HomeMy WebLinkAboutCC Resolution 12557 (Dominican University Housing)RESOLUTION NO. 12557
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING AN AMENDMENT TO THE GENERAL PLAN 2020
(GPA07-005) TO CHANGE THE LAND USE MAP OF THE LAND
USE ELEMENT FOR THE 1.35 -ACRE SITE LOCATED AT 226
MAGNOLIA AVE FROM LARGE LOT RESIDENTIAL TO
PUBLIC/QUASI-PUBLIC (P/QP) FOR DOMINICAN UNIVERSITY
APN 015-121-10
The City Council of the City of San Rafael finds and determines that:
WHEREAS, in November 2004, the City of San Rafael adopted the San Rafael
General Plan 2020 and accompanying land use map, which designates the subject 1.35
acre site at 226 Magnolia Ave as Large Lot Residential land use designation; and
WIIEREAS, on December 14, 2007, Dominican University submitted an
application for a General Plan Amendment concurrently with applications for a
Rezoning, Amendment to the University Master Use Permit and an Environmental and
Design Review Permit to the Community Development Department requesting approval
to convert the residential use of Magnolia House to University administrative office use,
to modify the rear porch to provide a handicap access ramp and associated parking and
access improvements at 226 Magnolia Avenue, and
WHEREAS, on June 2, 2008, the applications for a General Plan Amendment,
Rezoning, Master Use Permit Amendment and Environmental and Design Review Permit
were deemed complete for processing; and
WHEREAS, on July 2, 2008, in accord with California Government Code Section
65352.3(a), a representative of the department of Community Development met with a
representative of the Federated Indians of the Graton Rancheria to consult with tribal
representatives concerning potential impacts to places, features and objects describe in
Section 5079.9 and 5097.993 of the California Public Resource Code, which might occur
as a result of the proposed amendment to the land use map; and
WHEREAS, consistent with the requirements of the California Environmental
Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration analyzed potential
environmental impacts of the project and identified potentially significant impacts for
Cultural Resources. The project impacts would be mitigated to less -than -significant
levels through implementation of recommended mitigation measures or through
compliance with recommended conditions of project approval; and
WHEREAS, notices regarding the Mitigated Negative Declaration prepared for
this project were mailed to surrounding property owners and occupants within 500 feet,
pertinent agencies (including State and local responsible and trustee agencies),
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organizations and special interest groups pursuant to CEQA Guidelines Section 15072;
and
WHEREAS, copies of the Mitigated Negative Declaration were made available
for a 30 -day review period by pertinent agencies and interested members of the public,
commencing on June 13, 2008; and
WHEREAS, on July 15, 2008, the Planning Commission held a duly noticed
public hearing on the Mitigated Negative Declaration and the proposed project
applications, accepting all oral and written public testimony and the written report of the
Department of Community Development and recommended City Council adoption of the
Mitigated Negative Declaration by adopting Resolution No. 08-08; and
WHEREAS, the 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, on July 15, 2008, the Planning Commission held a duly noticed
public hearing on the Magnolia House project, including a General Plan Amendment,
accepting public testimony and the written report of the Community Development
Department and recommended to the City Council approval of the proposed General Plan
Amendment by adopting Resolution No. 08-09; and
WHEREAS, on August 18, 2008, the City Council held a public hearing,
accepting all oral and written public testimony and the written report of the Department
of Community Development; and
WHEREAS, the City Council has adopted the Magnolia House Mitigated
Negative Declaration and approved a Mitigation Monitoring and Reporting Program
(MMRP) by adoption of a separate resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves
the proposed amendment to the land use map of the San Rafael General Plan 2020 Land
Use element, as presented in attached Exhibit A, based on the following findings:
1) The public interest would be served by the adoption of the proposed amendment
to change the land use designation from Large Lot Residential to Public/Quasi-
Public in that:
a) The amendment would facilitate protection and renovation of a local historic
resource for University use. The proposed building and site improvements
that accompany this General Plan Amendment would maintain the exterior
facade of the historic residence and preserve existing historic landscaping and,
thereby maintain the character of the site while providing needed expansion of
University administrative office use.
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b) The amendment is logical given that the subject property is adjacent to the
Dominican University campus and promotes an orderly expansion of the
campus. The amendment would be consistent with the proposed administrative
use for this site and would be compatible with the immediately surrounding
land uses in which Dominican University maintains it's campus.
c) The amendment would ensure preservation of the structure in its current design
as by conversion to a viable administrative office use that would be integrated
with adjacent University and residential uses.
d) The Initial Study/Mitigated Negative Declaration for this project determined
that the environmental impacts that results from the proposed amendment to
the land use map are less than significant.
2) The proposed land use map amendment would be consistent with the relevant
provisions of the General Plan 2020, including the Land Use, Circulation,
Neighborhood, Community Design, Noise, Economic Vitality, Safety and Air Quality
Elements as identified in the table analyzing General Plan 2020 consistency contained
as part of the staff report to the Planning Commission.
3) This amendment would be the first amendment for the 2008 calendar year, within the
limitation of four amendments allowed per calendar year.
The foregoing Resolution No. 12557 was read and introduced at the regular meeting of
the City Council on the 18`h day of August 2008, and ordered for a second reading by the
following vote to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And will come up for a second reading and adoption at a regular meeting of the City
Council to be held on the 2"d day of September 2008.
ESTHER C. BEIRNE, City Clerk
ATTACHMENT
EXHIBIT "A": Amendment to the General Plan Land Use Map, August 2008
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EXHIBIT A: AMENDMENT TO THE GENERAL PLAN LAND USE MAP,
AUGUST 2008
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