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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, (P -1 T. i)T 0 RA -711 A, L 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: -2- 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 MZ 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. -4- 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. 5- 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) --------------------------- JE E M. LEONCINI, Lity Clerk BY: �d� OSE LOLA SNIFFEN,�Dep ty City Clerk sm