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
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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:
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(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.
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(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.