HomeMy WebLinkAboutCC Resolution 7884 (Spinnaker on the Bay)RESOLUTION NO. 7884
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
UPHOLDING THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE
OF USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT
AND TENTATIVE MAP APPLICATIONS FOR
SPINNAKER ON THE BAY, PHASE I,
CATALINA AND BELLAM BOULEVARDS
(UP86-104, ED86-117, TS86-3)
WHEREAS, on October 15, 1986, use permit, environmental
and design review permit and tentative map applications were
filed for Phase I of Spinnaker on the Bay, a 160 unit residential
condominium development, and said applications were deemed
consistent with the recommended land use designation and density
limits of the draft General Plan 2000 and thus accepted for
processing per City Council Resolution No. 7427; and
WHEREAS, upon a determination being made that the
applications were complete on January 2, 1988, City staff completed
environmental review consistent with the California Environmental
Quality Act and concurrent with the Planning Commission's review
of the draft general Plan 2000; and
WHEREAS, in February 1987, the City informed all
affected property owners in East San Rafael of major draft
General Plan 2000 traffic policies and programs for the East
San Rafael area. It was disclosed that the critical Bellam
intersections had improved to Level of Service C conditions
and that ultimate level of service standards were being recommended
for change in the East San Rafael area. Property owners were
also informed that individual development projects could not
be adequately reviewed in relation to CEQA because there is
no certified EIR which assesses cumulative traffic impacts
for the East San Rafel area; and
WHEREAS, on December 1, 1987, per State Government
Code 65950, the Planning Commission approved a 90 day extension
for processing the subject applications. The purpose of the
extension was to extend the processing time beyond the one
year limits so as to avoid an automatic approval action; and
WHEREAS, action on these permits had to, therefore,
occur prior to April 1, 1988. Staff found that it was premature
to take action to approve this project at the time given the
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RESOLUTION NO. 7884
outstanding status of the draft General Plan 2000 and accompanying
EIR. An action to approve this project at that time would
have prejudiced the outcome of the Plan; and
WHEREAS, on March 29, 1988, the Planning Commission
reviewed the applications, the staff report and accepted testimony
from the applicant. The Planning Commission concluded that
action on this project at this time would prejudice the City
Council's review and action on the draft General Plan 2000;
and
WHEREAS, on March 29, 1988, the Planning Commission
did adopt Resolution No. 88-10, denying the applications without
prejudice; and
WHEREAS, on April 1, 1988, the applicant filed an
appeal of the Commission's action with the San Rafael City
Clerk, and on May 1, 1988, the applicant made a request to
continue the appeal; and
WHEREAS, on May 31, 1988, the applicant agreed to
waive the requirement of Municipal Code Section 15.56.030,
which sets forth time limits for hearing the appeal; and
WHEREAS, on July 18, 1988, the City Council adopted
the San Rafael General Plan 2000, which changed the designation
on the site from High Density Residential (15-32 units per
acre) to Medium Density Residential development at a density
within the range of 6.5 to 15 units per acre; and
WHEREAS, on November 28, 1988, the applicant rescinded
the waiver of Municipal Code Section 15.56.030, and requested
consideration of the appeal by the City Council at its next
available date for a public hearing; and
WHEREAS, on December 19, 1988, at a duly noticed
public hearing, the City Council reviewed the applications,
staff reports, and accepted testimony from the applicant concerning
the subject appeal.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael
City Council denies the applicant's appeal and upholds the
Planning Commission's action to deny the subject applications
without prejudice based upon the following findings:
RESOLUTION NO. 7884
(1) The project would result in traffic impacts which
are individually limited but cumulatively significant.
Although this project alone would not cause traffic
at the Bellam intersections to fall below midpoint
Level of Service D conditions, the cumulative effects
of all pending applications for development in East
San Rafael and a trip reserve for exempt projects
would cause this Level of Service to be exceeded.
(2) The General Plan EIR concludes that adverse cumulative
traffic impacts in traffic sensitive areas such as
East San Rafael cannot be mitigated on a project
by project basis, nor through approval of development
projects on a first come first served basis. These
impacts can only be mitigated through implementation
of a project approval procedure (General Plan Policy
C-7) which allocates limited traffic capacity to
a selective number of "priority" development projects.
Furthermore, cumulative traffic impacts can only
be mitigated through the implementation of "timing
of development" policies so as to ensure that critical
intersections continue to operate at acceptable levels
of service. In order to carry out these policies,
the City Council adopted Resolution No. 7853 on October
17, 1988, establishing a priority project determination
procedure.
(3) The proposed project is not consistent with the applicable
General Plan land use designation of Medium Density
Residential. The density of the proposed project
is approximately 18.3 units per acre, while the General
Plan land use designation of Medium Density Residential
limits development of property so classified to a
density within the range of 6.5 to 15 units per acre.
(4) Approval of this project at this time would prejudice
subsequent action by the City on projects affected
by General Plan Policies C-1, C-2, C-3, C-7 and Program
C -b and would interfere with the City's ability to
implement measures for a fair and equitable way of
allowing other development to proceed. The project
would utilize approximately 65% of the remaining
traffic capacity that is available to maintain midpoint
Level of Service D conditions at the Bellam/101/I-580
intersections. Consequently, approval of this project
at this time would be unfair to pending Priority
Project Procedure applications for development in
the East San Rafael area.
(5) The necessary findings mandated by State Planning
Law and the Subdivision Map Act cannot be made at
this time. Specifically, State Government Code Sections
65860 and 66474(a) and (b) require that the governmental
agency make findings that the project is consistent
with the General Plan.
RESOLUTION NO. 7$84
I, JEANNE M. LEONCINI, 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 TUESDAY , the THIRD day of JANUARY
1989, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JF 1ZE M. LEONCI 1 , City Clerk