 24, 2024, the Planning Commission held a duly -noticed public hearing where it considered the proposed amendment and voted to recommend approval of the amendment by the City Council; and WHEREAS, the City has complied with all noticing requirements for the proposed amendment, including a notice of public hearing that was printed in the newspaper and mailed to all property owners and occupants within a 300 -foot radius of the subject site 15 calendar days prior to the date of this hearing; and WHEREAS, the custodian of documents that constitute the record of proceedings upon which this decision is based is the Community and Economic Development Department. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds, determines and resolves as follows: 1. The proposed amendment is “not a project” pursuant to the California Environmental Quality Act (“CEQA”) because removal of the designation will have neither a direct or reasonably foreseeable indirect impact on the environment. Even if the proposed amendment were to be considered a project under CEQA, it would be exempt from CEQA because it can be seen with certainty that there is no possibility that the amendment may have a significant effect on the environment. No development is proposed for the Property at this time. 2. The proposed amendment is in the best interest of public safety, health and welfare, and will promote public health, safety and welfare by refining the scope and application of the Downtown Precise Plan to more accurately reflect field conditions. 3. The proposed amendment is consistent with the objectives, goals, policies and regulations of the Downtown Precise Plan, and the 2050 General Plan. 4. The City Council hereby approves the removal of the “eligible individual resource” and “historic resource” designation from 1030 Third Street throughout the Downtown Precise Plan as follows, and directs staff to make conforming changes throughout the Downtown Precise Plan and associated documents to reflect the amendment: a. Downtown Precise Plan Figure 5.6 – Update Figure 5.6 to remove the “eligible as an individual resource” designation from the site generally indicated at the location of 1030 Third Street b. Downtown Precise Plan Figure 5.10 – Update Figure 5.10 to remove the “eligible as an individual resource” designation from the site generally indicated at the location of 1030 Third Street c. Downtown Precise Plan Historic Resources Inventory Summary Report: i. Table 4-5 – Strike 1030 Third Street ii. Table 5-1 – Strike 1030 Third Street iii. Remove 1030 Third Street Fact Sheet (pp. 5-83) I, LINDSAY LARA, 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 the City of San Rafael, held on Monday, the 21st day of October 2024, by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None _________________ Lindsay Lara, City Clerk