Loading...
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 fl 2S1 � jl u'��•..«iaL•t��x 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