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HomeMy WebLinkAboutCC Resolution 7229 (Bayview Business Park)RESOLUTION NO. 7229 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING A PORTION OF APPEAL AND PARTIALLY UPHOLDING THE PLANNING COMMISSION'S DECISION TO CONDITIONALLY APPROVE USE AND DESIGN REVIEW PERMITS FOR BAYVIEW BUSINESS PARK FRANCISCO BOULEVARD EAST AT PELICAN WAY (UP82-65[b] and ED85-54) WHEREAS, as follow-up to the City's adoption of P -D zoning, the applicant filed use and design review permit applications for the Bayview Business Park office and light industrial development; and WHEREAS, on October 7, 1985, the applicant appealed conditions (a)(3) and (a)(4) of the use permit and conditions (o) and (p) of the design review permit pertaining to project phasing and traffic mitigation fees; and WHEREAS, in staff's review of the proposal, it was concluded that circumstances have changed since adoption of the P -D zoning which warrant modifications to initial phasing, use permit and traffic mitigation fee requirements; and WHEREAS, on October 1, 1985, the Planning Commission reviewed the proposed use and design review permit applications. Given the City's recent actions on other large development projects in the East San Rafael area and a review of the available traffic capacity to maintain acceptable levels of service, the Planning Commission concluded that modifications to initial phasing and traffic mitigation fee requirements are necessary. The Planning Commission concluded that the City has an obligation to properly assess the traffic situation as it presently stands. NOW, THEREFORE, BE IT RESOLVED that the City Council denies the appeal and upholds the Planning Commission decision requiring conditions (a)(3) and (a)(4) of Use Permit 82-65(b) based on the following findings: (1) Approval of the use permit will not be detrimental to the health and safety and general welfare of surrounding properties or persons within the East San Rafael area provided that conditions approved by the Planning Commission are required. Conditions for subsequent use permits and project phasing are necessary to mitigate unavoidable adverse traffic impacts. With the City's recent approval of the Spinnaker on the Bay project, there have been sufficient project approvals to trigger Level of Service F conditions at the critical Bellam intersections if all approved projects were constructed prior to any major traffic improvements. Level of Service D is the Council's adopted Level of Service goal for East San Rafael at buildout. Approval of the Bayview project without the mandatory phasing could result in unavoidable adverse traffic impacts. Without the phasing as proposed, preparation of an Environmental Impact Report and findings of overriding consideration, consistent with the California Environmental Quality Act, would be required. Modifications to the phasing originally approved in January 1984 when the P -D zoning was adopted are justified given the changes in traffic circumstances that have occurred since initial adoption of the P -D zoning and consistent with the City's present phasing requirements for other large traffic -generating projects in the East San Rafael area. (2) The uses as proposed are consistent with the draft East San Rafael Neighborhood Plan, dated August 1985. The square footages, land use distribution and trip allocation would be within the recommended limits of the draft Plan. BE IT FURTHER RESOLVED that the appeal of conditions (o) and (p) of ED85-54 is hereby granted and that the Bayview Business Park's traffic mitigation fee obligation is not to exceed $350,000 (as adjusted by the Lee Saylor Index since January 1984) per the January 1984 P -D zoning for the project. Each of the seven buildings is obligated to pay 1/7 of the total traffic mitigation fee for the project. The fee amounts for Phase I buildings would be as follows: (o) Prior to issuance of a building permit for building B, the applicant shall pay to the City of San Rafael traffic mitigation fees in the amount of $50,000 as adjusted by the Lee Saylor Index since January 1984. (p) Prior to issuance of a building permit for building C, the applicant shall pay to the City of San Rafael traffic mitigation fees in the amount of $50,000 as adjusted by the Lee Saylor Index since January 1984. 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 November , 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Brei ner, Frugol i , Nave, Russom & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA E M. LEONCINI,C\ ity Clerk