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:
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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
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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