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HomeMy WebLinkAboutCC Resolution 7953 (Spinnaker on the Bay BMR)RESOLUTION NO.7953 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL UPHOLDING THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF TS88-4, UP88-100 AND ED88-101; TENTATIVE MAP, DESIGN REVIEW AND USE PERMIT APPLICATIONS FOR PHASE I OF SPINNAKER ON THE BAY, A 111 UNIT RESIDENTIAL PROJECT CONSISTING OF 24 BELOW MARKET RATE APARTMENTS AND 87 ATTACHED SINGLE FAMILY HOMES, LOCATED GENERALLY AT BELLAM AND CATALINA BOULEVARDS WHEREAS, on October 19, 1988, 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: "TTM WHEREAS, on March 29, 1989, the Planning Commission held a duly advertised public hearing, accepting staff's report and public testimony on the proposals; and WHEREAS, on March 29, 1989, the Planning Commission voted to certify a Negative Declaration for the project and conditionally approve TS88-4, UP88-100 and ED88-101 as recommended by staff and as amended by the Commission; and WHEREAS, on April 4, 1989, a letter appealing the Commission's action to the City Council was submitted to the City Clerk of San Rafael; and WHEREAS, on April 17, 1989, the appeal was considered by the City Council at a duly noted public hearing; and WHEREAS, the Council received public testimony and considered information provided by staff. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby denies the Bahia de Rafael appeal of the Planning Commission's conditional approval of TS88-4, UP88-100 and ED88-101, based upon the following findings: (1) The proposed project would be consistent with the San Rafael General Plan. The proposed density of the project would be approximately 8.5 units per acre, which is within the 6.5 to 15 unit per acre density permissible under the applicable General Plan land use designation of Medium Density Residential. Approval of the project would permit development of a project providing over 21% of its residential units to low and moderate income households, which i� 9p !i 7�".3 advances General Plan Housing policies H-19 ("Below Market Rate Housing") and H-20 ("Affordable Housing Projects"). The project will also advance Housing Policies H-31 ("Lower Income Housing") and H-33 ("Rental Housing"). The provision of small (one to two bedroom) rental units will address specific housing needs identified in the General Plan. One and two person households have grown faster than any household type in the City. The General Plan also identifies rental housing as the most significant need by housing type in San Rafael. (2) All public hearing noticing requirements established by the State were satisfied prior to action on the applicaitons by the Planning Commission. (3) The inclusion of a rental housing component would further General Plan Policy H-33 ("Rental Housing") which calls for the City to "encourage construction of rental units". (4) The proposed location of the below market rate apartment units would not be detrimental to the health, safety or general welfare of surrounding properties and residents thereof or the City of San Rafael as a whole. The project design is compatible with adjacent developed properties, all Zoning Ordinance standards for parking have been met, and conditions of approval require the location of a physical barrier between the proposed units and the Bahia de Rafael project. (5) The location of the proposed tennis courts along the western boundary of the site is appropriate in that the area in question is encumbered with a utility easement which precludes construction of permanent structures. Further, the use of this area for recreational purposes will help to buffer existing development from the proposed project. (6) Approval of the proposed tentative map subject to conditions of approval adopted by the Planning Commission would be consistent with adjacent development and would permit development which would be consistent with General Plan policies. (7) The subject property is physically suitable for the type of development and the proposed density and would not result in any substantial environmental damage or injury to wildlife provided that conditions of approval are implemented. (8) Approval of the proposed subdivision subject to the conditions of approval adopted by the Planning Commission would not be detrimental to the health, safety or welfare of the surrounding development in that potential environmental impacts have been assessed and mitigated through project design and recommended conditions. The project would not adversely affect water quality, and subdivision improvements provide adequate drainage facilities to serve the proposed development. (9) Subject to the conditions of approval adopted by the Planning Commission and amended by the City Council, the proposed project would be consistent with the amended P -D zoning and is consistent with General Plan policies and will not pose a threat to the health, safety or general welfare of the surrounding community or the City of San Rafael as a whole. (10) Subject to the conditions of approval adopted by the Planning Commission, the proposed use would be compatible with, and not adversely impact, existing adjacent and nearby residences. Adequate on-site parking has been provided for all units. Occupancy of rental units is to be monitored through the administration of a below market rate housing agreement with the City in order to avoid overcrowding. Lighting would be designed so as to shield light sources from adjacent residences, and mitigation of noise associated with increases in traffic on Bellam Boulevard will be provided if subsequent studies conclude noise attenuation measures are necessary. (11) The proposed project has been designed in accordance with established design review standards of the City of San Rafael. Subject to the conditions of approval adopted by the Planning Commission, the site plan recognizes natural site features (i.e., the lagoon) and provides view corridors to this area. The proposed site plan also mitigates possible impacts of development upon the lagoon habitat by maintaining a minimum 50 foot setback and within that setback including a specially designed buffer edge treatment for the maintenance/enhancement of wildlife habitat. The proposed architectural design of both single family and multi -family units is compatible with surrounding development in terms of color, scale, materials, and general site design. The proposed project has been favorably reviewed by the City's Design Review Board. 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 Monday , the First day of May 1989, by the following vote, to wit: AYES: COUNCILMEMBERS : Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS : None ABSENT: COUNCILMEMBERS : None JE N Z. LEONCIN , City Clerk