HomeMy WebLinkAboutCC Resolution 7495 (26 San Pablo)RESOLUTION NO. 7495
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
UPHOLDING STAFF'S DECISION NOT TO ACCEPT APPLICATIONS
FOR A 40 UNIT CONDOMINIUM DEVELOPMENT
(LAUREL GLEN) AT 26 SAN PABLO AVENUE
WHEREAS, on November 3, 1986, the applicants of the
former Laurel Glen condominium development attempted to file
zone change, use permit and design review applications with
the Planning Department for a revised 40 unit project. The
Planning Department reviewed the applications, finding that
the proposal for 40 dwelling units is inconsistent with the
draft General Plan. The draft General Plan specifically designates
the property as follows:
(1) Low density residential (2.0 to 6.5 dwelling units
per acre) for development portions of the site (roughly
5.25 acres).
(2) Conservation area for undeveloped hillside portions
of the site (roughtly 9.25 acres).
(3) A Northgate P.M. peak hour trip allocation (consistent
with the 1982 Northgate Activity Center Plan) assigning
a maximum density of 34 dwelling units; and
WHEREAS, consistent with Resolution No. 7427 adopted
by the City Council on September 2, 1986, staff did not accept
the applications for processing. Resolution No. 7427 stipulates
that until the draft General Plan revision is adopted, the
Planning Department can accept only development applications
that are consistent with the land use designation for the property;
and
WHEREAS, the applicants were informed that action on
this administrative decision not to accept applications for
processing could be appealed to the City Council within seven
calendar days; and
WHEREAS, on November 5, 1986, the applicants appealed
staff's decision to the City Council. There was no substantial
evidence submitted by the applicant to support the appeal;
and
WHEREAS, the appeal was scheduled for City Council consideration
on January 19, 1987, but was continued at the request of the
applicants; and
ORIGINAI6
RESOLUTION NO. 7495
WHEREAS, on February 2, 1987, the City Council held
a public hearing on the appeal. After some discussion on the
matter involving consultation with the City Attorney, it was
recommended that the appeal be denied based on the applicants'
expressed intention to withdraw the appeal and await adoption
of the General Plan revision.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City
Council voted to deny the appeal based on the applicants' expressed
intention to withdraw the appeal and await adoption of the
General Plan revision. The denial action was also based on
the following findings:
(1) Acceptance of development applications for a project
which exceeds the density limits of the draft General
Plan would be inconsistent with the City Council
action on Resolution No. 7427. This Resolution specifically
limits the acceptance, processing and action of development
applications on projects that are consistent with
the draft General Plan land use designation.
(2) Acceptance of development applications for this project
would be prejudicial to the draft General Plan process
in that it would assume that the proposed density
of up to 40 dwelling units is acceptable under the
draft General Plan. Additionally, acceptance of
this development project would be highly prejudicial
to draft circulation policies, specifically Policiy
NG -3 which establishes residential density limits
for purposes of traffic and circulation control in
the Northgate area. Policy NG -3 reads as follows:
"Circulation Improvements. Provide the circulation
improvements called for in the Circulation Background
section and/or the Circulation Plan Map. Major improvements
include the Lincoln/Los Ranchitos connector, the
proposed eastside arterial, the Merrydale overcrossing,
and interchange improvmeents at Lucas Valley Road
and Freitas Parkway.
Commercial intensity and residential density have
been limited in Northgate based on traffic capacity.
A 0.3 Floor Area Ratio is used for all commercial
land uses as the basis for allocating trip generation
to individual sites. A parcel specific listing is
included in the appendix to the Plan."
The appendix to the draft General Plan identifies
a maximum density of 34 dwelling units for the subject
property.
(3) Draft General Plan Policy H-20 allows for density
bonus incentives. This draft Policy reads as follows:
"Density Bonus Incentives. Provide density/traffic
allocation bonuses from unallocated bonus trips and
waiver of fees to projects which provide more than
15% of total units affordable to low or moderate
income households."
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RESOLUTION NO. 7495
The project as proposed does not provide any units
affordable to low and/or moderate income households.
(4) Although the site has been graded and it is in the
City's interest to "facilitate" construction and
completion of the formerly approved project, it should
not be done at the cost of prejudicing the General
Plan process. At the present time, the graded/undeveloped
site has been winterized and does not pose a threat
to adjacent or vicinity properties. When the Northgate
Activity Center Plan was adopted in 1982, it was
determined that the high end density of 34 units
was more than reasonable for development of the subject
property. In fact, an unusually low P.M. peak hour
trip rate of .5 trips per dwelling unit was used
at the time to assess traffic and to accommodate
the 34 units. The low trip rate was used because
all 34 units were proposed as small units of less
than 1,000 square feet in size. Special findings
were made to further support the lower trip rate
primarily based on the location of the site and the
level of service at affected intersections. Subsequent
to action on this project, City staff discovered
that the .5 trips/unit rate was much too low to utilize
as a standard for Northgate based on an observation
of other similar projects and ITE Manual standards.
Consequently, the City adopted the Northgate Activity
Center Plan with a P.M. peak trip rate of .7 trips/unit
for small units under 1,000 square feet. Even the
.7 trip/unit rate is extremely low, and staff is
presently proposing a trip rate of .85 trips/unit
for all condominium/townhouse units in the draft
General Plan. It should also be noted that although
the North San Pedro Road intersections presently
operate at Level of Service C and were projected
to operate at Level of Service D with buildout, major
projects such as expansions to the Civic Center and
development of Marin Ranch Airport would result in
Level of Service E or F operations. Adding density
to the proposed project would be inconsistent with
proposed trip rates and would further aggravate the
intersections.
(5) Acceptance of development applications for this project
would create a precedent for other similar requests
which could directly impact the recommendations of
the draft General Plan and divert City attention
from the General Plan process.
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 Tuesday , the 17th day of February
1987, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAW"14. LEONCINi� City Clerk
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