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HomeMy WebLinkAboutCC Resolution 7724 (Bayview Business Park)RESOLUTION NO. 7724 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION TO DENY WITHOUT PREJUDICE THE ENVIRONMENTAL AND DESIGN REVIEW PERMITS FOR BUILDINGS A, F AND G OF THE BAYVIEW BUSINESS PARK, 20 PELICAN WAY, 2550 KERNER BOULEVARD, 140 PELICAN WAY (ED86-113, ED86-114, ED86-115) WHEREAS, on October 15, 1986, environmental and design review applications were filed for buildings A, F and G of the Bayview Business Park. The applications were deemed consistent with the recommended land use designation and floor area ratio limits of the draft General Plan 2000 and thus accepted for processing per City Council adopted Resolution No. 7427; and WHEREAS, upon completion of the applications, City staff completed environmental review consistent with the California Environmental Quality Act and concurrent with the Planning Commission's review of the draft General Plan 2000; and WHEREAS, in February 1987 the City informed all affected property owners in East San Rafael of major draft General Plan 2000 traffic policies and programs for the East San Rafael area. It was disclosed that the critical Bellam intersections had improved to Level of Service "C" conditions and that ultimate level of service standards were being recommended for change in the East San Rafael area. Property owners were also informed that individual development projects could not be adequately reviewed in relation to CEQA because there is no certified EIR which assesses cumulative traffic impacts for the East San Rafael area; and WHEREAS, on November 17, 1987, per State Government Code 65950, the Planning Commission approved a 90 day extension for processing the subject applications. The purpose of the extension was to extend the processing time beyond the one year limits so as to avoid an automatic approval action; and WHEREAS, the additional 90 days for processing had been exhausted and that City action on these permits was to occur prior to February 15, 1988. Staff found that it is premature to take action to approve this project at this time given the ORIGINAL -/ 7z -/- outstanding status of the draft General Plan 2000 and accompanying EIR. An action to approve this project at this time would prejudice the outcome of the Plan; and WHEREAS, on January 26, 1988, the Planning Commission reviewed the applications, the staff report and accepted testimony from the applicant. The Planning Commission voted (5-0) to adopted Resolution 88-5 denying (without prejudice) the applications; and WHEREAS, on March 21, 1988, the City Council held a public hearing on the appeal reviewing the reports and accepting public testimony. The City Council concluded that the Planning Commission's decision should be upheld voting to deny the appeal. NOW, THEREFORE, BE IT RESOLVED that the City Council denies the appeal and upholds the Planning Commission's action to deny (without prejudice) the three subject environmental and design review permits based upon the following findings: 1. The design review permit entitlement that are requested are discretionary permits per Chapter 14.11 of the San Rafael Municipal Code. Furthermore, building permits for these buildings in this case are discretionary given that condition (a)(4) of UP82- 65(b) requires that the City determine that there is sufficient traffic capacity available to maintain acceptable levels of service, prior to issuance of building permits. 2. An environmental assessment must be completed under the provisions of Sections 15300.2(b) and (c) of the California Environmental Quality Act in that the proposal involves cumulative traffic impacts which could result in significant environmental effects. The environmental assessment of the project concludes that the proposal would aggravate cumulative traffic impacts in the East San Rafael Area. The draft General Plan 2000 Environmental Impact Report concludes that adverse cumulative traffic impacts in traffic sensitive areas such as East San Rafael cannot be mitigated on a project by project basis, but through implementation of a project approval procedure (mitigation policy C-7) which would allocate limited traffic capacity to "priority" development projects. At this time, this proposal is not considered a "priority" development because it does not involve development of affordable housing, high tax generating or neighborhood serving commercial uses as specified in draft General Plan policy C-7. Cumulative traffic impacts can be mitigated only through the establishment of timing of development policies so as to ensure that critical intersections continue to operate at acceptable operating levels of service. Approval of this project should not in Staff's opinion be granted until appropriate CEQA findings can be made. 3. Since the 1985 City Council adoption of Resolution #7229 granting use permit (UP82-65b) and master environmental and design review (ED85-54) permit approvals for this project circumstances have changed, which dramatically affect how and when development projects are approved and are allowed to proceed with construction . Although Resolution #7229 establishes "phasing" guidelines based upon a Level of Service "D" "goal", the changes in circumstances make it impossible for the City to consider this project independent of other pending development projects in the area. Specifically, the changes in circumstances that have occurred include a) a better knowledge of the ultimate development potential of the community, b) a greater number of pending development projects which would aggravate the existing circulation network, c) community demand for better traffic conditions on local streets and at critical intersections and d) community demands for more sensible growth consistent with the timing of transportation improvements. 4. The City is unable to make the findings required in City Council Resolution 7427. It is not possible to conclude that the project is consistent with the Plan to be adopted as well as the revised zoning and subdivision ordinances pursuant thereto. Although the proposal is consistent with many of the recommended land use and circulation policies of the draft General Plan 2000, approval of the project at this time would significantly interfere with the General Plan process and the City's ability to establish policies and procedures for maintaining acceptable traffic levels. Furthermore, an action to allow construction of this project at this time would be premature, would severely impact and significantly limit the City's abilities to establish fair and equitable measures for permitting development to proceed with construction, while consistently maintaining acceptable traffic levels. 5. Approval of this project at this time would prejudice the City's action on and the outcome of major draft circulation policies C-1, C-2, C-3, C-7 and program C -b, in that it would impact the City's ability to adopt a "midpoint" Level of Service "D" standard for the operation of the Bellam Intersections, would set a precedent to continue to approve development on a project by project basis and would interfere with the City's ability to implement measures for a fair and equitable way of allowing development to proceed with construction. The project would utilize most of the remaining traffic capacity to maintain a midpoint Level of Service "D" condition. Consequently, approval of this project at this time would be unfair to and precedent setting for other pending and possible development project in the East San Rafael area. 6. The project would result in traffic and circulation impacts which are individually limited but cumulatively significant. Although there is available traffic capacity in approving this project alone to maintain midpoint Level of Service "D" conditions, the cumulative effects of all pending and anticipated development in the East San Rafael area would result in level of service of "E" and "F" respectively. Given the cumulative impacts associated with this proposal, Section 15065 of CEQA states that such impacts are considered significant and thus warrant preparation of an environmental impact report. Given that previous environmental documents prepared for this project do not include an assessment of cumulative impacts, the draft General Plan 2000 EIR is essential in the review and consideration of this project. 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 18th day of April, 1988 , by the following vote, to wit: AYES• COUNCILMEMBERS•Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS:Frugoli ABSENT: COUNCILMEMBERS:None JE E M. LEONCINI, City Clerk