HomeMy WebLinkAboutCC Resolution 7954 (Spinnaker on the Bay BMR)RESOLUTION NO. 7954
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION
TO ADOPT CONDITION (tt) OF
ENVIRONMENTAL AND DESIGN REVIEW APPLICATION ED88-101
FOR PHASE I OF SPINNAKER ON THE BAY,
A 111 UNIT RESIDENTIAL PROJECT CONSISTING OF
87 ATTACHED SINGLE FAMILY HOMES AND
24 BELOW MARKET RATE APARTMENTS
LOCATED GENERALLY AT CATALINA AND BELLAM 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:
and
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 approved ED88-101 as recommended by staff and
as amended by the Commission to include condition (tt) as follows:
(tt) Detailed landscape and irrigation plans shall be
approved by the Planning Commission prior to the
issuance of a building permit. Prior to approval,
review and consultation with environmental groups
such as Marin Audubon Society and Marin Conservation
League shall occur. Said plans shall be considered
by the Planning Commission with the lagoon management
plan. In addition, a low fence and hedgerow shall
be provided along the site boundary within the PG&E
easement to discourage pedestrian access from Playa
del Rey.
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
of San Rafael hereby denies the applicant's appeal of condition
(tt), upholding the Commission's action.
RESOLUTION NO. 7954
BE IT FURTHER RESOLVED that the City Council of San
Rafael hereby amends condition (tt) of ED88-101 to further
state the following:
"Should conflicts arise with regard to development
of a lagoon management plan, this matter shall be
automatically advanced to the City Council for its
consideration."
BE IT FURTHER RESOLVED that the City Council denies
the applicant's appeal and amends condition (tt) based upon
the following finding:
(1) Appropriate landscaping of the 50 foot lagoon buffer
setback and boundary between the subject site and
the adjacent Bahia de Rafael is necessary to assure
that the project will not have an adverse impact
on the lagoon and its environs which provide habitat
for a number of wildlife species, including the Federally
Endangered Salt Marsh Harvest Mouse, and further,
that the project will not have an adverse impact
on the adjacent Bahia de Rafael properties. Consideration
of this matter by the Planning Commission and/or
City Council will assure that a public forum is available
for resolution of any associated issues. Such consideration
would assure an opportunity for continent by persons
with an expertise in the area of wildlife habitat
enhancement/preservation.
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 b1. LEONCIN City Clerk