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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 0R6GIN',A�L 7er8¢ 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