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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.