HomeMy WebLinkAboutCC Resolution 7958 (Spinnaker on the Bay BMR)RESOLUTION NO. 7958
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION
TO ADOPT CONDITION (s) 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 (s) as follows:
(s) Prior to the recordation, the applicant shall dedicate
the City Parcel "A" as shown on the tentative map
for the purpose of developing a Shoreline Park.
Additionally, the applicant shall dedicate to the
City a 30 foot wide parcel running the length of
the site's southern boundary for the purpose of providing
public access to the Shoreline Park prior to final
map recordation.
WHEREAS, on April 4, 1989, a letter appealing that
portion of condition (s) requiring the dedication of the referenced
30 foot wide parcel 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 action of the Planning Commission based upon the following
finding:
RESOLUTION NO. 7958
Acquisition of the required access at this time is an
important element in the timely development of the Shoreline
Park Band as required by General Plan Policy CB -4. Access
to the Shoreline Park Band as required by condition (s)
is clearly identified on the adopted General Plan Recreation
Map and will provide the only direct access to the Shoreline
Park Band for residents of the proposed project. Development
of such access would be consistent with General Plan Policy
R-25, which required that "Access to the San Rafael Canal
and Bayfront in accordance with the Canal Land Use, Access
and Recreation Plan Maps" be maximized. Condition (s)
of TS88-4 also advances General Plan Policy ESR -26, which
requires development of "Pedestrian access from (Bellam
Boulevard) to the shoreline band".
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
JEPLM-L-
.
ONCIN , City Clerk