HomeMy WebLinkAboutCC Resolution 7955 (Spinnaker on the Bay BMR)RESOLUTION NO. 7955
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
TO MODIFY CONDITION (a)(5) OF
THE PLANNING COMMISSION'S ACTION APPROVING
TENTATIVE SUBDIVISION MAP APPLICATION TS88-4
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 TS88-4 as recommended by staff to include
condition (a)(5) as follows:
(a)(5) Necessary permits from all other agencies must
be obtained prior to the start of construction.
WHEREAS, on April 4, 1989, a letter appealing the
above condition 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; and
WHEREAS, at the April 17, 1989 City Council meeting,
staff recommended a modification of condition (a)(5) as follows:
Necessary permits from all other agencies except those
necessary for installation of improvements as required
by the Shoreline Park Master Plan shall be obtained prior
to the issuance of building permits.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of San Rafael hereby modifies condition (a)(5) of tentative
subdivision map TS88-4 as recommended by staff, based upon
the following finding:
RESOLUTION NO. 7955
The requirement that the developer obtain permits from
all permitting agencies prior to issuance of building
permits is necessary to avoid conflicting requirements
of the City and other agencies. However, in this case,
requiring permits from all agencies for the Shoreline
Park Master Plan prior to the construction places a potential
hardship on the applicant in that the Shoreline Park Master
Plan has not been approved by the City so detailed plans
cannot yet be submitted for review and approval by other
permitting agencies. The imposition of condition (a)(5)
of TS88-4 as originally adopted by the Commission could
therefore delay the construction of the proposed project,
which has been found to be effective in advancing important
General Plan policies relating to the construction of
affordable rental housing. Construction of the Shoreline
Park by the applicant will still be guaranteed since improvement
bonds will be required to be submitted to the City prior
to recordation of the Final Map.
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&?�,. LEONCIN , City Clerk