HomeMy WebLinkAboutCC Resolution 7236 (Spinnaker on the Bay Fill)RESOLUTION NO. 7236
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING AN APPEAL AND UPHOLDING THE
PLANNING COMMISSION ACTION TO
CONDITIONALLY APPROVE A USE PERMIT
FOR IMPORTING OF FILL MATERIAL
FOR THE SPINNAKER ON THE BAY SITE
Bellam @ Catalina Boulevards
AP 9-100-01, 04, 05; 9-142-23, 24, 26, 53; 9-010-17 & 21
(UP85-48)
WHEREAS, the City of San Rafael received a use permit
application for importing of 160,000 cubic yards of fill material
and placement on a 30+ acre upland portion of the Spinnaker
on the Bay site; and
WHEREAS, on October 29, 1985, the Planning Commission
reviewed the use permit for fill voting on a 5-0 vote to conditionally
approve the applications. The Planning Commission found that
the filling with conditions of approval would be consistent
with the certified EIR for the Spinnaker on the Bay project
and that such action is appropriate (given fill constraints)
regardless of the ultimate site plan design. Permitting fill
at this time allows for proper settlement and surcharging;
and
WHEREAS, on November 4, 1985, an appeal was filed
by the Friends of Spinnaker Point; and
WHEREAS, on December 2, 1985, the City Council held
a public hearing on the appeal of the Planning Commission's
decision considering the staff report and conditions of approval.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael
City Council denies the appeal and upholds the Planning Commission's
action to conditionally approve this use permit for site filling
based on the following findings:
(1) Approval of the use permit for importing 160,000
cubic yards of fill material on the subject
property would not be detrimental to the health,
safety and welfare of surrounding properties
or uses in that mitigation measures are identified
in the project EIR and incorporated as conditions
of approval. Approval of this use permit with
conditions as proposed would be wholly consistent
with the adopted P -D zoning and the project
EIR in that conditions of approval ensure minimal
impacts to air, water, traffic and wildlife.
(2) Approval of a use permit for fill is appropriate
regardless of the ultimate site plan design
given site fill constraints established in the
certified EIR. Permitting the fill would allow
ORivINAI
RESOLUTION NO. 7236
time for proper surcharging and settlement and
is necessary for upland portions of the site
to meet Flood Protection Standards.
(3) Approval of a use permit for filling as proposed
would be consistent with the City's recent adoption
of the P -D zoning. The P -D zoning as adopted
is consistent with the City's General Plan and
environmental findings in the Certified EIR.
BE IT FURTHER RESOLVED that the City Council hereby
approved the use permit with the conditions outlined in attached
Exhibit "A".
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 Second day of December
1985, by the following vote, to wit:
AYES: COUNCILMEMBERS : Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS : Breiner
ABSENT: COUNCILMEMBERS : None
JE W1� M. LEONCINI, City Clerk
-2-
EXHIBIT "A"
Conditions of Approval:
PUBLIC WORKS DEPARTMENT
(a) All earth movement shall be subject to approval of a grading permit
by the Public Works Department.
(b) Final grading plans shall show all existing and proposed contours.
(c) Grading, drainage and foundation plans shall be reviewed and signed
by the soils engineer.
(d) 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.
(e) The site shall be winterized, and all erosion control measures shall
be installed prior to initiation of filling as required by the Public
Works Department.
PLANNING DEPARTMENT
(f) This use permit is approved for a maximum of 160,000 cubic yards
of imported fill to comply with City flood protection standards.
(g) Filling of the 20 acre lagoon or the 16.6 acre diked wetland/marsh
is prohibited by this use permit.
(h) All land filling and grading shall be in compliance with the measures
identified in the soils report prepared for the proposed project
by Harding and Lawson Associates, dated September 6, 1983, and listed
on pages 25 and 26 of the draft Environmental Impact Report for Spinnaker
on the Bay.
(i) A comprehensive erosion and sediment control plan shall be submitted
prior to issuance of grading permits. The plan shall include areas
for stockpiling and a watering/sprinklering plan to minimize dust
generation.
(j) A truck route for importing fill materials shall be established by
the City Engineer prior to issuance of a grading permit. Bonding
for wheel loads shall be required.
(k) Hours of operation for grading and importing materials shall be limited
to between 7:30 a.m. to 3:30 p.m., Monday through Friday, in order
to limit noise and traffic impacts.
(1) Any necessary street cleaning as a result of spilled fill material
shall be the responsibility of the developer. Failure to clean up
the debris in the public right-of-way could result in a stop work
order by the City of San Rafael.
(m) Prior to issuance of a grading permit by the Public Works Department,
the limit line of land fill shall be staked and fenced in the field.
The purpose of staking and fencing shall ensure that there is no
filling of existing lagoon and wetland areas and to identify the
jurisdictional limits of the U. S. Army Corps of Engineers. The
protective fence shall be installed at the top of the existing levee
and shall remain at this location during the grading activities.
The U. S. Army Corps of Engineers shall be notified prior to issuance
of a grading permit.
(n) Prior to issuance of a grading permit, the applicant shall design
and implement an erosion control plan to prevent sediment from entering
the lagoon during construction. The plan shall include provisions
for items such as sediment detention basins and traps, silt fences
and/or hay bales, temporary seeding of dirt piles and distributed
soils areas, and watering of loose soil areas on windy days. The
plan shall be approved and enforced by the City of San Rafael.
(o) Graded slopes shall be directed away from the lagoon and wetland
areas.
(p) As grading is completed on various portions of the project site,
these portions of the site shall be hydroseeded or landscaped, as
required by the Public Works and Planning Departments' use and grading
permits.
(q) This use permit is approved for one year or until December 2, 1986,
and shall become null and void unless a grading permit is granted
by the Public Works Department or a time extension granted.