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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
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