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HomeMy WebLinkAboutCC Resolution 7004 (Canalways Project)RESOLUTION NO. 7004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING WITHOUT PREJUDICE A GENERAL PLAN AMENDMENT, URBAN DESIGN AND DEVELOPMENT POLICY STATEMENT AMENDMENT, REZONING (APPLI- CATIONS GPA82-1, P82-1 AND Z81-22) FOR THE CANALWAYS PROJECT (AP 9-010-22, 23, 24 & Ptn. 33) WHEREAS, applications were filed for a General Plan Amendment, Urban Design and Development Policy Statement Amend- ment and Rezoning of the Canalways site (Assessor's Parcels 9-010-22, 23, 24 & Ptn. 33) on September 28, 1981, and completed on March 18, 1982; and WHEREAS, the applications have been amended from time to time with the final plans submitted October 31, 1984; and WHEREAS, the proposed Canalways project includes: 1. A General Plan Amendment to change the existing Business and Industrial Review Area designation on 23 acres at the northwestern corner of the property to an Open Space and Resi- dential Review Area designation, 2. Urban Design and Development Policy Statement Amend- ments to: change the existing Conservation/Recreation with Supportive Commercial Industrial designation to a Housing Desig- nation; modify the suggested development/habitat ratio from 25 acres of development/55 acres of habitat to 31.5 acres of develop- ment/1.2 acres of shoreline band/47.6 acres of habitat; and permit 3 -story development where the existing height limit is 2 -stories or 25 feet, and 3. Rezoning of the property to a P -D (Planned Develop- ment) District for: a) 350 townhouses on the proposed 23 acre residential area; b) a 233,000 gross square foot 3 -story office complex on 6.2 acres; c) a community/day care center on 1.1 acres; and d) a 67.2 -acre wildlife habitat area; and W. ; RESOLUTION NO. 7 4 WHEREAS, the City of San Rafael initiated the prepara- tion of a neighborhood plan for the East San Rafael Neighborhood, the neighborhood in which the proposed project is located; and WHEREAS, the San Rafael City Council adopted a systematic procedure for evaluating an individual project's potential to prejudice the neighborhood planning process based on the project's size, location and specific features; and WHEREAS, a Draft Environmental Impact Report on Canalways was prepared, circulated for public review and comment, responses prepared to all public comments; and the Final Environmental Impact Report was certified as complete, correct and adequate by the San Rafael City Council on October 15, 1984; and WHEREAS, the San Rafael Planning Commission has reviewed and considered the certified Final Environmental Impact Report in its review of the project; and WHEREAS, the San Rafael Planning Commission held a public hearing on the final project December 11, 1984 to review the proposal at which time the City Staff Report dated December 5, 1984, and public testimony were considered by the Planning Commission; and WHEREAS, the San Rafael Planning Commission unanimously (M/S Starkweather/Hoffmann; 5-0) adopted the attached resolution and recommended that the City Council deny the project without prejudice; and WHEREAS, the San Rafael City Council has reviewed and considered the certified Final Environmental Impact Report in its review of the project; and WHEREAS, the San Rafael City Council held a public hearing on January 7, 1985, to review the proposal at which time the City Staff Report dated January 2, 1985, and public testimony were considered by the City Council. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council determines that the proposed Canalways project is pre- judicial to the neighborhood planning process and potentially inconsistent with the City's General Plan for the following reasons: - 2 - RESOLUTION N0. 7,,4 1. The proposed land use designation and density/ intensity prejudice the neighborhood plan which will implement the San Rafael General Plan because the alternatives of business/ industrial uses versus housing uses and the appropriate densities/ intensities for both types of development are still being analyzed for their effects on neighborhood housing, employment, traffic, police services, schools, and wetlands habitat. 2. Canalways' high housing densities and short term commitment to rental tenancy are substantially different from some residential options being considered in the Neighborhood Plan process. Some of the options under consideration include lower residential densities to provide housing mix in the neighborhood, City regulation of tenancy (owners/renters) type, mandatory Below Market Rate (BMR) requirements, inclusionary BMR units on-site, in lieu BMR fees for off-site housing, and elimination of the voluntary BMR program for the East San Rafael Neighborhood. Given the above range of options, a decision on a residential project as large as Canalways prior to adoption of the neighborhood plan would set an important precedent for the plan's housing section and for other residential development projects to follow in the absence of neighborhoodwide analysis. 3. Based on the certified EIR and Federal and State trustee agencies' comments, it has been found that the wetland areas proposed to be preserved by the Canalways project do not provide sufficient habitat for either the endangered Salt Marsh Harvest Mouse or the general waterfowl of the area. The Canalways wetlands are unique resources as defined by Federal and State policies and should, therefore, be protected pursuant to San Rafael General Plan Conservation and Open Space Policy 4: "Empha- size the protection of rare or threatened species of wildlife and plants, as well as the protection of other resources which stand out as unique in the area because of their scarcity, scientific value, aesthetic qualities or cultural significance." - 3 - RESOLUTION NO. J4 4. An approval of Canalways prior to adoption of the East San Rafael Neighborhood Plan would commit the City to accepting certain significant traffic impacts and relying on cer- tain transportation improvements at a time when the assignment of traffic capacity and new developments' responsibility to funding transportation improvements are being evaluated in the neighborhood plan and related traffic studies; and 5. Approval prior to adoption of the neighborhood plan would prejudice the plan's evaluation of potential public park locations and whether land dedication or in lieu fees would be required for consistency with implementation measure 27 of the San Rafael Recreation Element which requires the City to "secure and develop a new neighborhood park in the Canal neighborhood." BE IT FURTHER RESOLVED that the proposed General Plan Amendment, Urban Design and Development Policy Statement Amendment, and Rezoning (applications GPA82-1, P82-1 and Z81-22) be denied without prejudice because they would prejudice the neighborhood plan process as found above and the Urban Design and Development Policy Statement Amendment and Rezoning are inconsistent with the City's existing General Plan as detailed in the Neighborhood Plan Issues Analysis contained in the January 2, 1985 staff report. 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 7th day of January 1985, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None JEA �I.LEAC Ci y Clerk 22 A/3