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
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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:
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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."
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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
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