HomeMy WebLinkAboutCC Resolution 7956 (Spinnaker on the Bay BMR)RESOLUTION NO. 7956
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION
TO ADOPT CONDITION (k)(2) OF
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 (k)(2) as follows:
(k)(2) The existing levee shall be developed in a manner
consistent with the proposed Shoreline Park.
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 and upholds
the Planning Commission's action to adopt condition (k)(2)
of tentative subdivision map application TS88-4, based upon
the following finding:
The imposition of condition (k)(2) of TS88-4 as adopted
by the Planning Commission is a reasonable requirement
of the developer and will serve as a significant recreational
amenity to residents of the proposed project. While it
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RESOLUTION NO. 7956
is not at this time possible to enumerate specific requirements
of the to -be -adopted Shoreline Park Master Plan, improvements
required therein are known to include the installation
of an asphalt path, landscaping, benches, and trash receptacles.
It would not have been prudent in terms of fairness to
the applicant and/or the public to have established requirements
for specific improvements which could have potentially
exceeded or failed to meet the Master Plan standards.
Further, improvement of the levee to Master Plan standards
would be consistent with General Plan Implementation Program
CB -g which states, in part, "require dedication and improvement
of shoreline band land as a condition of development approvals".
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 LEONCINI, City Clerk