HomeMy WebLinkAboutCC Resolution 7957 (Spinnaker on the Bay BMR)RESOLUTION NO. 7957
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
TO UPHOLD THE APPLICANT'S APPEAL AND
MODIFY CONDITION (r) OF
TENTATIVE SUBDIVISION MAP APPLICATION TS88-4
AS ADOPTED BY THE PLANNING COMMISSION
TO REFLECT A 50% REDUCTION IN THE AMOUNT OF
IN -LIEU PARKLAND DEDICATION FEES
REQUIRED BY CITY ORDINANCE 1558
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 (r) as follows:
(r) Prior to recordation of the final map, the applicant
shall pay parkland dedication fees as determined
by the City Council. The amount of the fee (in 1989
dollars) shall be $202,027.06. This amount is consistent
with the provisions of City ordinance.
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.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of San Rafael upholds the applicant's appeal of condition (r)
of TS88-4.
BE IT FURTHER RESOLVED that the City Council of San
7 ;?,r--7
RESOLUTION NO. 7957
Rafael hereby modifies condition (r) of TS88-4 as adopted by
the Planning Commission to read as follows:
(r) Prior to recordation of the final map, the applicant
shall pay parkland dedication fees. A 50% fee credit
is granted, therefore the amount of the fee (in 1989
dollars) shall be $101,014, as determined by provisions
of City ordinance.
BE IT FURTHER RESOLVED that the City Council upholds
the applicant's appeal, based upon the following finding:
A reduction in the amount of in -lieu parkland dedication
fees otherwise required by City Ordinance 1558 is appropriate
relative to the subject application in that the project
will provide a unique benefit to the general welfare of
the City through implementation of conditions of approval.
The Shoreline Park Band and access from Bellam Boulevard
will be dedicated and improvements installed. Also, approximately
39 acres of wetlands and lagoon habitat will be enhanced
and maintained so as to provide a continuing suitable
habitat for a number of wildlife species including the
Federally Endangered Salt Marsh Harvest Mouse.
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 f
1989, by the following vote, to wit:
AYES: COUNCILMEMBERS : Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : None
JE M. LEONCINI, City Clerk