HomeMy WebLinkAboutCC Resolution 8762 (Affordable Housing Unit Appeal)RESOLUTION NO. 97 6'2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING
THE APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF THE
NEGATIVE DECLARATION AND CONDITIONAL APPROVAL OF A TENTATIVE
MAP AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (TS92-1/ED91-
100) FOR A 31 UNIT CONDOMINIUM PROJECT AFFORDABLE TO LOW AND
MODERATE INCOME HOUSEHOLDS AND APPROVING THE REVISED
NEGATIVE DECLARATION AND APPROVING THE REVISED TENTATIVE MAP
AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A 25 -UNIT
CONDOMINIUM PROJECT AFFORDABLE TO LOW AND MODERATE INCOME
HOUSEHOLDS; SOUTHWEST CORNER MISSION AVENUE AND B STREET;
BHC, OWNER; KUYKENDALL-CHATHAM, DEVELOPER, CRAIKER
ASSOCIATES, ARCHITECT; ERIC SCHER, ET. AL., APPELLANTS
(AP 11-211-01,04, 10, 11)
(BOYD COURT)
WHEREAS, an application for a 31 unit condominium project affordable to low and
moderate income households, including an environmental design permit and
tentative map was submitted; and,
WHEREAS, upon review of the subject application an environmental Initial Study
was prepared consistent with the requirements of the California Environmental
Quality Act (CEQA); and,
WHEREAS, on April 14, 1992 the San Rafael Planning Commission reviewed and
considered public testimony, the Initial Study, the Negative Declaration and the staff
report at a duly noticed Public Hearing on the proposed design review application
and tentative map for the above mentioned project and voted to adopt the Negative
Declaration and Mitigation Monitoring program and conditionally approve the
Tentative Map and Environmental and Design Review Permit for said 31 -unit
condominium project; and,
WHEREAS, Eric Scher, et. al., representing the Boyd Park Neighborhood
Association, appealed the Planning Commission's adoption of the Negative
Declaration and conditional approval of the Tentative Map and Environmental and
Design Review Permit, and requested that the approval be denied based on the
appellant's assertion that the project is inconsistent with the General Plan and
CEQA Guidelines and on the comments provided during the Planning Commission
Public Hearing on April 14, 1992 and correspondence in the public record that the
project may have significant environmental impacts, including scenic view
obstruction, alteration of a significant historical area, transportation/ circulation, and
recreational opportunities; and,
WHEREAS, on May 18, 1992, the City Council held a duly noticed Public Hearing on
the appeal, accepting public testimony and the written report of the Planning
Department staff; and,
ORIGINAL
WHEREAS, the City Council closed the public hearing on May 18, 1992 and
determined that there were concerns with the proposed 31 -unit project with regard
to mass and bulk of the building; and,
WHEREAS, the City Council directed that an Advisory Committee be formed to
work with the project applicants on issues of mass and bulk; and,
WHEREAS, the Advisory Committee consisted of the Mayor, one Council Member,
two Planning Commissioners, two Design Review Board Members, one Cultural
Affairs Commissioner and two neighborhood representatives; and,
WHEREAS, the Advisory Committee met four times between July 8, 1992 and
August 14, 1992 to review options to reduce the mass and bulk of the project; and,
WHEREAS, the project was redesigned to be a 25 -unit building setback 15' from
Mission Avenue, reduced in height to two stories along Mission Avenue, and
reduced in height to three stories above subterranean parking on the south
elevation; and,
WHEREAS, the Advisory Committee endorsed the revised project and
recommended that it proceed through the City's normal review process; and,
WHEREAS, the Design Review Board reviewed the revised 25 -unit project at their
September 9, 1992 meeting and recommended minor changes to be incorporated
into the plans and approval of the redesigned 25 -unit project to the Planning
Commission; and,
WHEREAS, on September 29, 1992 the Planning Commission reviewed and
considered the staff report at a duly noticed Public Hearing on the proposed design
review application and tentative map for the redesigned 25 -unit project and as there
were no public comments received during the public hearing, they recommended
conditional approval of the Tentative Map and Environmental and Design Review
Permit for said 25 -unit condominium project to the City Council; and,
WHEREAS, on October 19, 1992 the City Council held a duly noticed Public Hearing
on the Negative Declaration and revised 25 -unit design review application and
tentative map, accepting public testimony and the written report of the Planning
Department staff; and,
WHEREAS, the City Council determined that the revised 25 -unit project is
consistent with the General Plan and therefore determined that the appeal on this
issue was without merit; and,
WHEREAS, the Council determined that the redesigned 25 -unit project did not
have the potential for creating a significant impact on the environment in the areas
of scenic view obstruction, alteration of a significant historical area,
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transportation/ circulation, and recreation and therefore determined that the appeal
on this issue was without merit; and
WHEREAS, the City Council determined that the Negative Declaration as required
by CEQA for the redesigned 25 -unit project is consistent with the CEQA Guidelines
and therefore determined that the appeal on this issue was without merit.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council does hereby
deny the appeal and upholds the Planning Commission's action to adopt the
Negative Declaration and conditionally approve the Tentative Map (TS92-1) and the
Environmental and Design Review Permit (ED91-100) application for the redesigned
25 -unit condominium project located on the southwest corner of Mission Avenue
and B Street, based upon the following findings:
Negative Declaration
1. The Negative Declaration for the redesigned 25 -unit project is consistent with
the provisions of CEQA in that an Initial Study has been prepared on the project
which determined that there is no substantial evidence that the project will have a
significant impact on the environment. Revisions have been made to the design
and mitigation measures have been attached to the project which reduce the
potential impacts to a level of insignificance. Public notice of the intent to adopt the
Negative Declaration has been done pursuant to state law. The proposed Negative
Declaration has been considered in conjunction with comments received during the
review period.
2. A mitigation monitoring program has been adopted to insure
implementation of and compliance with all conditions required to mitigate any
impact to a level of insignificance.
3. The proposed redesigned 25 -unit project is consistent with the General Plan
land use designation of Mixed Use Residential /Office in that General Plan Policies
state that residential uses in Mixed Use designations may be developed at the
highest density range (15.0 - 32.0 units per acre).
Environmental and Design Review Permit
4. The proposed redesigned 25 -unit project is consistent with the goals and
policies of the General Plan 2000, including Policy DT -30 (site designation as a
housing opportunity site), DT -13 and LU -14 (high density residential and 0,7 FAR
commercial intensity in the downtown), LU -19, LU -34, LU -36, DT -1 and DT -15
(projects harmonize in style, intensity and type with surrounding area, respect
unique features and enhance existing residential development with building design
and materials), H-20 (affordable housing projects to low and moderate income
households), H-43, H-44 (characteristics of housing opportunity area and criteria for
selection of housing opportunity sites), H-16 (residential uses in commercial areas),
H-32 (handicapped accessible units), H-33 (low income housing), H-18 (land lease
approach to providing affordable housing), H-21, H-22 (BMR agreements and resale),
C-1 (level of service has not been reduced), C-18 (payment of traffic mitigation fees),
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R-4 (payment of parkland dedication fees), S-4, S-5 (geotechnical review required), S-
11 (seismic safety requirement), S-21, S-23 (fire and safety requirements), N-1 (noise
and land use compatibility), N-5, N-7 (downtown noise areas and interior noise
standards), DT -2, DT -4 (encourages housing in downtown), DT -10, DT -11 (protection
and relationship to existing surrounding residential development). and DT -21
(project does not have any effect on proposed circulation improvements).
5. A waiver of Policy R-4, requiring payment of a parkland dedication in -lieu fee
is granted for eight units consistent with Chapter 15.38.070 (d) of San Rafael
Ordinance 1558 as these units of the proposed redesigned 25 -unit project are to be
built as below market rate (BMR) units as defined by the General Plan.
6. The Environmental and Design Review application for the redesigned 25 -
unit project conforms to the design standards established in the General Plan 2000
and to the Criteria for Approval of Applications listed in Section 14.11.050 of the San
Rafael Zoning Ordinance.
7. The proposed redesigned 25 -unit project will not be detrimental to the
health, safety, or general welfare of the surrounding community of the City because
all impacts identified in the environmental review were mitigated to a level of
insignificance. The redesigned 25 -unit project has been reviewed by all appropriate
City agencies and Boards and their comments have been incorporated into project
revisions through design and conditions of approval.
Subdivision
10. As conditioned, approval of the proposed redesigned subdivision would be
consistent with important General Plan Policies and consistent with the Land Use
Designation of Mixed Use Residential /Office in that a Density Bonus has been
allowed for affordable housing.
11. Approval of the proposed redesigned subdivision would not be detrimental
to the health, safety or welfare of the surrounding development in that the potential
environmental impacts have been assessed and mitigated through project design
and recommended conditions of approval.
12. The site is physically suited for the proposed type and density of development
based on the review by the Advisory Committee, Design Review Board and the
information contained in the Negative Declaration.
13. The redesign or proposed improvements are not likely to cause substantial
environmental damage, or substantially and avoidably injure fish, wildlife or their
habitats or cause serious public health problems based on the information contained
in the Negative Declaration.
14. The City has balanced the regional housing needs of the region against the
public service needs of its residents and available fiscal and environmental
resources and concludes that adequate public services are available for the site, the
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redesigned 25 -unit project will not impact environmental resources, and the
redesigned 25 -unit project meets an identified housing need.
15. The redesign of the subdivision provides, to the extent feasible based on
balancing the need to create a design compatible with the neighborhood and with
solar energy needs, for future passive or natural heating or cooling opportunities.
I, JEANNE M. LEONCE"JL 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 said City held on Mondav the 19 th
day of October , 1992, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
A& . '
E M. LEO INI, City Clerk