HomeMy WebLinkAboutCC Resolution 7193 (Spinnaker on the Bay)RESOLUTION NO. 7193
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
FINDING THAT THE PROPOSED SPINNAKER ON THE BAY PROJECT
IS CONSISTENT WITH THE CERTIFIED ENVIRONMENTAL IMPACT REPORT
WHEREAS, in 1982 the Planning Department received
zone change and amendments to the Urban Design and Development
Policy Statement for East San Rafael for a 696 unit residential
and commercial development on the subject property involving
major filling of existing lagoon and wetland areas; and
WHEREAS, consistent with Sections 15063 and 15083
of the California Environmental Quality Act an initial environmental
study was prepared involving consultation with many agencies
and organizations. In April 1983, the Planning Commission
directed staff to prepare a focused environmental impact report;
and
WHEREAS, draft and final environmental impact reports
were prepared. Consistent with Section 15090(b), the final
EIR was presented to the City Council. The City Council reviewed
and considered the information contained in the EIR prior to
approving the project. On November 19, 1984, the City Council
adopted Resolution No. 6975 certifying the environmental impact
report; and
WHEREAS, the certified EIR concludes that the project
as initially proposed would result in unavoidable adverse environmental
impacts associated with biology, wildlife, water quality, drainage
and traffic. The final EIR identifies a number of mitigation
measures and project alternatives to significantly reduce or
eliminate potential unavoidable adverse environmental impacts.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael
City Council adopts this resolution finding the proposed Spinnaker
on the Bay project consistent with the certified EIR based
on the findings as follows:
(1) Consistent with Section 15091(a)(1), changes and
alterations have been made to the project or are
required through implementation of development standards
documented in the City Council staff report dated
August 19, 1985, which avoid or substantially lessen
significant environmental effects associated with
biology, wildlife, water quality and drainage. However,
the project at buildout has the potential to result
t
RESOLUTION NO. 7193
in unavoidable adverse traffic impacts in the East
San Rafael area; and furthermore, construction of
Phase I (approximately 176 dwelling units) alone
has the potential to result in Level of Service F
congestion at the Highway 101/Interstate 580/Bellam
intersections considering all other development projects
approved to date plus construction of interim traffic
improvements.
(2) Consistent with Section 15091(a)(2) of the California
Environmental Quality Act, changes and alterations
to the project that are within the reviewing responsibilities
of the City of San Rafael have been incorporated
to lessen unavoidable traffic impacts as much as
possible. The City's adoption of development standards
documented in the City Council staff report dated
August 19, 1985, include mitigation measures to reduce
traffic impacts. These measures include constant
City review of traffic capacity prior to approving
various required phasing stages of the project, limitations
on hours of operation for grading to reduce or eliminate
traffic impacts during the peak hours, and requirements
for payment of traffic mitigation fees to contribute
to necessary local transportation improvements.
The necessary transportation improvements to the
Highway 101/Interstate 580/Bellam interchange are
deemed to be a State responsibility requiring major
Federal and State funding for full construction of
necessary transportation improvements. The necessity
of State and Federal funding make it economically
infeasible for this project and the City of San Rafael
to implement the transportation improvements and
adequately reduce traffic impacts.
(3) Consistent with Section 15092 of the California Environmental
Quality Act, the City of San Rafael has considered
the final EIR in conjunction with finding (2) above
prior to approving the proposed Spinnaker on the
Bay project. The City of San Rafael has determined
that the unavoidable adverse traffic impacts are
reduced and are acceptable due to overriding concerns.
(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 adverse traffic impacts prior to approval
of this project. The City of San Rafael has determined
that the benefits of the proposed project outweigh
the unavoidable adverse traffic impacts to what is
considered acceptable. The outweighing benefits
of the proposed project are listed as follows:
(a) The proposed project would provide needed market
rate housing and includes a provision for a
substantial affordable housing component. The
housing benefits would be consistent with the
City's Housing Element and ongoing recommendations
of the East San Rafael Neighborhood Plan.
(b) The proposed project includes major shoreline
band access and park improvements and provisions
for private on-site recreation areas consistent
with the City's adopted Recreation Element.
(c) The proposed project would complete necessary
public street improvements (extension of Bellam
Boulevard and Catalina Boulevard) consistent
with street circulation in East San Rafael,
the findings of the Final EIR and ongoing recommendations
of the East San Rafael Neighborhood Plan.
(d) The project proposes no filling of lagoon or
wetland areas eliminating direct biological
RESOLUTION NO. 7193
and wildlife impacts. Preservation of the lagoon
and wetland areas is consistent with the ongoing
recommendations of the East San Rafael Neighborhood
Plan.
(e) The project with the development standards as adopted would
mitigate indirect biological and wildlife impacts associated
with endangered species. Setbacks as approved from the
lagoon and the wetland areas are found to be acceptable
provided that prior to tentative map or design review approval,
a qualified biologist substantiates that such setbacks will
not result in significant indirect impacts to endangered
species.
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 Sixteenth day of September
1985, by the following vote, to wit:
AYES: COUNCILMEMBERS : Frugoli, Nave & Russom
NOES: COUNCILMEMBERS : Vice -Mayor Breiner
ABSENT: COUNCILMEMBERS - Mayor Mulryan
JEA M. LEONCINI�7cll�tvy7lerkI