HomeMy WebLinkAboutCC Resolution 8178 (Smith Ranch Homes)RESOLUTION NO. 8178
A RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL DENYING AN
APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO
CERTIFY A NEGATIVE DECLARATION FOR AND CONDITIONAL
APPROVAL OF APPLICATIONS UP89-47 AND ED 89-59, USE PERMIT AND
DESIGN REVIEW FOR SMITH RANCH PARCEL THREE
(ASSESSOR'S PARCEL 155-251-04)
WHEREAS, on June 30, 1989, applications for the above referenced
development permits were submitted to the City; and,
WHEREAS, an Initial Environmental Study was prepared in accordance
with the California Environmental Quality Act to assess potential
environmental impacts of the proposals; and,
WHEREAS, it was concluded in the Initial Study that the project did not
have the potential for creating a significant adverse environmental impact;
and,
WHEREAS, a proposed Negative Declaration was prepared; and,
WHEREAS, Public Notice of the proposed Negative Declaration pursuant to
California Public Resources Code Sections 21091 and 21092 was provided by
posting said notice on the site on February 6, 1990; and,
WHEREAS, on February 27, 1990, the San Rafael Planning Commission
held a duly noticed public meeting, accepting staff's report and public
testimony on the permit applications and proposed Negative Declaration;
and,
WHEREAS, on February 27, 1990, the Planning Commission conditionally
approved applications UP89-47 and ED89-59, and certified a Negative
Declaration therefore; and,
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WHEREAS, on March 6, 1990, an appeal of the Planning Commission's
action was submitted to the City Clerk of San Rafael; and,
WHEREAS, said appeal asserted that: 1) The project would have an adverse
impact on a nearby City -owned pond; 2) The project did not adequately
address Open Space areas surrounding the project site; 3) A proposed Open
Space drainage plan did not provide adequate security that the pond would
not become polluted; 4) Traffic generated by the project would destroy the
Open Space buffer around the pond; and, 5) A proposed General Plan
Amendment to allow transfer of Floor Area Ratio development potential
would cause many serious problems; and,
WHEREAS, on April 16, 1990, the appeal was considered by the City Council
at a duly noticed public hearing; and,
WHEREAS, the City Council received public testimony and accepted staff's
report on the appeal; and,
WHEREAS, the City Council requested that staff provide additional
information pertaining to the potential environmental impacts of the project;
and,
WHEREAS, the City Council closed the public hearing on April 16, 1990,
directing staff to provide the requested information at its May 7, 1990
meeting; and,
WHEREAS, the requested information was submitted to and considered by
the Council at its May 7, 1990 meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies
the appeal and upholds the Planning Commission's certification of a
Negative Declaration for applications UP89-47 and ED89-59, and finds all
potential impacts reduced below the threshold of significant impact based
upon the following findings:
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1.) The Open Space drainage system proposed by the applicant would
increase the amount of fresh water entering the pond and not decrease
the quality of the pond water, and that the project would therefore not
produce a negative impact on the pond; the proposed system would
increase the amount of Open Space area on the subject site draining
into the pond from 3.3 to 4.8 acres, thereby at minimum maintaining
both the quantity and quality of Open Space runoff from the site to the
pond. The appellant did not identify any specific impact or present any
evidence that the project could cause a substantial adverse change in
the pond itself or to the wildlife community which depends upon it.
2.) The project was consistent with the Smith Ranch Master Plan,
which established development and Open Space areas in the Plan area
and that setbacks of structures and other site improvements associated
with the proposed project met and exceeded General Plan policy
requirements for structural setbacks from wetland areas as established
by General Plan policy LU -15. The appellant did not identify the
specific way in which the proposed project impacted the surrounding
Open Space or present any evidence that the project could cause a
substantial adverse change in the Open Space areas near the project.
3.) Water directed from the site to the pond would consist of runoff
collected from Open Space areas of the site upslope of development
areas of the site and that there was no evidence that such runoff could
contain pollutants which would be harmful to the pond. The
appellant did not identify the nature or point of origin for any potential
pollutant or present any evidence that the project could cause a
substantial adverse change in the pond by polluting pond water.
4.) Traffic from the future fire station which could be visible and
audible from the pond area would be so infrequent as to have no
adverse impact on the pond habitat. Traffic generated by the office and
retail components of the project would travel exclusively on existing
streets (i.e., Smith Ranch Road and Cresta Drive) and would not
cause any significant impact upon the pond habitat. The appellant did
not identify the way in which traffic generated by the project would
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adversely affect the nearby pond or present any evidence that traffic
generated by the project could cause a substantial adverse change in the
quality of the pond habitat.
5.) There is not substantial evidence that the proposed project has the
potential for creating significant environmental impacts. Potential
impacts upon wildlife which might inhabit the environs of or
otherwise depend upon the nearby pond are mitigated by the proposed
two -system drainage plan which will ensure that both the quality and
quantity of water entering the pond as runoff from the site would be
maintained, and are further mitigated by project setbacks from the
pond edge which meet and generally exceed wetland setback
requirements established by General Plan policy NE -15.
6.) In the absence of substantial evidence that the proposed project may
have a significant adverse impact on the environment, the
certification of a Negative Declaration is warranted.
BE IT FURTHER RESOLVED, that the City Council does hereby deny the
appeal and upholds the Planning Commission's action to conditonally
approve applications LTP89-47 and ED89-59, based upon the following
findings:
1.) The proposed office, retail and fire station uses are consistent with
the General Plan land use designation of
Office/Commercial/Public/Quasi-Public which applies to the subject
site, and is consistent with applicable Planned Development (P -D)
zoning requirements.
2.) The proposed office, retail, and fire station uses will not be
detrimental to the health, safety, peace, morals, comfort, or general
welfare of persons in the vicinity of the proposed use, or be
detrimental or injurious to the property and improvements in the
neighborhood, or to the general welfare of the city.
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3.) The proposed project is consistent with established policies for
design review set forth in the zoning restrictions and General Plan
policies applicable to the subject site. The project has been endorsed by
the San Rafael Design Review Board.
BE IT FURTHER RESOLVED that the City Council does modify and amend
conditions of approval for application ED89-59 as adopted by the Planning
Commission in order to further reduce impacts determined to be below the
level of significant impact as follows: (Language added by Council appears in
italics.)
Condition (h) shall read: "Detailed landscaping and irrigation plans
shall be subject to the approval of the Design Review Board prior to
issuance of a building permit. Landscaping shall meet the
requirements of the Marin Municipal Water District's Water
Conservation Ordinance. The landscape plans shall include details of
all retaining walls, walkways, patio surfaces, and planting and
irrigation for the area between the fire station driveway and the pond
noted on Exhibit A 'Pond Buffer Area Landscape Concept' as
submitted by the applicant. The property owner shall be required to
bond for the pond buffer area landscape and install landscaping upon
request of the City."
Condition (n) shall read as follows: "The applicant shall bond for all
Deer Valley Road improvements required by Public Works
Department condition (d) (5). If access to the fire station site is required
prior to construction of Deer Valley Road, the applicant shall provide a
20' wide asphalt access road to the satisfaction of the City Engineer
upon request of the City. The alignment of the driveway shall be
designed at all points to maximize the distance between the pond and
driveway and minimize the amount of fill. "
Condition (y) shall read: "The owners will participate with the City of
San Rafael and all property owners within the pond watershed to fund
preparation and implementation of a plan to maintain the City Pond.
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That participation shall be spread among all the property owners on
the basis of each owner's property as a percent of the total watershed."
Condition W shall read: "The developer will participate with the City
and owner of the land between Parcel Three and the pond to
develop an obstruction at the southwest corner of the pond margin.
Plans for the obstruction shall be reviewed and approved by the
Planning Department prior to the issuance of a building permit."
I, JEANNE M. LEONCINT, 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 Council of said City on
MONDAY , the 4TH
day of
JUNE
, 1990, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Shippey (Due to absence from public hearing)
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JE E M. LEONCINI, Lity Clerk
BY: �d�
OSE LOLA SNIFFEN,�Dep ty City Clerk
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