Loading...
HomeMy WebLinkAboutCC Minutes 1995-01-17SRCC MINUTES (Regular) 1/17/95 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 17, 1995, AT 7:00 PM Regular Meeting: Present: Barbara Heller, Councilmember San Rafael City Council David J. Zappetini, Councilmember Paul M. Cohen, Vice -Mayor Absent:Albert J. Boro, Mayor Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - CITY COUNCIL Vice -Mayor Cohen announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session item: Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(a): ■ Case Name: Copple, et al. v. City of San Rafael, et al. Marin County Superior Court Case No. 148065 Fred Edzel, attorney representing Duane Love and Darcy McDonald, 171 and 179 Woodland Avenue, stated they agree with a maximum of 12 units at 157 Woodland, provided they can be placed on the site without adversely affecting their privacy. He stated they understand there will be nothing in the Settlement Agreement that will preclude modifications to the building footprint and architecture to address concerns of his clients. 1. CLOSED SESSION - CONFERENCE ROOM 201 Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(a): ■ Case Name: Copple, et al. v. City of San Rafael, et al. Marin County Superior Court Case No. 148065 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 17, 1995, AT 8:00 PM OPEN SESSION RE: CLOSED SESSION ITEMS City Attorney Ragghianti announced that the subject of Closed Session was the matter of the Copple lawsuit v. the City of San Rafael. As a result of the discussion and the examination of Settlement Documents, the City Council voted unanimously to settle that case. The City has executed the formal Settlement Agreement and Release Document as well as a proposed Development Agreement. He stated that land use planning aspects of the project, proposed by Mr. Copple, will be the subject of applications made to the City in public hearings, but the Council did agree in this agreement to a density of 12 units, consisting of 2 single family lots and 10 townhouse units. Mr. Ragghianti noted the public is entitled to see copies of the Agreement commencing this evening or tomorrow morning, and they will be made available either through the Planning Department or City Attorney's office. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None. CONSENT CALENDAR Councilmember Zappetini moved and Councilmember Heller seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Approved as submitted. January 3, 1995 (CC) 3. Report on Bid Opening and Award of Contract RESOLUTION NO. 9284 - RESOLUTION OF - Reroofing Fire Station No. 2 (PW) - AWARD OF CONTRACT - RE ROOFING OF FIRE File 4-1-472 x 9-3-31 STATION NO. 2, PROJECT NO. 019-19909038000 (to Roofing Services, Inc. in the amount of $17,365). Council authorized appropriation of an addi- tional $5,000 to this project in order to abate the existing asbestos roofing. 4. Monthly Investment Report (Fin) - File 8-18 Accepted report. x 8-9 6. Map of Shoreline Industrial Park (18M93) and a. RESOLUTION NO. 9285 - ORDERING SRCC MINUTES (Regular) 1/17/95 Page 1 Map of Shoreline Center (21RM27) (PW) - File 2-12-1 x 2-12 x 5-1-324 x 5-1-241 b. RESOLUTION NO. 9286 - ORDERING AYES: COUNCILMEMBERS: Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor SRCC MINUTES (Regular) 1/17/95 Page 2 CLOSING, ABANDONING AND VACATING OF A PORTION OF SHORELINE PARKWAY RIGHT-OF-WAY AS SHOWN ON THE "MAP OF SHORELINE INDUSTRIAL PARK" (18RM93) AND ON THE "MAP OF SHORE- LINE CENTER" (21RM27), SAN RAFAEL, CALIFORNIA, AND AUTHORIZING EXECU- TION OF A QUIT CLAIM DEED TO RECON- VEY VACATED RIGHT-OF-WAY TO PRESENT UNDERLYING FEE OWNER(S). CLOSING, ABANDONING AND VACATING OF STORM DRAIN EASEMENT (SDE) ON LOT 5 AND LOT 25 AS SHOWN ON MAP OF SHORELINE INDUSTRIAL PARK (18RM93) AND MAP OF SHORELINE CENTER (21RM27), SAN RAFAEL, CALIFORNIA. Zappetini & Vice Mayor Cohen Boro The following item was removed from the Consent Calendar for discussion: 5. RESOLUTION AUTHORIZING SALE OF McDONNELL-DOUGLAS COMMON STOCK DONATED TO THE CITY OF SAN RAFAEL PUBLIC LIBRARY (Fin) - File 9-3-61 x 105 x 8-13 Finance Director Coleman reported that McDonnell -Douglas stock split last year, therefore, there may be more shares than the stock certificate indicates. He noted the value is probably closer to $4,700, rather than the $1,500 reported in the staff report. Councilmember Heller moved and Councilmember Zappetini seconded, to authorize the sale of securities (shares of McDonnell -Douglas stock, which was donated to the San Rafael Public Library). RESOLUTION NO. 9287 - GRANTING AUTHORITY FOR THE SALE OF SECURITIES (McDonnell -Douglas stock donated to the City of San Rafael Public Library) AYES: COUNCILMEMBERS: Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor PUBLIC HEARINGS Zappetini & Vice -Mayor Cohen Boro 7. PUBLIC HEARING - GENERAL PLAN AMENDMENT, ZONE CHANGE, TENTATIVE MAP, USE PERMIT, AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE DEVELOPMENT OF 19 SINGLE FAMILY LOTS, 1 DUPLEX LOT AND 1 NON-RESIDENTIAL LOT FOR PUBLIC/QUASI-PUBLIC USE AT THE OAKVIEW SCHOOL SITE; 70 SKYVIEW TERRACE; AP NO. 165-010-54; DIXIE SCHOOL DISTRICT, OWNER; FORSHER + GUTHRIE, REPRESENTATIVE (Pl) - File 10-3 x 10-5 x 10-7 x 5-5 x 115 Planning Director Pendoley explained this project would allow for the redevelopment of the Oakview School site, particularly the subdivision to allow for the construc-tion of 21 homes (nineteen single family and one duplex), and the continued use of the existing school facilities by a variety of non-profit agencies, as well as a for-profit nursery school. Mr. Pendoley elaborated on four points. General Plan Policies - The City's General Plan has a variety of policies that allow for the interim use of surplus school facilities, as well as the redevelopment of surplus school facilities. Mr. Pendoley noted this project is fully consistent with all of those. A technical General Plan Amendment has been recommended that would allow for the continued use of the property by the non-profit agencies, as well as the for-profit nursery school, noting that change is only technical. Design Issues - A variety of standards have been applied to the Plan District, and the Planning Commission, the Design Review Board and staff feel those policies will be very effective in avoiding a "Daly City" look, and they give the Council and Planning Commission the control they need. Maintenance of Drainage Facilities - The drainage facilities which have been proposed are adequate, but the question remains as to who would maintain them. Staff recom-mended having the Homeowners' Association maintain them; however, the School District was concerned about that solution and proposed that the drainage facilities should be maintained by the Homeowners' Association or "other appropriate entity". Mr. Pendoley stated if another entity is proposed, that will be evaluated at the time of the Final SRCC MINUTES (Regular) 1/17/95 Page 2 SRCC MINUTES (Regular) 1/17/95 Page 3 Map. He noted staff recommends that change. Traffic Trips - When the facility was a school, it generated a significant amount of traffic. Mr. Pendoley noted the new development would generate less, and there would be some surplus trips. He indicated the City's usual policy requires that those trips be put back into a pool to be reserved for future use. In this case, the District, on behalf of the non -profits, has asked that the trips be kept on the site. Mr. Pendoley explained that the Resolution has been drafted to implement that recommendation, noting the rationale is that it would be good public policy to benefit the community serving non-profit organizations in this way. Mr. Pendoley stated a letter was received today from Forsher + Guthrie asking for a small change to the Master Use Permit to clarify that administrative offices and programmatic services will be the primary use of the office part of the property. He noted that is fully consistent with the way the project has been described all along. Vice -Mayor Cohen asked if the changes recommended in the staff report were already incorporated in the Resolutions. Mr. Pendoley answered they are, except for the change in Condition 56 suggested by Forsher + Guthrie. Mr. Pendoley emphasized the nursery school is for-profit, but that is consistent with all the other uses allowed on public or quasi/public lands. Vice -Mayor Cohen declared the Public Hearing opened. Ann Song -Hill, President of the Dixie School Board, explained this has been a four-year process in cooperation with the neighborhood and the non -profits that were located at the Oakview site. She stated that because of increasing enrollment, the School District needs to fund some construction at the middle school and modifica-tions to the elementary school. She noted the timing of the sale of Oakview is critical to the District and their ability to meet the facility needs. Ms. Song -Hill stated the co -location of youth services at the Oakview site is a benefit to the entire community, and the density of the project is acceptable and welcome in the neighborhood. She said this is a win-win proposition, and asked Council to seriously consider adopting the Resolutions tonight. Lani Valentine, representing the Presidency of the Board of Directors of the Commu-nity Services Center, the non-profit organization which will buy Lot 21, explained they are a 501(C)3 non-profit organization of California whose purpose is to acquire and renovate properties in Marin County, so non -profits have the ability to co -locate for the purposes of collaboration and for sustaining a below market rental rate. She stated they will take responsibility for tenancy, and pointed out that the six buildings will be diminished to three, and they will assume ownership of those three. Councilmember Zappetini asked what kind of community services would be housed in those buildings. Ms. Valentine stated the services which are presently there and which they hope to continue are a focused effort around youth and children. There is CYSC (Coordinated Youth Services Consortium), the Full Circle Program, a child abuse prevention program, CASA (Child Abuse Special Advocates) and Youth Leadership Institute. Councilmember Heller asked if they were fully rented. Ms. Valentine stated there is 800 square feet to be rented, but otherwise they are fully rented. She noted there is a large conference and community room available to the agencies for training and to hold meetings, and is also available to the neighborhood and community at large. Ms. Heller asked who is responsible for the open play area. Ms. Valentine stated the play area is a part of Lot 21, with the requirement that the existing playing field remain open with no building on it. She noted there has been discussion with the neighborhood, suggesting they help with playground equipment and liability, but no one has stepped forward. If they do not, it will private property, and the new buyer will be responsible for the mowing, fire lanes, fire clearances, etc. She stated the City has indicated they do not wish it for park land. Vice -Mayor Cohen asked if there was any kind of timeline on the additional 5,000 square foot building? Ms. Valentine explained that once they formally take title, they can begin with fundraising. Matt Guthrie, partner in Forsher + Guthrie, noted he has been assisting the Dixie School District for the past three years to formulate the Master Plan. He stated numerous meetings have been held with the School District and the neighborhood to discuss design, land use and density for this project. He explained that this Plan has gone before the Design Review Board and Planning Commission, noting the consensus has been to maintain a balance of the existing non-profit uses with the residential land uses. He stated it is the District's intent to obtain these approvals, then to sell the residential portion of the Plan to a qualified builder, and the public use portion to the Community Services Center of Marin. Mr. Guthrie noted in addition to all the standards outlined in the staff report, there is a provision that every home will require further design review, which will allow for further neighborhood input. He stated the Master Plan which has been prepared complies with the intent of the General Plan, and that the conditions proposed will provide the City with sufficient control to ensure that the subsequent development SRCC MINUTES (Regular) 1/17/95 Page 3 SRCC MINUTES (Regular) 1/17/95 Page 4 is completed in conformance with this Plan. Councilmember Zappetini asked if the number of trips allocated will be increased when and if the 5,000 square foot building is developed. Mr. Guthrie explained that one of the provisions of the Master Plan is that 50 of the historical trips are allocated to Lot 21, and that number of trips does provide for the existing uses plus the new 5,000 square foot building. Vice -Mayor Cohen clarified two points in the letter received today from Forsher + Guthrie. 1) The administrative offices and programmatic services will be the primary use; 2) Referencing language in the Use Permit allows for the continued operation of a for-profit child care center, but would prohibit any other for-profit use on the site now or in the future. Mr. Guthrie agreed. Joan Roberts, 12 Salvador Way, stated the Homeowners' Association is very loosely knit and poorly attended. She stated her concerns: - There is a lot of traffic coming up Skyview, and in many cases cars do not stop at the stop sign coming out of the school area. The road is already in poor condi- tion, and should be a consideration for the developer now. - What type of offices that will go into the 5,000 square foot building, and what the square footage of these offices will be; how many will be rented out and who they have been rented to? She stated this is a residential area, and six or seven new offices will create more than 50 trips a day. - There is one access on Montevideo and one on Skyview Terrace, and if it is like development on Orchard Way in Terra Linda, there will be no room to park. The homeowners there cannot park in front of their homes. That plan should not have been approved. She stated that now is the time, even if it takes another six months, to look at this more closely. - What kind of drainage system are we talking about that "may be the responsibility of the homeowner?" Is it just a ditch that runs along the back of the house which homeowners will be required to keep cleared of leaves? She stated there have been a lot of problems with drainage throughout the County, and now is the time to look at this before it is developed. - Can the Fire Department get their trucks in there? Ms. Roberts stated she does not feel the property owners have been given the right information from the Homeowners' Association. Mr. Pendoley, responding to Ms. Roberts' concerns, stated that the zoning which has been proposed allows for the construction of 5,000 square feet of office space. He noted it is also based on the applicant's proposal to demolish 15,000 square feet of office space, which is a net loss of 10,000 square feet. Mr. Pendoley stated the uses that will go into the offices are the same uses that are there right now. He explained he does not know the sizes of the individual offices at this time. Mr. Pendoley stated the drainage system consists of a series of V -ditches located at the top and bottom of slopes. He indicated these would be maintained by the homeowners, or an equivalent "other legal entity" which would be decided before the Final Map. Mr. Pendoley explained that the City cannot require developers to repair the roads, since any damage now will not be attributable to development that will happen in the future. He noted the size of the proposed roads is consistent with all of our standards and will be more than adequate to handle the development, and that the traffic on Skyview Terrace would only be changed in a small way by the proposed residential development. Mr. Pendoley stated that a traffic study has been completed and is a part of the record. He indicated that fire trucks can negotiate all the roads, as well as a little loop road between Skyview and Montevideo that is required as part of the recommended approval. Vice -Mayor Cohen clarified that the loop road is for emergency access only. Mr. Pendoley agreed. Councilmember Heller referred to the diagrams hanging on the board, and asked that Lot 21 be pointed out to Ms. Roberts, which shows the proposed building and the part that will be demolished so she could get a better idea of the size that will decrease. Associate Planner Louise Patterson, pointed out Lot 21. Ms. Roberts stated that the uses within the 5,000 square feet will create more traffic than the 15,000 square foot building does now. She also asked the width of the streets shown on the diagram, and asked if they are they the same width as Orchard Way. Ms. Patterson stated she could not respond to the width of Orchard Way, but the diagram shows a proposed 52 foot right-of-way, and the pavement is proposed to be 34 feet wide, which the Public SRCC MINUTES (Regular) 1/17/95 Page 4 SRCC MINUTES (Regular) 1/17/95 Page 5 Works Department has reviewed and said is ade-quate for all emergency vehicles, cars and for parking on-site. Ms. Roberts stated Orchard Way was also approved, and she would hate to think that the beautiful site off Skyview and Montevideo would end up with all the approvals and be a situation like Orchard Way. She stated she is in favor of the development of homes, but is concerned about the traffic that will result from the additional office building. She stated her concerns have not been adequately answered tonight. Vice -Mayor Cohen asked if the 5, 000 square foot building would be subject to the Design Review process? Mr. Pendoley stated it would be. Mr. Cohen asked if there are individual use permit requirements for the non -profits who use the site. Mr. Pendoley answered there are not, noting there is a Master Use Permit which states these are non-profit based services, and there is an annual review of their perfor-mance to insure all the tenants satisfy the requirements of the Master Use Permit and that no problems are being created. Mr. Pendoley explained that this zoning is designed to allow the types of uses that are already in those office buildings today to continue. Mr. Cohen asked if one of the offices was being used by someone who suddenly generated a large traffic volume, would there be an opportunity under the Master Plan to review that specific use? Mr. Pendoley stated that is correct because the traffic analysis projected a rate of traffic generation, noting if the perfor-mance at the end of the year shows a difference from that, they must either come back into compliance, or they must apply to the Council for a new permit. Mr. Pendoley stated that Montevideo will be the same as it is today, noting the lots that will front on that road, give or take 5 feet, are exactly the same widths as all the other lots in that neighborhood. Therefore, the parking patterns and the way cars navigate on the street should remain the same. Councilmember Zappetini asked when and if this project is developed, will we be able to recoup some funds from the developer for repairing the street? Mr. Pendoley stated the developer is required to post a bond, as well as to deposit cash. Before the bond is released, the Public Works Department requires them to repair all the roads. He noted that typically, the road gets resurfaced. Harriett Brummer, 15 Salvador Way, stated she went to several Homeowners' meetings, but noted they were poorly advertised and poorly attended. She stated they were misled on several occasions, in particular being told that Easter Seals wanted the property. Within the next two days, the Marin Independent Journal reported that Easter Seals had purchased different property. She stated they knew at the meeting that Easter Seals was not going to purchase the property. Ms. Brummer indicated at that same meeting, they were told the uses would be similar to what was there now, and the geologists had okayed the hill as far as slippage. However, she noted the sink hole has almost doubled in size and has come down a foot during the last rain. She stated it would be nice to be able to come back before the Council to complain that the number of trips being made invalidates the use. Ms. Brummer said we all know what community services are, and although they do a good job, NIMBY (not in my back yard). She stated the people here tonight may not be around five years from now controlling it, noting we could have teenage drug abuse with counseling on site. She stated when Northgate Teen Center closed, it was reported there was an effort to relocate it to the Skyview site, and noted there has to be something in the Plan to say who the spaces are being rented to and how they are being used. She stated her house is the most important purchase she and her husband have made, they have children in the Dixie School District, they understand the District's financial problem, and she is not sure the whole neighborhood has been getting consistent, correct information for a decision to be made. She stated she has no problem with the new homes, however, all the neighbors should be notified when this happens, and they should not be expected to see the notice in small print on the back page of the Independent Journal. Ms. Brummer stated that five or ten years from now a non-profit will be on the site that is inconsistent with the desires of the neighborhood, and everyone will say, "Why didn't you do something back then?" This is back then. She stated individual renters should have to get a use permit. Judy Tipple, Vice President of Dixie School District, addressed the issue of the Easter Seals purchase. She explained that the District was completely surprised when they reneged on the sale. The District had a signed agreement, and a week later found out Easter Seals had paid no money. She noted the neighborhood group may have found out about it the same time the School District did, but it certainly was not done to pull the wool over anyone's eyes except by Easter Seals to the District. Jerry Kline, President of San Rafael Park Homeowners' Association, confirmed the Association does exist. He explained both he and Bill Byrd have spent their own money to maintain the Association, but noted of the 250 homes, only 45 responded. He stated that Skyview Terrace will only be affected by three additional homes because all the other homes will be accessed by Montevideo. He stated their only complaint is that only 2 homes will be one story homes. Approximately one third of the homes within San Rafael Park area are single story; therefore, it would be more consistent if in context of the 20 homes, there were 4-6 single story homes. Mr. Kline stated the Association welcomes comments from the neighborhood. He stated that both he and Mr. Byrd have been very diligent in SRCC MINUTES (Regular) 1/17/95 Page 5 SRCC MINUTES (Regular) 1/17/95 Page 6 attending meetings and have worked hard with the Dixie School Board and Mr. Guthrie in the preparation of this Plan. Councilmember Zappetini asked again how many homeowners are members of the Associa-tion. Mr. Kline responded that 45 have been members, and when they requested additional funding, they got little response. He noted that Dixie School District has used their own funding and the Homeowners' Association mailing list to send out notices to inform them of meetings. Mr. Zappetini asked how many of the 45 members normally attended the meetings. Mr. Kline stated it has varied from 10 to 40 or 50. Gene Gallagher, 38 Lucas Park Drive, stated he has been involved in the meetings and concurs with the general outline of the Plan. However, he stated he is concerned that the drainage will be slanted down into his backyard when they develop and scale the land for the building. He noted he had a drainage problem in his back yard in October. Councilmember Zappetini pointed out that as each of the homes is built, the homeowners will have the same opportunity to present their concerns. Andrew Hyman, spoke in support of the Plan and for the children of the Dixie School District. He asked that the Plan be moved forward because the children need the expansion of their schools and need the proceeds of what the development plan will do. Pat Gallagher stated that once the development begins, the project is out of the hands of Mr. Guthrie, and homeowners will have to rely on the City to be the watch -dog. Mrs. Gallagher stated it was her understanding that V -ditches are for surface water, and her concern is that a drainage system on a steep slope will have a major effect on drainage onto her property. She noted there have been problems in the past, and because of the steepness, there is grave concern regarding drainage. She asked the City to do its part on behalf of the homeowners. Vice -Mayor Cohen asked if the project has been subject to geotechnical review. Mr. Pendoley answered that it has. Mr. Cohen noted that the issues of drainage and grading the property so it drains away from the lots have already been addressed and incorporated, and a developer is not going to be able to come in and change that. Mr. Pendoley stated that in the future this will also be addressed before the property can be split. The Council must approve a Final Map which will include detail down to the inch, including plans for grading and the drainage facility, exactly where the V -ditches will be, exactly how big they will be, exactly how water will be underground -ed, etc. He stated that tonight's proposal will drain more water away from the Gallaghers' property onto public streets than does the present configuration of the land. Vice -Mayor Cohen stated he believes the City has met its obligation to protect the public interests in this matter, and will continue to do that. Mrs. DeSpain stated she, too, is very concerned about drainage because her property is directly below this project. Councilmember Zappetini asked how much is actually going to change what is existing other than cutting a shelf to put a house on. Mr. Pendoley stated that is the biggest change; the shelf will drain material away in the opposite direction onto the streets. The other change, just after the shelf breaks, will be the V -ditches which will also collect material and direct it onto the street or into underground catch basins. Basically, this property will result in less drainage going onto the down -hill neighbors. Mr. Zappetini clarified that the downhill slope will be interrupted by the shelf, then the water that comes down from above will be directed toward the street, and therefore, there will be less water coming down than before. Cecil Nielsen, 19 Salvador Way, referred to a letter submitted today to the Council, and stated they joined the Homeowners' Association, but were only notified of 3 or 4 meetings. She stated that when Mr. Kline referred to "we, the homeowners", he was actually referring to himself and a very few other neighbors, noting they do not represent the neighbors. Ms. Nielson stated she has a child in the Dixie School District, and it is sad to see them not have a large auditorium where they can play in the rain. Instead they sit in a small classroom and watch videos. She stated they are in desperate need for construction to begin immediately. She stated she is in favor of the sale of the Oakview site, but asked that the traffic problem in that area be looked at. She indicated the stop sign is too small and needs to also be painted on the street. She stated it is also important who rents the office space because she did not want any crazy institution up there. Ms. Nielsen asked if the zoning would change since the Plan calls for a duplex to be built. She also stated they are in desperate need of a park in the area, and asked that the City take it upon themselves to construct one, noting at one time, Oakview School field was used for soccer and baseball; however, it was destroyed and is no longer usable. Chris Anderson, 16 Salvador Way, stated he has lived there for two years and had not heard of the Homeowners' Association until tonight. He stated the only thing he has received until now is the City's notice for tonight's meeting. He asked why he has not received anything before now because he would like to be more involved. SRCC MINUTES (Regular) 1/17/95 Page 6 SRCC MINUTES (Regular) 1/17/95 Page 7 Mr. Pendoley stated that City Ordinances and other policies require that notices be sent whenever a project is going to a public meeting, pointing out the notification requirement is that a letter must be sent to every property owner within 300 feet. He stated that is done, using the Assessor's records. The Assessor provides both a map, as well as a list of the homeowners' names and addresses. He pointed out that neighborhood associations are citizens who get together to work on problems in their neighborhoods, so if an association has a meeting to discuss a project, it is sponsored by the association and the City has no involvement in the notification. Mr. Pendoley stated that if there are people outside of the 300 foot radius who would like to be noticed in the future, they can contact the Planning Department to be put on the mailing list. Regarding Ms. Nielsen's question on zoning, Mr. Pendoley stated that nobody else's zoning will be effected. What is being proposed is a Planned District, and it goes only on the property being discussed in tonight's hearing. That property will be allowed one duplex on one lot; everybody else stays the same. Mr. Guthrie emphasized that the amount of times they met, the issues discussed and the opportunities to attend meetings and the notification were extensive. He stated the whole point of Lot 21 is to accommodate those users who are currently there, and users who are similar. No new uses are being introduced, and a procedure has been set up to review each of the uses that goes in there under the Master Use Permit. Mr. Guthrie stated the roads will be public roads, with public standards, equal to Montevideo and certainly capable of handling only 17 houses. He stated they have talked with the surrounding property owners regarding the drainage issue, and this plan will allow for tremendous improvement and provide protection for surrounding properties, and will replace 30 year old drains. Since no one else wished to speak, Vice -Mayor Cohen closed the Public Hearing. Councilmember Heller asked if a park has been discussed as part of the project. Mr. Pendoley stated a park is not recommended, noting from Park and Recreation's point of view, the land is too small and not in a good location; it would not be a cost-effective way to spend Park budget. Also, the School District cannot be required to put in a park because it is not consistent with the Park Plan and the General Plan. Mr. Pendoley noted they will, however, be required to pay Park Dedication Fees to go toward parks in other parts of the neighborhood. Councilmember Zappetini stated he understands the problems of the Dixie School District, and noted the neighbors have had over three years to get involved in this project. Councilmember Zappetini moved and Councilmember Heller seconded, to adopt a Resolution certifying the Negative Declaration for a General Plan Amendment, zone change, tentative map, Master Use Permit and Environmental and Design Review Permit for the development of the Oakview School Site, 70 Skyview Terrace. RESOLUTION NO. 9288 - CERTIFYING THE NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT, ZONE CHANGE, TENTATIVE MAP, MASTER USE PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE DEVELOPMENT OF THE OAKVIEW SCHOOL SITE, 70 SKYVIEW TERRACE (AP 165-010-54) AYES: COUNCILMEMBERS: Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Zappetini & Vice -Mayor Cohen Boro Councilmember Heller moved and Councilmember Zappetini seconded, to adopt a Resolu-tion adopting a General Plan Amendment to change the land use designation on a portion of the Oakview School site parcel from low density residential to public/ quasi -public. RESOLUTION NO. 9289 - ADOPTING GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIG-NATION ON A PORTION OF THE OAKVIEW SCHOOL SITE PARCEL FROM LOW DENSITY RESIDENTIAL TO PUBLIC/QUASI-PUBLIC (APN 165-010-54) (GPA94-3) AYES: COUNCILMEMBERS: Heller, Zappetini & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PD (PLANNED DEVELOPMENT) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: Z94-2, OAKVIEW SCHOOL SITE, 70 SKYVIEW TERRACE, AP NO. 165-010-54)" Councilmember Heller moved and Councilmember Zappetini seconded, to dispense with the reading SRCC MINUTES (Regular) 1/17/95 Page 7 SRCC MINUTES (Regular) 1/17/95 Page 8 of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1673 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Zappetini & Vice -Mayor Cohen Boro Councilmember Heller moved and Councilmember Zappetini seconded, to adopt a Resolution approving the Tentative Map, Master Use Permit and Environmental and Design Review Permit for the Oakview School site, 70 Skyview Terrace (AP 165-010-54) (with revisions to Conditions 49, 55, 57 and 59, and language for Condition 56 as recommended by Forsher + Guthrie in letter dated 1/17/95). RESOLUTION NO. 9290 - APPROVING THE TENTATIVE MAP, MASTER USE PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE OAKVIEW SCHOOL SITE, 70 SKYVIEW TERRACE (AP 165-010-54) (with revisions to Conditions 49, 55, 57 and 59, and language for Condition 56 as recommended by Forsher + Guthrie in letter dated 1/17/95) (conditions renumbered) AYES: COUNCILMEMBERS: Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Zappetini & Vice -Mayor Cohen Boro 8. PUBLIC HEARING - TO CONSIDER RESOLUTION ADOPTING THE MULTI -JURISDICTIONAL NON -DISPOSAL FACILITY ELEMENT FOR MARIN COUNTY AND ITS CITIES (CM) - File 13-2 x 115 City Manager Nicolai explained that in 1992, AB3001 amended AB939 which is the master law relating to the diversion of waste. She noted this particular amendment to the original law required that each jurisdiction put together a complete description of the non -disposal facilities that each jurisdiction utilizes in reaching their diversion mandates. Tonight's element does that. Ms. Nicolai stated that several years ago when AB939 was passed, we entered into an MOU with all the other cities within the County to do this planning project jointly, and explained this is one of the final elements, but because each jurisdiction is responsible for their own diversion rate, each of the jurisdictions must hold separate hearings on this. The element itself literally is nothing more than a listing of these facilities. Vice -Mayor Cohen declared the Public Hearing opened and asked if anyone would like to address the Council on this issue. As no one wished to speak, Vice -Mayor Cohen closed the Public Hearing. Councilmember Zappetini moved and Councilmember Heller seconded, to adopt a Resolu-tion adopting the multi -jurisdictional non -disposal facility element for Marin County and its cities. RESOLUTION NO. 9291 - ADOPTING THE MULTI -JURISDICTIONAL NON -DISPOSAL FACILITY ELEMENT FOR MARIN COUNTY AND ITS CITIES AYES: COUNCILMEMBERS: Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor COUNCIL CONSIDERATION 9. CITY COUNCIL REPORTS: Zappetini & Vice -Mayor Cohen Boro a. MARIN PRIORITY SETTING COMMITTEE MEETING (RE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PRIORITIES (VERBAL) - File 147 x 4-13-38 x 9-1 Councilmember Heller announced that she will be attending the Marin Community Development Agency Meeting on January 31, 1995, at which time they will be looking at priorities in the funding cycle and reducing the number of funded projects from 107 to approximately 54. Ms. Heller gave a questionnaire to each of the Councilmembers and requested their assistance in determining priorities. b. MARIN CHILD CARE PLANNING COUNCIL MEETING (VERBAL) - File 9-2-10 x 9-1 9-3-65 x 228 Vice -Mayor Cohen reported there will be a Child Care Planning Council Meeting on January 18, 1995, from 4:00 - 6:00 PM in our Council Chambers, noting he will attend the meeting representing the City. There being no new business, the meeting was adjourned at 9:20 PM. SRCC MINUTES (Regular) 1/17/95 Page 8 SRCC MINUTES (Regular) 1/17/95 Page 9 JEANNE M. LEONCINI, CITY CLERK APPROVED THIS DAY OF , 1995 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/17/95 Page 9