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HomeMy WebLinkAboutCC Resolution 7452 (99 Professional Center Parkway)RESOLUTION NO. 7452 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RECERTIFYING THE NORTHGATE ACTIVITY CENTER PLAN EIR WITH FINDINGS OF OVERRIDING CONSIDERATION AND UPHOLDING AN APPEAL ELIMINATING THE PLANNING COMMISSION'S APPROVAL OF A CONDITION CONTROLLING THE TIMING OF PROJECT DEVELOPMENT FOR A 42 UNIT APARTMENT PROJECT; 99 PROFESSIONAL CENTER PARKWAY WHEREAS, on April 15, 1985, environmental and design review permit applications were filed for development of a 42 unit apartment complex on an in -fill lot located at 99 Professional Center Parkway; and WHEREAS, upon completion of the application in July, staff prepared an initial environmental study which included a review of traffic, soils, drainage and aesthetics; and WHEREAS, in September 1985, a traffic analysis was prepared for the project by Wilbur Smith and Associates. The analysis notes that the project is tributary to the Freitas Interchange which presently operates below Level of Service D and into Level of Service E. The project would aggravate this level of service by adding ten critical moves to the intersection; and WHEREAS, on January 7, 1986, the City Council imposed a Citywide moratorium halting the processing of many development applications. The project was deemed exempt for processing from the moratorium because it is a residential rental project located on an in -fill site; and WHEREAS, on June 21, 1986, a 90 day extension to State mandated one year processing time limits was granted to avoid an automatic approval of this project; and WHEREAS, on July 29, 1986, the Planning Commission reviewed the design review permit for this project. The Planning Commission staff report identifies that the Freitas Parkway Interchange operates below the Level of Service D standard as specified in the Northgate Activity Center Plan overlay ordinance which reads as follows: 14.67.030 Operational Standard Traffic Level of Service D is the adopted standard for street operation in the Northgate Activity Center. Issuance of building permits will only occur after an applicant has demonstrated that transportation improvements necessary to serve his development and maintain Level of Service 11, u R IGI D will be fully funded concurrent with the issuance of building permits. The Northgate Activity Center Plan and certified EIR discloses that only the development of the Northgate Mall improvements could proceed in the absence of completion of the following improvements needed to provide at least Level of Service D operation at the Freitas Interchange: 14.67.040 Transportation Improvements The following improvements are needed to maintain Level of Service D operation standard of the Northgate Activity Center Plan: ID NUMBER ROADWAY CONSTRUCTION PROJECTS 3 Manuel T. Freitas Parkwav/HiRhwav 101 A direct northbound on-ramp serving traffic from Redwood Highway and Civic Center Drive, and channelization of the intersection to limit left turns across the northbound off -ramp. 4 Merrvdale Road Overcrossina An overpass over Highway 101 between Las Gallinas Avenue and Civic Center Drive utilizing the northern end of Merrydale Road. The above mentioned improvements will not be finalized for construction by CalTrans until the California Transportation Commission approves the 1987/88-1992/93 State Transportation Improvement Program in September 1987. Until that time, although it is unlikely, the California Transportation Commission could change the status and priorities presently listed in the STIP without City approval or control; and WHEREAS, on July 29, 1986, the Planning Commission approved the project with condition (w) which reads as follows: (w) This permit shall be valid for two years, or until Julv 29. 1988. However, building permits will not be issued until the State Transportation Improvements Program (STIP) for 1987/88 is formalized in September 1987. The program must include the Merrydale Overcrossing/ Frietas Interchange project. The Planning Commission approved the project with condition (w) to mitigate potential adverse traffic impacts from the project and to certify a Negative Declaration consistent with the California Environmental Quality Act; and WHEREAS, on August 5, 1986, the matter was appealed to the City Council by the applicant; and -2- WHEREAS, on November 3, 1986, the City Council held a public hearing on the appeal. After lengthy discussion of the proposal a majority of the Councilmembers concluded that the amount of traffic that would be generated by this project (less than 1% of the critical turning moves at the affected Freitas Interchange intersections) is not significant and that the benefits of a residential project with 10% below market rate units affordable to low income households would outweigh minor potential traffic impacts associated with the project. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby recertify the Northgate Activity Center Plan EIR and conditionally approves the project with the attached conditions, based upon the following findings and the conditions identified in attached Exhibit "A": (1) Consistent with Section 15091(a)(1) of the California Environmental Quality Act, changes and alterations have been made to the project or are required through implementation of conditions (attached Exhibit "A") which substantially reduced the environmental effects associated with geology, drainage and visual impacts. However, the project would result in minor unavoidable adverse traffic impacts by aggravating currently unacceptable traffic levels at the critical Freitas Interchange. (2) Consistent with Section 15091(a)(2) of the California Environmental Quality Act, necessary transportation improvements that are within the authority of the City and changes and alterations to the project have been required to mitigate traffic impacts. The City's adoption of the Northgate Activity Center Plan in 1983 includes specific transportation/circulation improvements that would mitigate traffic impacts at the critical Freitas Interchange. The design stage of the transportation improvements has commenced and environmental documents assessing these improvements are due to be completed in December 1986. Furthermore, all funds have been secured and the Merrydale Overcrossing and northbound on-ramp projects are scheduled for construction in the State Transportation Improvement Program for 1987/88. Although the project will not be authorized for construction by CalTrans until the California Transportation Commission approves the STIP in September 1987, it is highly unlikely that this project will be removed from the program. (3) Consistent with Section 15092 of the California Environmental Quality Act, the City has considered the recertification of the Northgate Activity Center Plan EIR with finding (2) above prior to approving this 42 unit apartment project. The City has determined that the unavoidable traffic impacts are reduced and are acceptable due to overriding concerns that rental and low income housing are desperately needed in San Rafael. (4) Consistent with Section 15093 of the California Environmental Quality Act, the City of San Rafael has balanced the benefits of the proposed project against its unavoidable traffic impacts to what is considered acceptable. The outweighing benefits of the proposed project are listed as follows: -3- (a) The amount of traffic that would be generated by this project is not significant accounting for ten critical moves, which is less than 1% of the present number of critical moves that are generated through the Freitas Interchange during the P.M. peak hour. (b) The proposed project would provide needed rental housing thus attempting to help mitigate a jobs/ housing imbalance in the community. The jobs/housing imbalance is a foremost issue that has been identified in the recently released draft General Plan revision. The draft General Plan revision recommends that residential projects be given priority over nonresidential development. (c) The project would provide needed affordable housing by proposing a minimum of 10% below market rate units affordable to low income households. This would satisfy the goals and objectives of the adopted Housing Element and draft General Plan revision. (d) The subject property is the only undeveloped lot on a street that is fully developed with similar residential complexes. No major grading or construction of subdivision improvements are necessary for this "in -fill" lot to be developed. (e) The proposed project would not prejudice the ongoing General Plan revision process. The project as proposed would be consistent with the recommended residential land use designation of the draft General Plan and would be consistent with many other draft General Plan policies pertaining to land use, housing, design, natural environment and safety. (f) Approval of this project would not set a precedent for other similar projects in that there are very few sites in the area which are tributary to the Freitas Interchange and are appropriately zoned or designated for similar residential development. Other similarly zoned and designated sites in this area are not in -fill sites which are completely surrounded by existing development. 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 17th day of November 1986, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli & Nave NOES: COUNCILMEMBERS:Russom & Mayor Mulryan ABSENT: COUNCILMEMBERS:None JEA ET M. LEONCIN City Clerk EXHIBIT "A" Conditions of approval: FIRE DEPARTMENT (a) An automatic sprinkler system shall be installed to the satisfaction of the Fire Department. Sprinkler alarms shall be NFPA 71/UL listed. (b) A fire hydrant shall be required if there is not a hydrant located within 150 feet of the subject property. POLICE DEPARTMENT (c) The recreation area pool shall be enclosed with a six-foot high open fencing to provide visibility for surveillance of the area. All front doors shall have 180° door viewed installed at the proper height for the occupant. (d) All sliding glass windows within 12 feet of the ground shall have a secondary lock mounted on the bottom of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8 inch in thickness and shall have a minimum throw of 1/2 inch. Louvered windows shall not be used within eight feet of the ground level. (e) Recreation area lighting is to be 1-1/2 candle power at the ground level maintained. The recreation area shall be well lit at night and maintained by a photo cell or time clock. (f) All exterior doors shall be solid core construction, excluding sliding glass doors, with a minimum thickness of 1-3/4 inches or with panels not less than 9/16 inch thick. PUBLIC WORKS DEPARTMENT (g) Gradin & Earthwork 1) Prior to issuance of building permits, the final plans and reports shall be submitted to the Geotechnical Review Board. The applicant shall make a deposit with the City Engineer to cover the cost of this review. 2) Prior to construction, a supplemental soils report shall be submitted to address the conditions of approval and the recommendations of the Geotechnical Review Board. 3) The final grading plans shall be prepared in accordance with the recommendations of the report prepared by Chatoian Associates dated April 16, 1984, and any supplemental reports prepared for this site. 4) Grading plans shall show all proposed and existing contours as well as proposed drainage improvements. Grading, drainage and foundation plans shall be reviewed and signed by the soils engineer. 5) All earth and foundation work shall be done under the direction of a soils engineer; and a final report shall be submitted prior to acceptance of the work. 6) Site improvement plans shall be submitted along with the building plans. 7) Adequate retaining wall support shall be provided along the southeasterly property where an inadequate retaining wall presently exists. (h) Storm Drainage 1) The improvement plans shall show all existing and proposed drainage facilities. 2) No building/structures shall be allowed over any drainage culvert. 3) Any hydraulics and hydrology analysis shall be provided for all drainage systems within the scope of this project. 4) An encroachment permit will be required for the construction of the required drainage improvements which are within the public right-of-way. 5) Runoff from improved areas shall be collected and conveyed to the street, or established drainage facilities, by underground conduit. Drainage shall not be diverted or concentrated onto adjoining properties; or onto cut and fill slopes; or over sidewalk and driveways. 6) All proposed headwalls shall be constructed with sloped grate trash racks, as well as upstream post type configurations. Headwalls shall be constructed with easy access for maintenance. 7) Maintenance of drainage and drainage improvements within this site shall be the responsibility of the private property owner. (i) Sanitary Sewers 1) The improvement plans shall show the location of all existing and proposed sanitary sewer facilities. 2) Prior to issuance of building permits, a letter shall be submitted from the Las Gallinas Valley Sanitary District indicating that they have reviewed the plans and reports; and that sewer connections are available. 3) Any new connections to the sewer main in the street shall require an encroachment permit. (j) Frontage Improvements 1) Standard frontage improvements shall be constructed along Professional Center Parkway, as required by the City Engineer. 2) An encroachment permit will be required for the construction of all frontage improvements. 3) All frontage improvements shall be constructed in accordance with the "Uniform Construction Standards for the Cities and County of Marin." (k) Traffic 1) The on-site traffic circulation and parking plan shall be subject to approval by the City Traffic Engineer. PLANNING DEPARTMENT (1) The building techniques, materials, elevations and appearance of this project, as presented for approval, shall be the same as required for the issuance of a building permit. Any future additions, expansions, remodeling, etc., shall be subject to the review and approval by the Planning Department. (m) All mechanical equipment (i.e., air conditioning units, meters and transformer) and appurtenances not entirely within the structure (on side of building or roof) shall be screened from public view. The method used to accomplish the screening shall be indicated on the building plans and approved by the Planning Department prior to issuance of a building permit. (n) Prior to building final, the applicant shall provide a two year maintenance contract for landscaping or post a two year maintenance bond. (o) All individual parking spaces will be single striped with wheelstops or curbing provided at each space. (p) All lighting improvements (including street lighting), facilities and fixtures shall be subject to the review and approval of the Police and Planning Departments prior to issuance of a building permit. This review shall be to insure that all doors and entrances are adequately illuminated and to insure that all illumination is directed at the subject property. -2- (q) All improvements as proposed and conditionally approved as part of this permit shall be installed, completed or satisfied prior to building final and/or occupancy. Although Section 14.11.068 of the San Rafael Municipal Code permits the posting of a performance bond or letter of credit, such posting is not routinely accepted and shall be permitted only when the applicant demonstrates that there are special or unusual circumstances that prevent completing the improvements prior to building occupancy. No performance bonding or letter of credit shall be permitted unless approved by the Planning Director after demonstration of such special or unusual circumstances. (r) Detailed landscaping and irrigation plans shall be submitted to the Planning Department for approval prior to issuance of a building permit. Prior to issuance of a building permit, the plans shall be modified to include the following: 1) A small, enclosed clubhouse shall be designed for the pool or courtyard area. A recreation room can be incorporated into the main buildings as an alternative. (s) The color scheme and building materials are subject to review and approval by the Planning Department prior to issuance of a building permit. (t) Sewer connectors must be issued prior to issuance of building permits. (u) Prior to issuance of a building permit, the applicant shall agree in a form acceptable to the City Attorney to pay traffic mitigation fees of $53,360.00 as adjusted by the Lee Saylor Index (dated January 1981) for inflation. (v) In the event that County bond financing is not secured, the applicant shall be required to provide a minimum of 10% (4 units) for moderate income households (80-120% of the median). This requirement shall include a mix of unit types. The details shall be determined when the tentative map is reviewed by the City. (w) This permit shall be valid for one year, or until November 3. 1987. and shall become null and void unless a building permit is issued or a time extension granted.