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HomeMy WebLinkAboutCC Resolution 8651 (Marin Ranch Airport Appeal)RESOLUTION NO. 8 6 51 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL TAKING FINAL ACTION ON THE APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING AN EXTENSION TO THE MARIN RANCH AIRPORT AND MODIFYING CONDITIONS NO. 10 AND 15; UP74-6(g), APN 155-230-10, 11, 12, 13; M BIELSER, SHEKOU, ET AL, PROPERTY OWNER; CAPITAL INVESTMENT RESOURCES, REPRESENTATIVE WHEREAS, the applicant filed an application for a use permit extension to continue the existing property use which was described as an airport, contractor's yards, grazing and related uses, and WHEREAS, on November 20, 1991 the Planning Commission of the City of San Rafael held a duly noticed meeting to consider the use permit extension for the Marin Ranch Airport, and WHEREAS, the Planning Commission received public testimony on this item from the applicant and his attorney, adjacent residents, environmental organizations, the attorney representing the storage container operation, and other interested parties, and WHEREAS, the Planning Commission heard specific testimony regarding adverse impacts from sheep on the sensitive habitat, adverse impacts of the illegal fill activity, and adverse impacts on the residential neighborhood from the intensification of the contractors' uses and storage activities, and WHEREAS, the Planning Commission determined that the fill placed on the site since 1974 should be removed as no permits had been obtained, and WHEREAS, the Planning Commission determined that sensitive habitats on the site be fenced and revegetated as sheep grazing was damaging the habitat of the endangered Clapper Rails, and WHERAS, on November 20, 1991 the San Rafael Planning Commission approved a one year extension of the use permit for the Marin Ranch Airport subject to revised conditions which limit the non -aviation related uses, and WHEREAS, on January 28, 1992, the Planning Commission adopted the formal resolution setting forth its action, and WHEREAS, the applicants appealed Conditions No. 8, 9, 10, 11, 12, 14, 15, and 20 to the City Council and requested that these conditions be modified, and WHEREAS, on April 6, 1992 the City of San Rafael City Council held a duly noticed public hearing and received public testimony on the requested condition modifications, and WHEREAS, on that date the City Council took action on Conditions No. 8, 9, 11, 12, 14, and 20 by separate resolution, directed staff to bring back additional information related to Conditions No. 10 and No. 15, and continued the appeal to April 20, 1992 for final action on these two conditions, and WHEREAS, the City Council determined that an engineer could use air photos and trenching to determine the topography of the site in 1974, and A L ayes WHEREAS, the City Council further determined that fencing was needed on the inside of the levee to protect habitats and the appellant agreed to fence the area with appropriate fencing. NOW THEREFORE BE IT RESOLVED, that the San Rafael City Council hereby modifies conditions No. 10 and No. 15 of the permit as outlined in Exhibit A to the resolution. The foregoing resolution was introduced at a regular meeting of the City Council of the City of San Rafael on the 20th day of April, 1992 and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEAJ�NE M. LEON I, City Clerk - 2 - EXEIIBIT A 10. The fill placed in the area previously occupied by the landscape and top soil contractor (Bauman) shall be removed and the area restored to the contours existing on the site in 1974, with minor changes subject to the approval of the Planning Director and Public Works Director as necessary to maintain adequate drainage of the site. The applicant shall enter into a contract with an engineering firm approved by the City to determine the 1974 contours based on air photos and, if necessary, trenching. The report shall be prepared to City specifications and is subject to City review and approval. The Fire Department shall monitor the fill removal and if deemed necessary, require additional hazardous materials testing. The applicant must submit a grading plan for the area to be restored showing existing and proposed contours for the approval of the Planning Director and Public Works Director and shall obtain a grading permit for such fill removal. All fill must be removed by October 6, 1992. The site shall be hydroseeded and protected by an erosion control plan within 30 days of fill removal. 15. Sensitive habitat areas must be fenced and protected from grazing activities. The applicant shall submit a fencing and revegetation program within 90 days or by July 6, 1992 for approval by the Planning Director. The plan must provide for fencing on the inside of the top of the levees and for hydromulching with appropriate native plants, such as baccharis and bunchgrass. Sturdy fencing, such as a steel post and mesh fence, must be used. Approved fencing must be installed or in use within six months, or by October 6, 1992 and maintained on an ongoing basis. Revegetation must be completed within six months, or by October 6, 1992. The Planning Director may grant an extension if Corps of Engineer permits are required. The applicant shall enter into a contract with a biologist to monitor the site at a six months and one year interval to insure revegetation is successful. Any replacement of vegetation specified by the biologist to insure success of the revegetation shall be done by the applicant. - 3 -