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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