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HomeMy WebLinkAboutCC Minutes 2007-06-18SRCC Minutes (Regular) 06/18/2007 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 18, 2007 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER None CLOSED SESSION — CONFERENCE ROOM 201 None ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR: Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as follows: ITEM Resolutions re: Election Matters - General Municipal Election, November 6, 2007: (CC) - File 9-4 x 9-1 x 9-3-14 x 9-3-16 x 9-2-1 a) Resolution Proposing a General Municipal Election, Including the San Rafael Elementary School District and the San Rafael High School District General Election, to be Held on Tuesday, November 6, 2007; b) Resolution Requesting the Board of Supervisors to Consolidate with any other Election Conducted on the same Date; and c) Resolution Requesting Election Services by the County Clerk RECOMMENDED ACTION 1) RESOLUTION NO. 12271- 1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL HIGH SCHOOL DISTRICT GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6,2007; 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK 2) RESOLUTION NO. 12272 — RESOLUTION REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN CANDIDATE'S STATEMENT OF QUALIFICATIONS, AND PROVIDING THAT THE COST OF PRINTING AND HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED SRCC Minutes (Regular) 06/18/2007 Page 1 2. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1851 — "An Ordinance of the City Council of the City of San Rafael Amending Chapter 3.34 of the San Rafael Municipal Code Establishing a Fee and Service Charge Revenue / Cost Comparison System, by Revising Section 3.34.040" (Fin) — File 9-10-2 x 9-3-85 x 9-3-87 3. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1852 — "An Ordinance of the City Council of the City of San Rafael, Pursuant to the Recently Enacted Health and Safety Code Section 33342.7, Adopting a Description of the Program for the Acquisition of Real Property by Eminent Domain for the Redevelopment Plan for the Central San Rafael Redevelopment Project Area, and Approving Related Actions" (RA) — File 140 x (SRRA) R-140 XIX AYES COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINING: COUNCILMEMBERS: PUBLIC HEARINGS: SRCC Minutes (Regular) 06/18/2007 Page 2 3) RESOLUTION NO. 12273 — RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE COUNTY CLERK TO CONSOLIDATE PRECINCTS AND POLLING PLACES RELATING TO THE SAN RAFAEL GENERAL MUNICIPAL ELECTION Approved final adoption of Ordinance No. 1851. Approved final adoption of Ordinance No. 1852. Cohen, Heller, Miller, Phillips and Mayor Boro None None Mayor Boro (from items 2 and 3, due to absence from meetinq of 6/4/07) 4. Public Hearing — CONSIDERATION OF ORDINANCE RE GENERAL PLAN REVISIONS ADOPTING GREEN BUILDING REGULATIONS (CD) — FILE 13-1 x 10-6 Public Hearing opened and continued to regular Citv Council meeting of July 2, 2007. 5. Public Hearing — THE VILLAGE AT LOCH LOMOND MARINA - CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT, GENERAL PLAN AMENDMENT, REZONING, USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT, VESTING TENTATIVE MAP AND EXCEPTIONS TO SUBDIVISION ORDINANCE FOR THE VILLAGE AT LOCH LOMOND MARINA PROJECT (CD) — FILE 10-2 x 10-3 x 10-5 x 10-6 x 10-7 Mayor Boro declared the public hearing opened. Explaining the procedure for the evening, Mayor Boro stated that as the Council Chambers was handicapped with respect to visuals, for the first two presentations (PowerPoint), he and the City Councilmembers would move to seats in the front row to watch, subsequently moving back to the dais. Representatives from groups wishing to address the Council, beginning with Loch Lomond Homeowners Association, would be invited to address the Council, to be followed by testimony from the general public. Community Development Director Bob Brown stated that staff would provide a relatively brief presentation. He issued an assurance to those in attendance this evening who were present at the Planning Commission meeting of April 24th, that the hour-long presentation would not be repeated; however, for those who did not attend that meeting or may not have been following the issue carefully, copies of the PowerPoint presentation from that meeting were available on the table in the lobby and on the City's website. He noted it contained a good summary of the application, Environmental Impact Report (EIR) process, etc. Mr. Brown explained that staff this evening would not be going into detail on issues such as traffic, parking, wetlands, etc., as these items had been discussed at length at previous Planning Commission sessions, and were summarized in the materials in Council packets. Issues to be SRCC Minutes (Regular) 06/18/2007 Page 2 SRCC Minutes (Regular) 06/18/2007 Page 3 discussed this evening included: • The City review process to date; • How the project had changed as a result of that review process; • Summary of community concerns, those staff believed had been addressed by the revisions and those still outstanding; • Since view impacts were still very much a relevant issue and the best way to demonstrate those was through simulations, these, together with some new ones, would be shown; • Planning Commission recommendations and how these had also resulted in changes to the project. Mr. Brown indicated that as the Loch Lomond Homeowners Association had requested the City articulate its objectives for the redevelopment of this site, he would make a presentation on this issue. Subsequent to the Applicant's presentation and the public hearing, staff was requesting that the City Council identify those issues, or possible alternatives to the project, they would like to have responses to over the next month; therefore, the meeting would be continued to July 16, 2007. As an aside, since there was an occupancy limit in the Council Chambers, Mr. Brown requested that those in attendance either be seated in the Chambers or in the lobby rather than standing in the isles or the back of the room. Mr. Brown introduced Paul Jensen, Contract Planner for the project, who would discuss the review process and how the application had changed. Giving some background, Mr. Jensen reported that in February, 2005, the planning applications were filed for the project and through the course of the past two and a half years there had been twenty- three public meetings, with the Park and Recreation Commission, Design Review Board and Planning Commission. These included not only hearings with the Planning Commission, but seven study sessions on specific topics, such as traffic and parking, and as a result of this process the project had evolved. Mr. Jensen stated that when the project was filed in 2005, the EIR process was begun, as a result of which, many would recall the surfacing of the Mitigated Plan last fall, which eventually resulted in some formal revisions to the project. Summarizing the changes between what was originally filed and the project before Council this evening, Mr. Jensen explained: ✓ Increased replacement grocery store proposal. The initial project proposed a 3,500 square - foot market, essentially a convenience size market; however, the new proposal was for a full- service market comparable in size to the existing Loch Lomond Market; ✓ Increase in neighborhood commercial space in a mixed-use building; ✓ Lowered height of the commercial building. In the original plan the two-story commercial office building was as high as 45 feet, depicted in the visuals to be shown this evening; ✓ Elimination of cottage units on the west side of the project. With the exception of five residential flats proposed in the mixed-use building, the majority of the residential units were east of the project entrance; ✓ Elimination of wetland fill; ✓ Elimination of two housing units, which reduced the original unit count from 84 to 82 units; ✓ Elimination of parking spaces that were encroaching within the 50 -foot wetlands setback; ✓ Removal of private yards for certain lots that were encroaching within the wetlands setback; ✓ More substantial change along the Point San Pedro Road frontage. Initially ten one and two story cottages were proposed; however, this was changed to 7 one-story cottages; ✓ Narrowing of the project entrance in order to accommodate three view and pedestrian corridors east of the main entrance; ✓ Original project proposed a series of residential alleys which had been replaced with parking courts; SRCC Minutes (Regular) 06/18/2007 Page 3 SRCC Minutes (Regular) 06/18/2007 Page 4 ✓ Increase in amount of parking for residential guest parking, retail, as well as vehicle and trailer parking for day use at the marina - from 25 to 35 spaces; ✓ The current plan proposes to eliminate dry dock boat storage; ✓ Current plan also includes a "parking reserve." Mr. Jensen explained this was a landscape area that was reserved for potential conversion to parking if needed, and this would be monitored over a period of time. Recreation Element Changes: ✓ Public access park initially envisioned for the project, which was located within the residential area, was moved to the west and east jetties; ✓ Tot lot initially proposed on the west jetty now focused on passive recreation use, with the tot lot proposed on the east jetty; ✓ Two public restrooms were recommended by the Park and Recreation Commission for park users; ✓ Basketball court added, then removed because of potential concern over nuisance; ✓ Kayak dock launch and kayak rentals added to the plan; ✓ Parking to include dedicated parking areas for public use during daytime hours for the park area; ✓ Marina Green widened from a consistent 25 -feet to a meandering width of up to 60 -feet. Covering community concerns — those addressed through the process and those still outstanding, Mr. Jensen reported: Addressed: o Loss of a full-service market; o Loss of neighborhood commercial space; o Height of the market building — initial two-story commercial office building was as tall as 44 feet; o Design of the loading dock for the grocery store; o Inadequate day use vehicle and trailer parking — this had been increased; o Inadequate residential guest parking — has been increased; o Dedicated parking for public recreation uses; o Wetland fill. Remaining: ■ Density — Traffic, Building mass, Neighborhood compatibility' ■ Building heights; ■ View impacts; ■ Adequacy of parking, particularly with regard to the marina and residential components; ■ Traffic safety; ■ Wetland setbacks. View Impacts: Mr. Jensen noted that there were a number of policies in the General Plan addressing views and SRCC Minutes (Regular) 06/18/2007 Page 4 SRCC Minutes (Regular) 06/18/2007 Page 5 neighborhood compatibility. He explained that the General Plan policy adopted for Loch Lomond Marina stated that "Buildings should be carefully sited and designed to enhance or minimize impacts to views of the Bay, the Marin Islands, wetlands and the Marina." Similarly, Neighborhood Policy 2 states: "Preserve, enhance and maintain the residential character of neighborhoods to make them desirable places to live." Community Design Policy 5 states: "Respect and enhance to the greatest extent possible, views of the Bay and its islands, Bay wetlands .... Marinas, Mt. Tamalpais.... And hills and ridgelines from public streets, parks and publicly accessible pathways." Community Design Policy 6 states: Protect the visual identity of the hillsides and Bay by .... Providing setbacks from the Bay and providing public access along the Bay edge." Mr. Jensen indicated he specifically cited these policies because they were used in assessing the project, not only in the EIR, but in terms of project merits. With regard to simulations, prepared for the most part for the project EIR, Mr. Jensen stated staff had prepared eight computer generated simulations for public views and five private view simulations which had been incorporated into the project EIR. He noted that some reflected the original project design and some the current design and in presenting the simulations, he explained the differences. Mr. Jensen reported that an additional simulation was prepared at the request of the homeowners association, which was not in the EIR, looking south from Locksley Lane. With regard to Beach Drive, Mr. Jensen noted this simulation did not represent the latest drawings, as two homes were eliminated, dropping the unit count from 84 to 82 under the current plan. He noted that the private view at 124 Kinross Drive was not simulated in the EIR, rather had been provided by the project sponsor. Summarizing the Planning Commission's review and recommendations, Mr. Jensen reported that the Planning Commission reviewed the final EIR on the project at two hearings. At a Public Hearing held on April 24, 2007, testimony was taken from 35 speakers, the hearing was closed and continued to May 8, 2007, at which time, following a lengthy discussion, they recommended certification of the final EIR and the Mitigation Monitoring Program (the program that takes all the measures from the EIR and sets out a road path on how they are to be implemented). Mr. Jensen stated the Planning Commission also recommended approval of the four planning applications, which included a General Plan amendment and Rezoning. Indicating that the Planning Commission's recommendations included conditions for changes to the Development Plan, to be presented by the project sponsor this evening, Mr. Jensen reported these changes included: Along the eastern border of the residential area that the project respect a 50 -foot development free wetland setback. The original plan proposed a pedestrian path within that setback. As a result, the project sponsors had shifted some units around to accommodate compliance with this recommendation, which had resulted in the reduction of one additional unit. The latest revisions before Council this evening reduced the unit count to 81 residential units. Public Plaza between the market and the marina front be widened from 25 -feet to 40 -feet, which had been accommodated. Reduce the roof ridges and peaks for 7 waterfront homes by 2 -feet. # The Planning Commission considered and discussed at length the question of whether or not to allow filling a small geographically isolated wetland, referred to as Wetland E, a 278 square -foot drainage ditch, and concluded that because of its low biological value and the fact that it was isolated from the other larger wetlands, preserving it would not create much value to the wetland and they supported its fill. Location of boat maintenance parking had been shifted at the request of the Bay Conservation and Development Commission (BCDC). Their Design Review Board held a meeting last week and recommended some shifting of parking to offer a public access connection to adjacent open space, which was public open space on land that was part of San Pedro Cove. Relocation of a bird viewing platform that the BCDC Design Review Board recommended was better located near the breakwater path entrance. SRCC Minutes (Regular) 06/18/2007 Page 5 SRCC Minutes (Regular) 06/18/2007 Page 6 Community Development Director Bob Brown reported that the Loch Lomond Association requested that the City identify its objectives for the site, other than simply an increase in the housing stock, which he had attempted to do, based strictly on the text of General Plan Policy NH -118, which was the most detailed and explicit site-specific policy in the General Plan. He noted he had indicated how he believed the project responded to these objectives; however, it was up to the City Council to determine whether or not the project, as proposed, did so sufficiently. Mr. Brown explained some of the City objectives for the project: Increased public use of the waterfront. During preparation of General Plan 2020, the Citizens' Steering Committee was very focused on the fact that there were limited opportunities along the Point San Pedro Peninsula for public access along the waterfront. One of their high priorities for the Loch Lomond Marina site was to create public gathering places and other amenities which would draw the public to the site to take full advantage of its waterfront location. Therefore, because of this, the project incorporates a Marina Green, Public Plaza - located between the market, yacht club and Bobby's restaurant, Outdoor Dining — next to Bobby's restaurant and adjacent to the market, which would have food facilities. The project incorporates a proposal for Woodland Market, together with all types of amenities at the waterfront and the marina, including pedestrian paths, fishing stations, passive recreation, such as picnicking, active child play facilities along the center or eastern spit, and a kayak launch. Maintainina and Improving the Marina. The intent was to keep the marina a vital operation, fulfilling the needs of boaters (from power boaters to kayakers). The project had increased the number of vehicle trailer spaces beyond the numbers the consultants originally believed would satisfy the existing or future demand. The addition of three new restroom facilities, one specifically for boaters which would include laundry and shower facilities, new harbor master office, boat repair facility, renovated yacht club and the addition of a kayak launch dock and beach, including kayak rentals. Improve Neighborhood Commercial Services. Promote the retention and improvement of neighborhood commercial services, not just for the benefit of local residents, but also as a means of reducing traffic in the congested commercial areas. The project responds to this by creating new commercial buildings from the buildings currently there. The developer proposes to retain virtually all of the existing tenants and has leases with them to occupy new space. A lease has been created with the operators of Woodland Market to design a new facility for the project. A public plaza would be created for the neighborhood to gather, and the marina green and child play facilities also provide services to the neighborhood not currently available. Improve Wetlands and Water Qualitv. Every opportunity possible is taken in San Rafael to enhance habitat areas and this application responds to that by expanding and connecting the existing seasonal wetlands. It also adds fencing and additional native planting to further protect the existing wetlands from human intrusion and also domestic pets currently in the area, and it would add a bird viewing station and interpretive signage. Noting that currently all of the drainage from the site, which is pretty much paved, runs directly into the Bay, Mr. Brown stated that this project would incorporate the newest technologies available to treat the project runoff through grassy swales and other types of separators; therefore, all of the oils and metals, etc., would be filtered out of the water before it reached Bay waters. Increase Housina Stock and Diversitv of Housina. This is one of the principal goals of General Plan 2020, both because of responding to a state legal mandate for increased numbers of housing units and because the City wished to retain a population with economic diversity, i.e., more housing choices for local workers, children and the existing population as it ages. Mr. Brown noted the project now provides 81 units instead of the 99 units originally assumed in the creation of the General Plan. 17 of these would be permanently affordable units, with four different housing types, including units affordable by design, i.e., units more affordable than typical single-family dwelling. He explained that in Marin by no means were these reasonably priced; however, a townhouse would be significantly less expensive than a free-standing single-family home. The majority of units in the project were attached townhouse units; the applicant also had flats above the commercial space and some smaller, in most cases, single -story, single-family homes, which had been referred to in past public hearings as possible move -down housing. Mr. Brown stated these were his suggestions in terms of how this project related to City objectives. In terms of this evening's meeting, Mr. Brown stated the public hearing would be conducted and hopefully, all public testimony taken. Should this be so, staff would request feedback from the City Council in terms of questions they sought answers to or project alternatives to be explored. The item would then be continued to the City Council meeting of July 16, at which time the final EIR, Mitigation Monitoring Program, General Plan amendments, Plan Development District Regulations, and all other entitlements, etc., would be available. SRCC Minutes (Regular) 06/18/2007 Page 6 SRCC Minutes (Regular) 06/18/2007 Page 7 As the San Pedro Cove Homeowners Association had some slides they wished to show, Mr. Brown suggested they be moved to the beginning of the speaking groups. Keith Bloom, Thompson Dorfman Partners, stated that on behalf of their entire development team, they very much appreciated the opportunity to present the Village at Loch Lomond Marina project to the City Council. Noting the project had been a work in progress for five years, he indicated they not only had been working with City staff, but also with many members and organizations within the San Rafael community. Mr. Bloom reported that the process included hundreds of meetings with community groups, neighborhood groups, such as the Loch Lomond, San Pedro Cove and Bayside Acres, immediately surrounding the property, environmental groups, such as Marin Conservation League, as well as other government agencies, such as BCDC. As mentioned by Mr. Jensen, Mr. Bloom stated there had been 23 public hearings at the City and two at BCDC, including one on Monday evening last, together with completion of a very exhaustive EIR. Reporting that throughout the process their job as the developer had been to seek out and listen to the community, Mr. Bloom stated they then needed to evaluate this input, which often times was conflicting. Many different stakeholders had many different interests; therefore, it was somewhat of a challenge to resolve some conflicts. Having done this they responded with modifications to their plan, while at the same time maintaining consistency with the City's policies, specifically NH -118. While challenging, Mr. Bloom stated that this inter -community process had been very successful in providing them with timely information which was necessary to respond to community feedback and to make numerous improvements to the project. Relating to the commercial portion of the project, Mr. Bloom stated they had entered into a long-term lease with the Woodland Market operators to provide a full-service grocery store. They had also retained Bobby's Cafe, as well as many of the other existing commercial tenants. A large waterfront plaza was also proposed which they believed would be the community gathering place for the entire neighborhood. He indicated that the amount of ground floor commercial space had been doubled, from approximately 12,000 square -feet to 23,000 square -feet. Relating to the marina recreation and conservation areas, Mr. Bloom stated it was important to note that of the 30 upland developable acres, 6 acres had been set aside for recreation, to include amenities such as a very expansive 200 yard long marina green and boardwalk, two parks on spits, kayak launch ramps, bird viewing area, fishing stations, together with an approximate 500 -yard long walking trail along the entire breakwater. Mr. Bloom noted that construction and maintenance of these recreational amenities would be paid for privately. Indicating that five acres had been set aside as a conservation area, within which there were two acres of seasonal wetlands which would be expanded by approximately 9,500 square -feet. Regarding modifications to the residential portion of the project, Mr. Bloom reported that more diverse housing product types, including flats above retail space, had been created, attached townhomes as well as detached cottages and more traditional homes. As mentioned by Mr. Brown, Mr. Bloom reported that approximately 50% of the homes were from 1,700 to 1,800 square -feet, which they believed would be very attractive to move -down buyers and first time home buyers, as well as homeowners who might have home offices. He noted that of the project's 81 units, 17, or 21 %, would be below market rate affordable to workforce families. With regard to modifications made to deal with massing and building height relating to the residential portion of the project, Mr. Bloom explained that from the original application in February 2004, the number of homes had been decreased from 88 to the current 81 units. He noted that around the perimeter of the residential area, on the north side of the site, the scale had been reduced from two to one story, three homes on the east side had been eliminated to address both concerns about visual impact and impact on the adjacent wetlands. On the south side, by expanding the marina green, some of the homes fronting the waterfront had been pushed back, up to 35 -feet from their original location, and ridgelines on many of those homes had been lowered. Noting a concern about massing and the barracks like look of the two townhouse buildings on the west side adjacent to the project's entry corridor, Mr. Bloom reported that their architects provided a revised design for the townhomes that created a significant amount of articulation. The length of one of the townhomes had also been reduced by eliminating one of the units. Site plan open space had been modified by incorporating three view corridors to provide open space for not only the residents, rather also the public. Concluding, Mr. Bloom thanked the City Council for the opportunity to present the project and SRCC Minutes (Regular) 06/18/2007 Page 7 SRCC Minutes (Regular) 06/18/2007 Page 8 introduced David Israel, BAR Architects. Providing animated and PowerPoint presentations on the project, Mr. Israel explained that the site at Loch Lomond was a great resource for the City and adjacent neighbors; however, despite this fact, it also had several limitations. Identifying the total project area, commercial area, etc., he stated that the somewhat underutilized dry boat storage provided for a visual barrier from Point San Pedro Road to the water, as well as the entry building at the end of the Lochinvar entry point. He noted the also somewhat underutilized east and west spits, which represented an opportunity for improvements, the breakwater, providing potential for a great community amenity and recreational opportunity, was falling into disrepair, the eastern spit was subject to occasional flooding at this point in time and the opportunity to combine two disconnected wetlands into one more beneficial wetland. Mr. Israel reported that the mitigated plan incorporates input from the Planning Commission, Design Review Board, BCDC, Park and Recreation Commission and neighbors and he was excited about the resultant plan. He indicated that City policy required extraordinary architecture and an extraordinary project and this was more than just the building facades, rather it was the entire plan of the facility. Mr. Israel explained the general components of the project: • Mixed use building with approximately 9,000 square -feet of retail on the ground floor and five residential units above; • New grocery store; • Numerous revisions to the marina, day -use parking and boat launch facilities; • Main entry view axes was a critical component of the project; • All houses fronting Point San Pedro Road which were originally a combination of one and two story homes were now one-story; • Increased the marina green; He indicated that one of the other components of critical importance to them in first looking at the project was to park cars on the opposite side of the street going down to the marina to afford an unobstructed view to the water. He noted they also had responded to issues of the setback. Mr. Israel provided visual simulations of the property currently and the proposed solutions. He noted that in addition to what had become a very permeable site, both physically and visually, the other concept behind the plan was that it was very pedestrian oriented, i.e., all the homes would have porches fronting on green space, thereby maximizing green space and minimizing the importance of the automobile. Explaining the animations, Mr. Israel stated these afforded the opportunity of looking at several of the view points on site in their existing condition and the condition in the proposed configuration. He believed the views demonstrated a dramatic improvement. Mr. Israel stated they had spent a great deal of time on the architecture with the Design Review Board, who had requested that working drawing level details be done at this preliminary stage to assure them that the level of quality and the robust nature of the details would be maintained through the process. With regard to changes to the commercial area, Mr. Israel reported that retail parking had been increased from 86 to 95 spaces. Residential guest parking had been increased from 35 to 59 and the distribution of those parking spaces improved to provide better access. With regard to the front porches, he noted that each townhouse had its own open space off of the green space. He explained that should there be a requirement to provide a second egress, the green space in the front yards would be dramatically altered. Mr. Israel indicated that each access provided an opportunity for those visiting or departing the homes to get a connection back to the water, reinforcing the notion that this project was all about the waterfront. Mr. Israel reported that BCDC had requested an evaluation of the density of the foliage being proposed to ensure no obstruction to the views was created. He noted that should there be a requirement to put in an entry drive, the setbacks to the fronts of the townhouses would be significantly impacted. Mr. Israel stated that an analysis of this suggested this was a bad idea: • No indicated need; • Level of Service (LOS) A at the intersection would remain; • A total of four lanes in and out. Another issue with this point of access was that it would provide a shortcut to those using the eastern SRCC Minutes (Regular) 06/18/2007 Page 8 SRCC Minutes (Regular) 06/18/2007 Page 9 edges of the marina. It would take an area originally intended to be neighborhood serving and introduce a further number of cars, presenting a safety concern. He indicated it would also reduce the number of people driving by the retail stores and believed it critically important for long term viability, that shopping areas had as much exposure as possible. It was fortunate to be able to locate the market down near the water; however, as this violated most retail rules considerably, everything possible needed to be done to keep it successful. Noting a lot of discussion took place concerning the scale and character of the townhouses, Mr. Israel reported that very positive feedback had been received on the way the scale and mass of these buildings were articulated, noting these buildings represented the equivalent length of two of the single-family homes, and while not dramatically large buildings, he believed they played an important role in reinforcing the edges of the central axis so that it did not bleed out. With regard to whether some homes should be one or two story, Mr. Israel believed it was not an issue of stories, rather it was an issue of height, bulk and mass. He believed there were opportunities to continue to break down the scale and mass of this ridgeline to further open up views back to the hills and the project provided myriad opportunities to look back at the hills through the view corridors that had been created and the 500 yards of boardwalk, as well as the other paths through the project. Noting a lot of concern about turning movements and access in the area of the marina, together with concern about the Arnison boat, Mr. Israel reported that all of the turning radii had been reviewed and could accommodate the Arnison boat, as well as all the deliveries necessary for this area. He indicated that Mr. Arnison was a supporter of the configuration end of the project. With regard to the entry point with two lanes in and two out, Mr. Israel reported that traffic analysis estimated three cars maximum stacking at peak periods. Loading had been reconfigured to avoid the backup that was part of the original plan; therefore, beeping of backing -up trucks would discontinue, and it had been screened from view from those utilizing the market as well as the adjacent neighbors. Concerning the trees at the end of the plaza, while wishing to keep trees to a minimum, Mr. Israel believed it important to identify this hub and landmark for the community; therefore, palm trees had been selected as they provide the least visual obstruction. This axis was also straightened in response to comments from the Planning Commission and BCDC to further enhance these views. Mr. Israel noted that the mixed-use building had been further articulated and stepped back to reduce its scale both along the east and north facades. Mr. Israel reported that they had worked very closely with Woodland Market to ensure that this created the character of place they needed to create the type of community center that would provide a highly viable, vital and energized plaza area. With regard to the configuration of Bobby's Cafe and the boat launch ramp, identifying the service and active plaza sides, he believed it very important that both Bobby's and the yacht club helped activate the plaza and assure its success and vitality. Regarding the nature and character of an art piece, Mr. Israel reported that this had not been selected at all and input was anticipated from the community and the City. He noted the existing facilities that would remain intact included the boat launch ramp and bait shop. The existing fuel tank was being relocated and the end of the spit developed to create a tranquil place for people to experience the Bay. Mr. Israel commented that landscaped protective fences would be provided in the wetland observation area. Identifying the existing breakwater, he indicated that the proposed character was very natural, the path would be widened from 5 -feet to 6 -feet at the request of BCDC and it would be an all-weather surface accessible to people with mobility impairments. Mike Nelson, President, San Pedro Cove Homeowners Association, reported that San Pedro Cove was directly west of the development and because of its proximity they had a lot to gain and a lot to lose, noting every home in San Pedro Cove faced directly at sea -level or looked down at the Cove. With regard to why they support the development, Mr. Nelson stated they believed the current site was an eyesore and drew down the values of the surrounding homes and the development, as proposed, had the potential of actually adding a great deal of value to existing homes. Using simulations, Mr. Nelson identified various aspects of the current Loch Lomond Marina and surrounding area, which he believed needed improvement. Complimenting the existing grocery store operator, he believed Woodland Market had the resources and experience to do a great job of grocery merchandising. They saw a lot of potential for local service business in the area and the western spit recreational area was a big improvement, together with the kayak, boating and running path. Mr. Nelson stated that the architects on the project were top notch and their world class reputation showed in the quality of their work. The pedestrian paths were great throughout the entire project and the blue tarp on the marina facilities would be replaced. From day one they believed dry SRCC Minutes (Regular) 06/18/2007 Page 9 SRCC Minutes (Regular) 06/18/2007 Page 10 use storage in that area made no sense, was not a good use of land, was ugly to look at and there were a lot of other available places for this use in San Rafael. Mr. Nelson stated that one of the most important issues was the willingness to work with the neighbors on reasonable requests. While not a perfect plan, they believed it was a good compromise from some really diverse groups. Inviting City Council cooperation as the detailed work began, Mr. Nelson thanked them for their support. The City Council returned to the dais. Sara Jensen, Loch Lomond Homeowners Association, stated they were present after a very long history of meetings, noting many of them had been working on this issue for five years, even prior to adoption of General Plan 2020. Commenting that often the number of meetings was cited, Ms. Jensen stated that it was somewhat disappointing, however, that the plan under discussion for acceptance had not been the subject of all of those meetings. She indicated that the mitigated plan was fairly new and some of the studies done for the original plan were not applicable to the mitigated plan because of significant changes in the roads, width angle, placement of houses, etc. She believed it would be desirable with such a different plan to have more studies done to clarify the actual impact of this particular plan. Ms. Jensen stated it was unfortunate that early in the process there was not a thorough and public study with public participation of the constraints of the site, to have them clearly defined prior to any planning being done, to avoid making adjustments on something a great time had already been spent on. She believed the plan had gone ahead with too narrow a focus, i.e., not sufficient emphasis on how the site plan fit into its larger context and neighborhood. She noted the natural view corridors from the surrounding area were not defined before the view corridors were put in on the site and believed problems could arise in that they may not actually be in the best location to preserve the specifically protected views required by the General Plan. Ms. Jensen stated that at this point all that could be done was to make very thorough photographic studies of all of the mitigated plan. As had been demonstrated, Ms. Jensen noted some concerns had been successfully addressed; however, concerns still remained - The future of public access at the site and the widely recognized phenomenon of rising water levels had not been brought into the plan. She noted the housing area of this flood plain was being lifted above the flood plain area according to current standards, not accounting for rising water levels; however, the situation was unknown for the public access areas. Ms. Jensen believed the playground on the east spit on the low lying level was probably in the most jeopardy from this and could be relocated to the mainland area or the naturally higher west spit to keep it safer. Noting also the problem of BCDC required public access in combination with private streets and private funding, she indicated there were several situations in the area where a similar situation existed and public access had been denied; therefore, the City needed to ensure that this could not and would not happen in the future at this site, which would require a great deal of attention to fine details. With regard to the real traffic problems versus the paper conclusion that no problems existed, Ms. Jensen stated there basically was one way out, which was through an extremely congested area. The LOS had been changed so on paper it all looked fine; however, those doing the driving were aware that paper changes did nothing to get cars through a very congested area, hence the concern about adding more traffic. With regard to the removal of the second entry at the site, Ms. Jensen explained that almost all of the traffic from the grocery store, and much of the traffic of those going out to enjoy the views from the breakwater, used the unsignalized second entry and exit; therefore, their movement did not affect traffic on Point San Pedro Road. She noted that when all the traffic was moved over to the single signalized entrance/exit, the Stop on Point San Pedro Road would be triggered much more often; therefore, they would like the City Council to consider the use of a second, non -signalized entry/exit. Noting the General Plan went to great lengths to specify particular protected and valued views, Ms. Jensen stated a lot of these views were involved at this site, and there was not yet any real analysis to indicate they were being protected to the maximum extent possible. She believed a lot of study would have to be done to establish whether those views were actually being protected and it could be that a study might indicate the main view corridor angle should be changed slightly. She suspected the end of the corridor needed to be widened to the east to best preserve views and that the large townhouses needed to provide an edge to the view corridor would block views, and with lower structures, as required in NH -118, views would be better protected; therefore, a lot more study was needed. With regard to the grocery store, Ms. Jensen stated the public worked very hard to convince both the SRCC Minutes (Regular) 06/18/2007 Page 10 SRCC Minutes (Regular) 06/18/2007 Page 11 developers and the Planning Commission that full grocery service on this site was important, noting that in the event of the inevitable catastrophe of the peninsula being shut off, it could be life saving. Referring to language in the resolution which stated that if an operator was not found in six months, and at market rates, that space could be used for something else, Ms. Jensen questioned why this language was included and why the time period was so short. They were concerned that in the future, there would be no grocery store. She indicated that another main consideration was the long term viability of the marina and neighborhood serving commercial uses because of the extra financial burden they would carry. Reporting that the site was being set up with a Mello -Roos to support public recreation on the site, Ms. Jensen stated that the burden to pay for this was normally not a business burden; however, this neighborhood/commercial site was saddled with this burden and they were concerned that in the long run this extra financial burden could eliminate some of these services and even weaken the marina. Ms. Jensen stated that the marina was supposed to be the focal point of the development, yet it appeared to be diminishing and hidden behind new commercial buildings with significant marina flavor being lost. Ms. Jensen stated that the on-site parking situation had been improved. More parking was allowed for guests; however, the parking study contained a basic and fundamental serious problem in that it assumed there would be no new users at the site. Noting Mr. Brown indicated this evening an aim was to draw people to the site, Ms. Jensen stated everyone believed these recreational offerings would be a big improvement and draw people to the site; however, without parking for these people, it was not really accessible to them. Also, with insufficient parking, parking would overflow into her neighborhood, decreasing quality of life, injuring people's property values and endangering children. Noting a plan existed for reserve parking, she stated that given the flawed assumption that was the basis of the parking study, it may not be sufficient and was not in a very good location in the main view corridor. Noting the circulation also required cross traffic out to the eastern spit in the area of the children's playground going across the marina green, Ms. Jensen stated that currently children are free to run in that area with no cars; however, in this plan, traffic would be crossing. She indicated that for safety reasons it would be better not to have traffic crossing, and parking on the spits put bad substances very close to the water. She believed, therefore, that it would be better to delete traffic and parking on the spits. Commenting that compact parking spaces did not work well anywhere and driving a compact car herself, she indicated that often at Montecito Shopping Center, she could not access a compact space because of larger cars on either side; therefore, as people would bring their large recreational vehicles to the marina, she suggested replacing compact spaces with full-sized spaces. Referring to the slide presentation by the developers, Ms. Jensen noted that walking towards the west in the public access area, the restaurant being added onto the yacht club and the bathing and laundry facility for the live-aboards jutted right out into the public access area and visually cut off the western part of the area. She indicated that this part of the site had some of the most interesting marina aspects which were all being cut off. Additionally, she noted a problem on this end of the site and explained that unlike early versions of the plan that showed a low chain-link fence and the existing shrubbery separating the western edge of the site from the open space at San Pedro Cove, there was a proposal for a tall solid wooden fence, 6 -feet high with lattice work on top. Ms. Jensen stated this would tend to close off the marina, obstruct views of the Bay for the public and it did not appear necessary for the privacy of people who live at the Cove, because Cove housing was not right next to the marina site. She requested that this fence which diminished the public's quality of experience at this site not be allowed. Concurring with Mr. Nelson, Ms. Jensen stated that the details of the lighting and noise impacts would be very important. Indicating that the lighting needed to be low, she noted that BCDC discussed the need for dark night sky and not having lights reflecting off the water or going up into the air, which she believed was bad for the people living nearby, as well as the wildlife. Ms. Jensen stated that the noise impact from this new development had not been adequately assessed in the EIR. A study of noise impact as noise would be bounced up the hill was requested; however, it was not done. The current noise level was not established; therefore, it would not be possible to measure increases in that noise. She suggested that for the sakes of those already living up the hill in the area and the new people who would live on the site, that sound deadening paving be considered across the entire frontage. With regard to dealing with the problems that remained, Ms. Jensen stated that as pointed out by Mr. Brown, the suggestion made most often was that it appeared as though the density was the cause of most of the problems. She indicated that a fairly modest reduction in the footprint of the housing area, a reduction in the number of units and square -footage and some reduction in height could go a very long way to solving all of the problems and gaining stronger support from the public. Ms. SRCC Minutes (Regular) 06/18/2007 Page 11 SRCC Minutes (Regular) 06/18/2007 Page 12 Jensen stated that with less density the roads and structures could be carefully sited and would bring the plan into greater compliance with General Plan 2020. She stated they depended on the City Council to evaluate this very carefully, to seek solutions to their problems and to make this a wonderful development. Chris Petersen, President, Loch Lomond Homeowners Association, stated he would address the points of view from the "Save the Marina Committee" of the Loch Lomond Homeowners Association. Mr. Petersen reported that the "Save the Marina Committee" was formed when Loch Lomond residents became concerned about the mass and scale of the proposed development at Loch Lomond Marina. This site, with its stunning views and vistas of the yacht harbor, Bay, surrounding hills and Mount Tamalpais, its myriad wildlife, and its calm and refreshing environment has spectacular beauty. San Rafael was fortunate to have such a place in the City. On a practical level, Mr. Petersen stated the site also provided a full-service grocery store and an amenity that could be life-saving when the eventual disaster happened that closed off the peninsula for an extended period. It also contained other neighborhood serving businesses and dental offices. It provides an important regional boat launch and low cost housing for 52 live -aboard households. He noted it also served as an important gathering place and recreational venue for an area not having access to a public park. The site was not ideal for housing, being comprised of fill, being a flood plane, having experienced leaks from underground gas tanks and heavy damage from a tsunami. Mr. Petersen stated that the expense of overcoming these inherent problems made the site problematic for affordable by design housing and it was not a prime location for workforce or infill housing since it was not near jobs and had no close access to public transportation. Despite these constraints, Mr. Petersen stated some space could be used for land-based housing; however, for housing to be acceptable it must be done in such a manner that its presence did not harm other existing and needed uses on the site and was not materially injurious to adjacent neighborhoods. Noting the project had been under discussion from prior to adoption of General Plan 2020, Mr. Petersen stated this discussion had included some pretty silly aspects. He recalled City staff recommending that Council adopt a version of NH -121, now NH -118, which stated that the view corridor would be enhanced by the presence of two-story buildings within the view corridor; however, this language was withdrawn subsequent to the public pointing out that the view corridors could not function with building blocking the views. He noted the current plan advocated filling the end of the main view corridor with a large piece of sculpture and palm trees and the developers also insisted that the main view corridor needed to be framed by massive bulky buildings to provide a hard edge. Mr. Petersen stated that the fact that the sculpture and palm trees, especially the tops of the palms would block views from public streets and sidewalks to the north and from second story locations within the site, was ignored. The fact that tall buildings along the view corridor were in conflict with General Plan 2020 and blocked views from streets and sidewalks, as well as from private residences in Loch Lomond was also ignored. Indicating the bottom line was that views being blocked were specifically protected by the General Plan because they were highly valued by the public, he stated they wanted to see the Bay, Marina and the island wildlife sanctuary, not sculpture, non-native trees or huge buildings. The Bay, boats and boat masts were the stars of the show and needed to be seen. With regard to the need for housing units above businesses in the mixed-use building to enliven the commercial area, Mr. Petersen noted it was puzzling how residences above dental offices and a dry cleaner would result in an enlivenment, rather it appeared like an undesirable and potentially dangerous mix. Concerning recurring serious aspects which had not been addressed, Mr. Petersen noted the following: Traffic impact in the heavily congested area from the High School to the entrance to the freeway. Changing an LOS designation for the Village at Loch Lomond proposal appeared fine; however, on paper did nothing to improve the dangerous congestion, and adding more traffic only exacerbated the problems; Removing the unsignalized second entrance/egress on the site, forcing all traffic to use a single signalized entrance/exit would increase interruption of traffic flow on Point San Pedro Road, which would lead to increased noise and pollution from increased stopping and starting, especially by quarry trucks. If a second entrance/exit with full turning capacity was not maintained, he believed it essential to build a noise abatement, such as sound absorbing pavement on Point San Pedro Road, along the length of the site; Effective measures to prevent traffic from cutting through the lower Loch Lomond residential area SRCC Minutes (Regular) 06/18/2007 Page 12 SRCC Minutes (Regular) 06/18/2007 Page 13 needed to be put in place; Study of noise reflected into Loch Lomond and the surrounding area needed to be carried out. This was not adequately addressed in the EIR; Specific promises in General Plan 2020 to protect the use of the Bay, the Marina, Wildlife Sanctuary Islands, bridge and undeveloped hillsides were not being honored. There was no thorough study of the view impact from the public streets and sidewalks of Loch Lomond, even though this was specifically requested numerous times, and even though a list of view points was submitted and an offer made to assist with view impact checking. Tall massive buildings lining the main view corridor were in violation of NH -120 and unnecessarily blocked views from Loch Lomond. The Bay end of the main view corridor needed to be opened up and widened towards the east in order to preserve views from Loch Lomond. Some of the two-story homes along the Bayfront needed to be lowered to one story in order to protect views from the public access area of the open hillsides to the north. A tall solid wood fence along the western edge of the site had been included at the crest of the neighborhood to the west of the site. This fence would close off the western side of the marina and interfere with public views of the Bay. This fence was not necessary to protect the privacy of housing in San Pedro Cove since it was not directly adjacent to the site, being separated by its Bay water and open space. The landing dock for the grocery store which faces the west was already shielded by a tall solid wood fence and plantings. The public spent an enormous amount of time working to ensure that a full-service grocery store remained on the site, presenting a petition with approximately 1,500 signatures and an independent study critiquing the negative findings about the viability of full-service grocery; however, the resolution controlling what happens at the site included a section that allows the space set aside for the grocery store to be converted to other uses if vague requirements were not met and an operator not found in the unreasonably short time of six months. The developers claimed an operator had been located and the Planning Commission stipulated that there should be a full-service grocery store on the site; therefore, they questioned the easy escape clause in the resolution. Loss of the nearly 50 -year old full-service grocery store would create a serious conflict of General Plan 2020, but more importantly, could cause suffering and death in the eventual closing off of the peninsula during disaster conditions. There was a question about the wisdom of having private streets at the bayside and forcing private owners to finance public recreation. The long-term health and viability about the marina and the neighborhood serving commercial uses was threatened by their having the unusual added expense of having to fund publicly accessible recreation. Other businesses in San Rafael did not have this burden and it did not seem suitable to require housing deemed workforce by design to finance public recreation. At San Pedro Cove, the gated neighborhood to the west of the marina site, BCDC required public access was being denied, and there was concern of a similar situation developing at the marina site. The City had not done enough to ensure the marina site could not be gated or heavily posted with signs telling the public it was for private property owners and their guests. What was the City doing to ensure public access to the public access area would remain and what was the City doing to ensure that the recreational amenities would be taken care of and what would prevent the property owners at the site from voting to end the Mello -Roos assessments. Wouldn't the public interest be better served by public streets and public park areas at a very special waterfront location? The proposal for the Village at Loch Lomond Marina did not consider the widely accepted phenomenon of rising water levels. What was being done to prevent the public access area from being reduced by rising water levels or completely covered? The playgrounds on the low east spit were especially threatened. Why were the playgrounds not moved to the mainland or, at least, located on the higher western spit. The onsite circulation and parking plans did not appear adequate. Circulation in the commercial area was so tight that some of the designated parking spots for day use rigs might not be usable. Deliveries to the grocery store by large trucks would be difficult. There would be conflicts between large delivery vehicles, rigs and trailers, vehicles and shoppers. The residential area needed to allow on -street and driveway parking so that spillover from this area would not degrade quality of life and property values in Loch Lomond. It was not reasonable to assume that people would not use their garages for storage and therefore, would need to park at least one of their cars in public parking SRCC Minutes (Regular) 06/18/2007 Page 13 SRCC Minutes (Regular) 06/18/2007 Page 14 areas on the site. The parking study for the site was seriously flawed in that it assumed no new users would be drawn to the site. With added recreational amenities and upgraded commercial offerings, it was highly unlikely that there would not be new users. A small amount of reserved parking was planned; however, it might not have sufficient spaces. The plan was not compatible with the surrounding residential areas. The density was three times that of Loch Lomond, the size of the units in relation to their plot size was jarringly different from the adjacent housing areas. The plan included an increasing number of tall, massive, multi -family units, while nicely detailed, were still bulky and blocked specifically protected views. The proposal failed to meet the aim of NH -118 to provide affordable housing offerings. 20% below market rate units would be required; however, the remainder of the houses, including the so-called cottages, were basically larger, three-bedroom, two -bath homes, most with inadequate storage. Mr. Petersen stated that even though many well -thought out letters had been submitted by the public, serious problems with the proposal had not yet been addressed. Inadequacies in the EIR had been pointed out but not yet responded to and conflicts with General Plan 2020 still remained. Meetings had been filled with concerned residents many times; two petitions, each with approximately 1,500 signatures, had been submitted, requesting items such as low height on buildings, residential density similar to that of the surrounding areas, conditions permitting long-term viability for the marina and the neighborhood -serving commercial uses, retention of a full-service grocery on the site, etc. Noting concern on the part of residents was high and had persisted throughout the long process, Mr. Petersen stated they were depending on the City Council to make needed changes to improve the plan. He stated it was a unique and beautiful spot and needed to be saved in a manner such that the public could enjoy their rightful Bay access for many more generations. The housing element was overwhelming the site. Its area was too large, square -footage and number of units too much for the site, and it was squeezing out or weakening other needed uses. Mr. Petersen reported that the Pacific Sun called the project "The Loch Lomond Monster" and he requested that the monster be tamed. Mayor Boro stated the City Council would now hear from representatives of groups who had previously spoken to the Planning Commission and he requested speakers curtail their comments to three to five minutes. David Tattersol, Bayside Acres, requested the City Council consider making recommendations to ensure that the development went as many of them hoped. He requested that the Master Use Permit, and perhaps a deed restriction be placed on individual parcels, to ensure that the uses were maintained, i.e., the market, yacht club, restaurant. He noted these uses were inherent in the overview of input to NH -118 and to lose them would make a mockery of NH -118. With regard to proposed improvements to the levies, he requested Council ensure that those improvements, in particular, the replacement of the rip rap, much of which was asphalt and rebar, etc., be removed all the way round the perimeter of the entire marina project. In connection with the proposal to add a protective fence between the public areas and wetlands, Mr. Tattersol requested that this only be extended around the immediate area of the wetlands on the public side and not have any type of fence on the open water side, as this would inhibit the ducks. In terms of actual use of the public areas, Mr. Tattersol reported that several years ago a Lighting and Landscaping Plan was brought to the City as a result of some illegal lighting that had been put in place; however, while approved, the plan was never implemented. Part of the plan approved by the City included a proposal that the public areas, especially the spits, would be closed at night, This would be facilitated by placing a gated entry only accessible to the boating tenants, and he requested consideration of implementing this. He noted that too often, neighbors in Bayside Acres are woken up in the middle of the night with parties, beer drinking and fireworks displays, and he believed this was a security and safety issue that attention should be paid to. Reiterating the comments concerning lighting, Mr. Tattersol believed the issue of exterior lighting would arise with design review. Noting problems with neighbors not being listened to by the Design Review Board or Planning Commission, Mr. Tattersol stated they would be focusing very seriously on how exterior lighting was placed, which, if done incorrectly, could ruin the atmosphere of the marina. Noting the plan called for the retention of certain trees around the north eastern section of the levies, adjacent to Bayside Acres and the area extending out to the wetlands, Mr. Tattersol requested that all of those trees and the very dense foliage be maintained. He stated it provided a natural buffer for existing neighbors and would obscure the new development from many. SRCC Minutes (Regular) 06/18/2007 Page 14 SRCC Minutes (Regular) 06/18/2007 Page 15 With regard to the surcharge necessary to develop the site, Mr. Tattersol noted concerns with the EIR process about the impact of the surcharge and the weight of the fill placed to surcharge the site. He stated that that site and all waterland areas around it were all underlain by bay mud and they were concerned that placing hundreds and thousands of tons of fill on bay mud, without any form of protection or restraint, would squeeze bay mud out and potentially raise the level of the inlets surrounding the marina. Mr. Tattersol stated he would submit further comments in writing. Bonnie Marmor stated that the Point San Pedro Road Coalition had endeavored for years to bring the communities surrounding the project together to find points of common interest to bring to bear. She reported that for the most part, the neighborhoods supported this eventual development and believed they could work together on many of the shared concerns, such as the grocery store and retention of the services enjoyed at the marina. She stated she was proud that so many people worked so hard and diligently to bring the community together to inform the Design Review Board, Planning Commission and City Council of the issues of importance to the communities all along the corridor. She noted that from letters submitted from other areas in San Rafael, this issue went well beyond their communities. Reporting that feedback she receives was very much in line with points made this evening, Ms. Marmor stated this included concern about the density, view, noise, traffic and the perceived bottleneck that would be created by having only one entrance and exit. Ms. Marmor urged the City Council to focus closely on these issues. She believed those who were repeatedly raising them had studied the issues long and hard. The concerns were very legitimate and there should be a way to do something to guarantee the life of the market and other community - serving businesses. On a personal note, Ms. Marmor stated she enjoys looking out her window and seeing the Arnison boat and she would like to think that some day, the Marmor-Gates boat would be able to come in and out of the marina. She and her husband looked forward to getting a boat, which, unfortunately, they would have to drive across town to dry dock, adding to congestion on Point San Pedro Road. Believing this to be shortsighted, she stated this issue needed to be evaluated. Concurring with Mr. Tattersol on concerns about bay mud, Ms. Marmor stated that as difficult as it was to project the effect of rising sea levels, there also should be concern about building homes on fill and how this would affect the inlet at the marina. Noting the inlet had filled in over the years, she believed there was a risk of losing the waterway. She believed the life and vitality of the marshes and inlet needed to be evaluated holistically and this had not been adequately done. Ms. Marmor stated that as so many issues were not adequately covered, she urged the City Council not to rush into the project. Since the EIR did not review the mitigated plan, she believed extra time should be spent to ensure that this current plan was a good one for the community. Steve Patterson, Federation of San Rafael Neighborhoods, stated that while this was the second occasion on which they had publicly spoken about the project, they had been quite engaged in it for a long period of time. He noted they had three different presentations at the Federation by Thompson Dorfman who had very graciously spent time and patiently answered many questions, and Federation representatives also visited their offices in Sausalito on several occasions. Mr. Patterson thanked Keith Bloom for his graciousness and patience. He acknowledged Contract Planner Paul Jensen, who had done a stunning job with the project, shepherding it through, and Bob Brown, Community Development Director, who had been willing to do whatever it took to make the public process work. As an overview, Mr. Patterson stated the Federation was supportive of the project. He noted that their Steering Committee was comprised of neighborhood leaders or presidents from Southern Heights, Bret Harte, Gerstle Park, West End, Sun Valley, Lincoln -San Rafael Hill, Montecito and four different neighborhood groups on the San Pedro Road corridor. While not always agreeing, he stated there was unanimity on this project; however, there were some caveats: Mr. Patterson explained that they were very concerned about the view issues and the elevation issues as they related to those views. He noted the site would be raised significantly before a foundation ever got poured. Finding the simulations presented this evening somewhat misleading, he stated they made the site look as though it was an equal evaluation with the existing Loch Lomond neighborhood on the other side of San Pedro Road, which it was not. He indicated that the elevations presented were incredibly misleading from what they actually would look like when the site was elevated as proposed and the buildings constructed. SRCC Minutes (Regular) 06/18/2007 Page 15 SRCC Minutes (Regular) 06/18/2007 Page 16 With all due respect to City Traffic Engineer Nader Mansourian and the infamous traffic model, Mr. Patterson expressed concern about how the site would work. Imagining a Saturday morning with people going to the site to boat, kayak, delivery trucks, residents doing errands, visitors to the site, he stated that with a lot going on, a single access point was a questionable way to move people on and off the site and he believed it important, given the amount of time devoted to studying the project, to get it right and not look back stating "we kinda missed it." He believed these were the final details that would make all the difference in the world. Colin Russell, Chairman, Affordable Housing and Economic Development Committee, San Rafael Chamber of Commerce, urged the City Council to give the project their unqualified support. He explained that his committee at the Chamber had been involved pretty closely with the project for over four years, and during that time, many improvements had been made to the site plan and level of affordability and the plan had been as fully vetted as any he had seen in twenty years. Mr. Russell believed the scale being proposed was very reasonable in view of the fact that in order to provide these very critical amenities to the site — the marina green, boardwalk, walking trails, building the project as a green development — sufficient density was necessary to support that. Not only was 21 % being provided as official affordable units, the size of the units was such that they were affordable by design, which was critical. Mr. Russell believed that by building this project, San Rafael would be creating a community for people wanting a toehold and get established in Marin County. They would interact with each other, start families, and they might even become friends of those already in the neighborhood and perhaps even those who oppose the project. With regard to the architecture, Mr. Russell believed it was as good as could be obtained for a project of this type. It was traditional, still fresh and the site plan was extremely well thought out. He agreed that the idea of the second entry road would severely compromise the plan and detract from what was currently a wonderfully pedestrian oriented development, and the major four lane road entry and exist would be more than sufficient to handle this level of development. Mr. Russell noted that originally the implementation of the market was to happen in approximately 2013; however, the situation had now changed and because of the arrangement with the new market operators, this would happen in a couple of years; therefore, the community would get the benefit of the affordable housing quite a bit earlier. Mr. Russell questioned whether a mitigated plan needed to be reanalyzed by an EIR. He believed the mitigations had been incorporated to address the concerns that the EIR brought to life and those mitigations had done the job admirably; therefore, the problems identified had been solved and the plan deserved approval. Commenting that no project would be perfect, Mr. Russell stated that every project he had done was a series of thousands of compromises. So many balancing requirements and criteria had to be incorporated that no project would please everyone. He believed this to be excellent project, which would be a true asset to the community, and he urged the City Council to unanimously approve it. Elissa Giambastiani, League of Women Voters and Marin Workforce Housing Trust, stated that both these organizations were supportive of this project. Having lived in San Rafael for over 40 years, and been a resident of Glenwood 40 years ago, Ms. Giambastiani stated that for the past 20 years, she had been an affordable housing advocate. She had seen housing built throughout the City; however, it had been a long time since housing was built in the east side, San Pedro peninsula, except for San Pedro Cove, and it appeared to her that affordable housing needed to be shared by all communities in the City. Ms. Giambastiani stated these two organizations were supportive of the project because 20% of the units to be created would be affordable to low and moderate income families. Noting the live -aboard units would be retained, she commented that there would be no starter castles. The affordability by design included the cottages, townhomes and flats above the retail and the density, at 7.5 units per acre, was considerably less than the recently completed Redwood Village in North San Rafael that had 133 units. Ms. Giambastiani stated reducing density did not improve the traffic because the size of the homes got bigger and as the size of homes increased, so did traffic, which studies had proved time and time again. Noting that every affordable home built was an opportunity for one more family to live in the community in which they worked, Ms. Giambastiani urged the City Council to approve the project. Roaer Roberts, Marin Conservation League, stated that from the outset of the project they were concerned about preserving the wetlands, particularly the seasonal wetlands, which were rare, and they were happy to note that the wetlands on the east side of the project would be preserved, with a SRCC Minutes (Regular) 06/18/2007 Page 16 SRCC Minutes (Regular) 06/18/2007 Page 17 proper setback, the path originally proposed to be in the buffer zone and in the setback removed, and the homes pushed back. They believed these to be important improvements in the project, just in recent weeks. Regarding concern about controlling traffic impact, Mr. Roberts stated this largely boiled down to retaining a neighborhood -serving grocery store. The absence of a neighborhood -serving grocery store at this site (he noted the much improved operator, Woodland Market) would entail shopping taking place at Montecito, resulting in a considerable number of trips; therefore, they believed it absolutely essential that the neighborhood -serving grocery store remain at the site and that it be made very clear that use must remain on the site for the future, not with any alternative use. With regard to preserving public access and the recreational values on the site, Mr. Roberts stated this largely referred to day use, both those who walked and enjoyed the views and the day use of the boat launching facility. Mr. Roberts stated that this would be an attractive project. It would involve increased use and one of the problems they experienced with the analysis in the EIR was that all of the traffic analysis relative to the use of the site, as well as the parking demand on the site, was extrapolated from historic uses with very little understanding or analysis of increased potential uses as a result of the attractiveness of the site proposed and now being presented. He indicated that this would be characterized by significant congestion down in the commercial area, boat launch area and yacht club area. They were unsure that the proposed plan would properly address the potential congestion and increased traffic that would be attracted to those public uses in that area. He indicated that this could deserve further study and perhaps some site modifications. Commenting on other issues, not in the staff report, that arose in the BCDC meeting of June 11, 2007, Mr. Roberts stated BCDC believed there should be a planting along the fence because the drawing depicted simply a fence and no landscaping along the fence to protect the wetland, from the parking and housing areas. He indicated they specifically suggested that this was an idea that should be carried through into the project, and that planting would be on both sides of the fence. Mr. Roberts stated BCDC commented on the lighting. The lighting of the boardwalk depicted poles and BCDC specifically indicated they would prefer lower lighting standards that were not so visible and actually focused the light down rather than out over the marina and the wetland area. On the breakwater, besides increasing the height and width, Mr. Roberts stated BCDC was not happy with the scale of the drawing showing a four -foot wide path, and they specifically suggested that the path be wider and allow accommodation of people walking and passing, particularly, he recalled wheelchair access requiring an 8 -foot wide path. In this evening's presentation and in the presentation to BCDC, Mr. Roberts noted the presence of a sculpture at the circle of the plaza at the end of the entry. BCDC believed a sculpture was inappropriate, particularly that represented in drawings, which blocked views. Should there be a design feature at that location, it should be low and not obstruct views. Relative to the fishing sites, Mr. Roberts stated BCDC supported these and the need for a place to clean the fish and deal with the associated waste, and as the drawings did not show toilet facilities in that area, they believed there should be. Pat Dillon, Loch Lomond Yacht Club, stated that from the yacht club's perspective, it was all about the water. She indicated they dealt with boaters and owners on the land who had boats and used the marina. When she arrived in 1991, the marina was in total disrepair, and had been refurbished; however, unfortunately, the land side had not kept up. Ms. Dillon stated that although there was not a perfect answer to the issue, she believed it was close. While not appreciating the development when first proposed, she did so now. The yacht club had a number of conversations with the developers, whom she personally believed had made a very honest effort to address every issue put forward and she considered the current generation to be the best answer available. From the yacht club's perspective, Ms. Dillon stated it enhanced the water, which was their main focus. She believed it would be a nice cornerstone for the development, with newly refurbished facilities. The recreational area was everything they tried to emphasize with regard to a healthy, family oriented lifestyle. Ms. Dillon indicated that the community being brought back with housing on the site, brought back the community they had lost touch with as they had suffered from the change in demographics. Ms. Dillon encouraged the City Council to look at the development as a very close to final genesis SRCC Minutes (Regular) 06/18/2007 Page 17 SRCC Minutes (Regular) 06/18/2007 Page 18 and accept it with very few changes. Mayor Boro recessed the City Council meeting at 10:30 p.m. Resuming at 10:40 p.m., Mayor Boro stated that over the past couple of weeks the City Council had individually met with the homeowners association, developers and City staff for many hours to get up to speed on the project. He assured those present that the City Council had read and heard about the issues and questions raised and they would be acknowledged when it was Council's turn to speak. Mayor Boro invited those wishing to address the City Council to confine their comments to approximately two minutes, not repeat issues already raised, if supporting the project, indicate the reason and if opposing, indicate the reason for opposition. He invited speakers to line up in front of the podium in sequences of 5. George McBride, Loch Lomond Homeowners Association, urging Council support for the project, explained that this was a wonderful, superb project. Having attended meetings for three years, he indicated that Bob Brown and his staff wrote down the issues and responded to them by the next meeting. He was happy about the diversity, which was needed in the neighborhood, and with the Woodland Market. Kvle Keilman, Santa Margarita, stated he would like to raise a concern which heretofore had not been considered this evening. He noted the San Francisco Chronicle had a headline on June 15tH 2007 entitled "Water warning, the heat's on. Sonoma agency implements 15% cut. Other Bay Area providers plead for conservation." Mr. Keilman stated that should there be a drought of the order of the 1978/1979 years, this size of development would have to be reevaluated. The idea of building this type of keystone project for a neighborhood, which he believed was going to be precedent setting and ground breaking in some ways, other neighborhoods would come under different kinds of pressure. He noted a discussion in Terra Linda about building some type of low-income, high density project out at the mall parking lot. Indicating this had become a symbol, Mr. Keilman requested that the City Council reject the project completely. He stated that the letter submitted by Alexander J. Bennett, PhD, went into what was really wrong with the project. He requested the City Council to look at the water crisis the City could be looking at in the next three years. He believed water would not be available from the East Bay, nor up north and Bay water would be very expensive. Mr. Keilman noted that a public process that took almost three hours until the first individual speakers were heard was deeply flawed. Martha McNear, Peacock Gap, indicating that she was in favor of the project and that the City of San Rafael was out of compliance with the California Housing Element, stated that more affordable housing was needed in Loch Lomond, in her neighborhood and all over San Rafael. She noted that the lack of affordable housing added to freeway traffic in that people drove from distances and she pleaded with the City Council to do the right thing and provide homes for families. Pat Jordan, attorney and member of the Board of Directors of the Loch Lomond Homeowners Association, stated that during the time he litigated he frequently came across the saying "If you don't like the facts, change the law, and if you don't like the law, change the facts" and there appeared to be a little of each in this situation. Expressing amazement that it had taken 23 meetings to get to this point, Mr. Jordan commented that in negotiations he had seen all types of bargaining tactics and in this particular situation, apparently there was an assumption that 23 meetings somehow tripped the ticket under NH -118; however, he found no limitation on the amount of public input or the requirement that each of the elements of NH - 118 be met, yet the inference today was that 23 meetings were sufficient. In arguing before arbitrators or arbitrating before judges, Mr. Jordan stated they are always mindful of the fact that there were some rules and standards to be followed and "it was not a question of 'whether you got close, whether you tried or whether you were nice — it was question of whether you meant it" and the overwhelming evidence he saw was "that this doesn't cut it." Indicating that he was not opposed to development and that he would love the project to go forward in a way that made sense for everyone; however, it did not. He stated that in negotiating labor contracts he tried to avoid the disjunctive. The legislation the City Council was obligated to follow, NH -118, was written in the conjunctive, meaning all of the requirements had to be met, and it was not permissible to pick and chose. SRCC Minutes (Regular) 06/18/2007 Page 18 SRCC Minutes (Regular) 06/18/2007 Page 19 Paul S. Cohen, Executive Director, Legal Aid of Marin, stated that 40% of his employees commute from outside of Marin, 80% of whom live outside of San Rafael, and they would very much like the opportunity to be within the pool of people that might be considered for the affordable housing that should be developed, and he was very much in favor of the project. He indicated that density was all about the extreme cost of housing being leveraged over a large number of units; therefore, he would be very much against reducing the size of the housing footprint in any way. Paul Benson, Terra Linda, and member of Loch Lomond Yacht Club, stated he concurred with his staff Commodore about the quality of the project, etc. Expressing concern about parking for the yacht club, he suggested flip-flopping the parking between the new market and the commercial building with the restaurant; therefore, parking for the market would be between the yacht club and market and would afford more suitable parking for the handicapped, etc., and he would like to see this addressed. Mr. Benson stated he would love to see 24 dedicated parking spots for the yacht club. Cliff Meneken, Terra Linda, commented that having sat in on the Planning Commission interviews earlier, he noted the City Council spent a lot of time with intelligent questioning and he admired their patience and wisdom in that process. He expressed appreciation to the City Council and Bob Brown for their work with the historic Eichler enactments in Terra Linda for protecting their homes. On behalf of the Terra Linda Architectural Preservation Committee, Mr. Meneken inquired as to who and what people were in favor of this project. He explained that with the second -floor controversy in Terra Linda, having surveyed the community, the vast majority was in favor and the scientific survey conducted by Mr. Brown supported their findings. He noted it appeared that the vast majority of those in the Loch Lomond community were against the project, despite all the rhetoric, and should that not be the case, he suggested a further survey be done to ascertain what the people really wanted. Mr. Meneken stated the question for Council was whether they would go with the will of the majority. Mr. Meneken stated that some of the concerns expressed in Terra Linda about neighborhood compatibility and views were not met originally, which provoked the big second -floor crisis; however, subsequently, the Planning Department became more sensitive to these concerns. In reading the staff report he was unsure about the sensitivity of concerns in Loch Lomond as he did not believe the compatibility issue had been met or the view corridors observed analytically. Lastly, Mr. Meneken stated they had presented to the City Council for future consideration their concern about a new ethical code. He stated that the attorney for the project, also the attorney for the quarry, the St. Vincent development and casino interest in Marin County, a senior partner at the largest developer firm in Marin County which had been pushing against environmental concerns and NIMBY (Not in my back yard) type concerns, was waging a $35 million campaign on behalf of the Marin Community Foundation, which he chairs, to lobby public officials. He requested that the City Council not only do the right thing but observe as much fairness as possible in this process; otherwise they would be swamped by high development interests with a lot of money and a willingness to do things at any cost. He wished the Council well in this process. Jeffrev Moss, Loch Lomond, suggested the City Council consider the project carefully and not go forward with it. He stated it was too dense and was a charade to indicate it was affordable housing. It had no green aspects and to keep the environment, it was necessary to place denser housing in downtown. He noted the Fair -Isaac building was largely empty and there was empty commercial space in the courthouse building on the ground floor. Mr. Moss stated it was better to keep the denser housing in the downtown where people could use public transportation, and the plan should not be approved. Ted Murrav, Loch Lomond, stated that according to City Council statements, this was the most studied project in the history of San Rafael. It had taken over five years and yet there were still significant unresolved issues and widespread dissatisfaction in the community. He noted Council emphasized that more housing supply was needed in San Rafael and the City needed to plan for 2,000 plus units of housing between 1999 and 2007. There was big pressure from the state and these goals must be met; however, Dr. Murray stated that the City Council had been inconsistent. If housing supply was so critical, he questioned why they gave up the rights to St. Vincent's/Silveira. Dr. Murray stated that the current plans for over 200 units at St. Vincent's/Silveira could have counted towards San Rafael's housing goals; consequently, other San Rafael neighborhoods would have to make up the difference. Noting another opportunity for housing, Gold Hill in Dominican, a residentially -zoned property, was purchased and converted into open space in 2003, Dr. Murray stated this City Council voted to approve this purchase and provided public funds to do so. He noted residents also contributed SRCC Minutes (Regular) 06/18/2007 Page 19 SRCC Minutes (Regular) 06/18/2007 Page 20 funds. Indicating this was Mayor Boro's neighborhood, Dr. Murray stated that admittedly, there would only have been room for a few homes; however, with 2,000 required, every one counted. Complimenting David Israel, Dr. Murray stated he was incredibly patient, he had done a wonderful job, he had tried very hard, the buildings would look very nice and he appreciated the use of the highest quality materials. Dr. Murray stated that after sixteen years under the stewardship of the Council, he believed it fair to say that San Rafael did have a renaissance. The downtown was languishing in the early 1980s and the City Council should be congratulated for their efforts; however, the pendulum of development and the citizens' attitudes towards it, swung both ways. Dr. Murray stated that no doubt, this would be the last major project for this particular Council to vote on before the fall elections. Noting one was retiring, he stated there would be challengers for the three available seats. After 16 years, should they wish to leave a positive legacy and not one of a City Council that had become ossified and out of touch, a very positive gesture would be to decrease the number of housing units in this project. James P. Skates, Loch Lomond Marina Live -aboard, stated he remodeled a home several years ago on Main Drive, frequented the restaurant, marina and walked his dogs on the levy. Indicating that he had been looking forward to completion of this project, he believed the developers and architects had done a fantastic job in trying to meet the BCDC requirements. While fine tuning remained, he believed the correct people and tools were available to do so and he supported the project. Don Slack, Stinson Beach, stated that to him a marina was about boats and boating; however, he had only heard about retail space, development housing, etc. With regard to parking, he noted that currently there were four rows of parking between A and F docks, which would be reduced to one row. He stated that on a nice weekend, most of those four rows were filled with cars for boaters, who needed to drive close to their boat because of the equipment they carry, and parking half a mile away would totally undermine the boating aspect of the marina. Noting dry boat storage was a third of what the marina was all about, Mr. Slack stated this was being totally thrown out. He suggested it could be reasonably reduced and cleaned up and fees could be charged, as to him the whole idea of a marina was being ignored. Mr. Slack requested that the City Council totally reconsider the plan. While he was in favor of affordable housing, he believed affordable housing and waterfront housing was a contradiction in terms. Al Barr, Loch Lomond, stated four core issues affected his neighborhood: 1. Parking of trucks and trailers that could overflow into Loch Lomond; 2. Traffic noise reflected into Loch Lomond; 3. Public and private views; 4. Alleged need for a second entrance into the site. With regard to parking, Mr. Barr stated that the initial plan called for 25 day use parking spaces. The mitigated plan provided for 35 spaces, assuming that dry boat storage was moved off site. Noting dry boat storage was a low intensity use, Mr. Barr stated that on a busy weekend day, out of 200 spaces, only a handful of boats were ever taken to the dry boat storage. Off site alternatives were available for dry boat storage and providing more space for trucks and trailers would mean they would not overflow into his neighborhood, a critical concern for some of his neighbors near the marina. On the question of reflected noise, Mr. Barr stated that traffic noise reflected into Loch Lomond would not be as severe as initially feared because of wider setbacks between the cottages on Point San Pedro Road. Nevertheless, there would be some and this problem must be addressed. He stated this issue was associated with the noise reflected by the wall in front of San Pedro Cove and traffic noise from this source was accentuated by the curve on Point San Pedro Road that concentrated and reflected noise into his neighborhood. Mr. Barr stated that they were not consulted when the original developer built the wall which was approved by the City over twenty years ago. Both sources of noise, the marina development and the San Pedro Cove wall, must be mitigated by sound reducing paving on both lanes of San Pedro Road from Bayview Drive to the western edge of San Pedro Cove, just before San Pedro School. On the question of public and private views, Mr. Barr noted a great deal had been stated about views. As to public views, he indicated there were only two in Loch Lomond, the corner of Allensby and Dunfries Terrace and the entrance to the marina at Loch Lomond Drive and Point San Pedro Road. He stated that the latter view corridor would be greatly improved when the boat..... building is removed and the road widened to four lanes. While Allensby and Dunfries would suffer a loss of SRCC Minutes (Regular) 06/18/2007 Page 20 SRCC Minutes (Regular) 06/18/2007 Page 21 view of the marina, Mr. Barr stated this would be more than offset by the improved view for many more people looking down Loch Lomond Drive to the Bay. With regard to private views, Mr. Barr stated that homes at higher levels on Tweed Terrace and Loch Ness were not seriously affected and homes in the flats and most higher up, did not have views of the marina currently. Mr. Barr stated that the major impact on private views of the marina was from approximately 12 homes out of 266 homes in Loch Lomond. Views were also affected by trees on the marina site that would be removed and by trees on the City easement along the west bound lanes of Point San Pedro Road, a space that had not been maintained for years. Mr. Barr stated that the applicant would help solve this problem in consultation with the Department of Public Works to remove the Eucalyptus trees and top some of the pine trees at no cost to the City. With cooperation from the homeowners association by contacting a few homeowners, a few pines could be topped to improve views of the Bay Bridge and the Marin Islands at no cost to homeowners. With regard to views of Loch Lomond and the hill above from the walkway in front of the Marina, Mr. Barr agreed that a view of the hill looking north directly in front of the new homes would be impeded; however, attention was not normally in this direction at this location. People would look at the marina and Mount Tamalpais on one side and the new marina green on the other. Further east along the walkway, the view of the hillside and Bayview Acres was unimpeded and he did not believe the view issue from the walkway was very significant. Mr. Barr noted that at a homeowners meeting four years ago and at a meeting on Measure `S' at Glenwood School, Mayor Boro indicated that he would not vote to hurt their neighborhood. He stated the City Council need not worry as this project would benefit the neighborhood and the City. Anne Chenino, Gerstle Park, stated she had lived in Gerstle Park for 29 years and in the last three years her family moved to San Pedro Cove. She reported the noise they experienced there was deafening and very disappointing to them. Indicating she was shocked at the beauty of this marina, Ms. Chenino stated that what some consider denigrating, to her was quite beautiful and tonight she had learned that taste was relative. While there could be some improvement, Ms. Chenino questioned what type. She indicated she was vehemently opposed to the development because of density, water use, land use and she believed affordable housing was being used as a "buzz word." Indicating she wished she had been involved in this project five years ago, Ms. Chenino stated she would have loved to have seen a poll taken of the residents and citizens of San Rafael inquiring whether they wanted this. Noting those who wanted to make the money from the sale of the marina needed to be compensated for their land, Ms. Chenino stated she would like to see residents taxed to purchase the land to use possibly as a memorial to Elizabeth Terwilliger, with whom she was a nature guide for many years. Being an educator in San Rafael, Ms. Chenino stated she had taught children to respect and appreciate land and to let this gem go in the community was a travesty. Ms. Chenino stated that she would like to see done what was done to save Falkirk. When developers wanted to purchase Falkirk and the Dollar family needed to sell it, the citizens of San Rafael, under the leadership of a woman, came up with the idea of taxing its citizens to purchase the property and its environment. While some would consider five years too long, Ms. Chenino stated that perhaps the reason it had gone on for five years was maybe this solution was not right. Frank Batat, Loch Lomond, stating the world was full of unintentioned consequences, believed the room was full of good intentions; however there were some traps. He indicated that David Tattersol from Bayside Acres, an engineer, addressed the problem of the fill, which was a real problem. Mr. Batat explained that the mud sitting underneath was like quicksand and when the Loma Prieta Earthquake took place all the bottles and cans fell off the shelves in the store, whereas this did not happen up in Loch Lomond on solid ground. Having been a boater for over 30 years, Mr. Batat stated there were dredging problems in the channel and it was difficult obtaining funds to resolve these. Should the marina disappear because it became unusable, Mr. Batat stated the entire development would go into disrepair. Placing tons of fill without having very positive engineering to keep that fill from sliding into the marina and subsequently filling up the channel would result in a place where no boats could go; therefore, it was necessary to ensure the engineering was such that it did not wreck the marina. SRCC Minutes (Regular) 06/18/2007 Page 21 SRCC Minutes (Regular) 06/18/2007 Page 22 With regard to the change of grade, which was not depicted in the slides, Mr. Batat stated he did not believe it was right to go forward without showing what the actual change of grade would look like from Loch Lomond and from the road. Mr. Batat stated that currently there was too much traffic in the area, with more to come. Eventual development in the quarry had not been discussed and he urged the City Council to lock down now, as part of this project, what development they would allow in the quarry. Noting San Pedro Road was breaking up, Mr. Batat stated the trucks should be forced to have a weight limit or as a mitigation, instead of trucks to utilize barges. Andv Bachich, co-owner and operator of the new market, complimented the current market operator, Vasu, who had been a gem to work with. While it was not an ideal spot, between Vasu allowing him to step in for the next two years to get to know the neighbors, etc., the community pushing for a market, the City supporting the market idea and the developers bending over backwards, the plusses much outweighed the negatives. Mr. Bachich stated the neighborhood and City needed to focus on the services needed at Loch Lomond. Noting a few thousand feet remained, he believed this to be one of the most important things because of the traffic issues. The market was getting approximately one-third, at the most, of the shoppers and more shoppers and services would definitely help the traffic situation. He did not believe the new subdivision would cause a traffic problem as there already was a traffic problem in San Rafael, which could be helped if done correctly. With regard to Saturday morning boaters, Mr. Bachich noted there are seldom deliveries on the weekends thereby there would be no confusion with boaters and trucks, and he favored one entrance. Mr. Bachich noted that should a disaster hit, he would be the one with the food. Brad Oldenbrook, boat owner, stated that through the years of watching the project, he believed the issues remained consistent and as he validated everyone in attendance expressing their heartfelt comments concerning how the project would affect both the neighborhoods and San Rafael, he believed these concerns had been heard and as much as possible, incorporated into the development. While the elected City Council could make conditions around the comments, he believed some issues could not be tackled, such as views. He believed the only place to locate a second entrance would be too close to the signal causing more accidents and increasing traffic. Mr. Oldenbrook stated that when weighing the benefits of the project with its effects, it should be passed with certain conditions. Kathleen Peters, Villa Real, stated she had attended all of the meetings and had a grave concern about the density, while favoring the 20% affordable housing. Making it less dense would create a beautiful development; however, the current density would create a terrific conflict in terms of traffic. Noting the entire community feared the onslaught of traffic, she stated that currently it takes her at least twenty minutes to reach the freeway. Ms. Peters urged the City Council to make the project less dense, which she believed the developers were capable of. Tvmber Cavasian, Gerstle Park, stated she had submitted comments in writing to the City Council which she hoped they would read before making a decision on the project. Regarding General Plan inconsistencies, Ms. Cavasian stated one condition of approval she hoped would be required was that signs reading "Private" could not be placed on roadways, entrances or other areas and that entry gates would be expressly disallowed. Doing so would be consistent with NH -118 which stresses accessibility and welcoming visitors to the site and guarantees that in perpetuity the public access would really feel public and open. Ms. Cavasian stated that the Land Use section in NH -118 on the marina site spoke to the determination for residential components, which Paul Jensen addressed. She indicated it covered the mix of housing types meeting design objectives and "To increase the affordability of market rate units, a majority of the dwelling units on the property shall be attached housing and/or small single- family homes." Ms. Cavasian stated the proposal definitely slipped past the simple majority mark for attached housing; however, the size and mix directives of the General Plan were disregarded. She stated there was nothing in the proposal that was a small single-family home and calling a home a cottage did not make it so. The average square -footage of all the units was greatly above 1,800 square -feet for all practical purposes, although she noted a couple in the mixed-use building of 1,200 square -feet. Ms. Cavasian stated this represented an absolute vast minority and did not meet the General Plan SRCC Minutes (Regular) 06/18/2007 Page 22 SRCC Minutes (Regular) 06/18/2007 Page 23 guidelines. In addition, the footprint was pressing into other site uses which made for a less than optimal site plan and simply by improving the mix of houses and getting that square -footage building footprint down, everything could function somewhat better. Noting the developer had some additional benefit by the planned unit district and the General Plan recognized that a boundary change might happen, Ms. Cavasian urged the City Council to consider what that boundary change should be and what uses were being sacrificed for a well-balanced site. As the applicant continued to make modifications, Ms. Cavasian stated that the plan kept getting better and better by their (residents) repeating the issues and she hoped to find the happy medium to a good long-term project. With the majority of the housing being large three-bedroom configurations, Ms. Cavasian stated that size and variety of housing needed to be addressed for General Plan conformity. Continuing with land use — the marina functions — Ms. Cavasian stated that some people covered this well, as she did in her written comments also; however, more flexibility in space to reduce the conflict with other uses would really be effective. She considered the big bottleneck not to be the main entrance but the entrance to the west side — commercial — which was approximately 25 feet wide with a lot of uses going in and out. That bottleneck with the turning markings on the plan did have some potential conflicts that required evaluation. Ms. Cavasian believed the marina flavor was being hidden behind very nice buildings and it would be stellar if something could be done to make those features a little more visible. Providing adequate space for the boat repair trailer and more boat parking and addressing boat storage still fell flat of the site use on the Land Use part of the General Plan. With regard to inside design, Ms. Cavasian stated that the tall buildings lining the corridor and the visibility lacking to the western side of the marina site, as well as the restaurant and shower facility increasing the mass of the yacht club building right at the shore line, all appeared at odds with the site design section, part b. of NH -118, and needed more work. Ms. Cavasian expressed the hope that the City Council would reconsider or think about dedication versus the way this was being funded, as covered in NH -118 under Common Area Maintenance. The variety of public uses was extraordinary at this site, far beyond what she believed private funding should be requested for. In conclusion, Ms. Cavasian stated she recognized there were good things about the project; however, there were also things that did not mesh with the General Plan. She hoped Council would not only read her comments, but really think about everything presented this evening. Paul Clark stated that tonight was the final opportunity to bring reason to this process and save a unique resource from the clutches of greed and avarice, masquerading as affordable housing. With regard to the current housing and proposed housing element in Loch Lomond, Mr. Clark stated that any housing development allowed at Loch Lomond marina would be a boon for this Southern California developer who was quite adept at turning distressed, underdeveloped properties to gold through manipulation of the planning process. There was no need to feel sorry for Oak Tree Capital or their local incarnation, Thompson Dorfman, who were very big boys who entered this process with eyes wide open and "we should not be afraid to insist that whatever is built at Loch Lomond marina responds to our very local needs." Mr. Clark considered it interesting to note that in Mayor Boro's opening remarks, both times he referred to the project as "The Village at Loch Lomond" and did not include "marina" even though that is what it had been called by the developer, and he believed there should be more emphasis on the marina aspect. Mr. Clark stated he took offense at suggesting that facilitating Mr. Arniston's carbon footprint had anything to do with the small boat marina at Loch Lomond. He added that this development had been shepherded through by the Community Development Department and he found it incredible that a so-called pedestrian oriented development required a car to get to and from work. Noting the project had been compared to the Redwood Village development, Mr. Clark questioned who could possibly compare a marina sitting on the Bay to a piece of vacant land between railroad tracks, multi -family housing and fast food outlets. Mr. Clark stated he wrote a letter to the Marin Independent Journal, which they chose not to publish, as follows: "The San Rafael Planning Commission held a workshop on Tuesday, May 9 to consider how the City should interpret policy NH -118 as it relates to retaining sufficient dry dock boat storage at Loch Lomond Marina to meet the needs of local residents and `does' the dry boat storage assessment SRCC Minutes (Regular) 06/18/2007 Page 23 SRCC Minutes (Regular) 06/18/2007 Page 24 provide adequate data and information to determine marina storage needs. The staff's dry dock boat storage surveyed other Marin businesses, dated April 20, 2006, neglected to mention Sausalito's Clipper Yacht Harbor, which is the largest in the area with over 800 slips, including dry storage. Clipper is particularly relevant because it is the only full-service marina in Marin County remotely comparable to Loch Lomond Marina. Having Marin's only other deep water launch, any competently performed survey should closely analyze Clipper. The Contract Planner volunteered that this oversight was an honest mistake. I question the City staff's competency to adequately advise the City on marina issues. The City continues to ignore repeated public appeals to recognize that Loch Lomond Marina's irreplaceable regional resource value will slowly be strangled if housing is allowed to consume land required to support current and future marina services. I urge the City to retain a respected independent small boat marina professional to guide them on the requirements for maintaining the long term viability of Loch Lomond marina as a full-service facility. Honest mistakes can lead to unintended consequences and the consequence I see right here came down the pike not too long after. The Planning staff is now recommending that all the dry boat storage be removed finding `that dry dock boat storage is not the highest and best use for the marina site.' What would be, perhaps 30 -story high rises? I'm sure that we can all find better uses." Jim Dixon, San Pedro Cove, stated he was a member of the original charette approximately five years ago. He indicated that at the very beginning he was against the project, the density, traffic increase, heights of the building, noise and lighting. At this point Mr. Dixon stated he believed that Thompson Dorfman had done an incredible job of listening to the neighbors, noting San Pedro Cove was probably the closest, and together with Bayside, were the most impacted. Indicating that they had tremendous respect for what Thompson Dorfman had done and were doing to try to meet their need, Mr. Dixon stated one of their concerns related to the spits in the recreational areas. He reported that Parks and Recreation looked at this extensively and agreed that the central spit (eastern spit) was the wider. The western spit, which was right next to the cove, was very narrow and would be very dangerous for children and not conducive to children; therefore, they were glad Parks and Recreation agreed that the central spit was the place for recreational activities. With regard to the back of the market and the loading trucks, Mr. Dixon believed those in Bayside Acres were very glad to see that was no longer there. On his side, Mr. Dixon stated they look directly across at the back of the new development. Thompson Dorfman had worked very closely with them and they very much appreciated the use of fencing, walling and trees to restrict their view. He noted it was not impacting on anyone else's view. With regard to Bobby's, Mr. Dixon noted the deck was facing to the east with a view of the Richmond Bridge, Redrock, Marin Islands and the boats. The west service area would face in his direction and they strongly believed that keeping the western exposure was to the benefit of all parties. Mr. Dixon requested that the lighting be kept low and parking restricted to day use only. Indicating that it was a wonderful project, he stated the majority in San Pedro Cove strongly supported it. Pat Lopez, Harbor Master and General Manager at the Marina, stated he had followed the project very closely and attended almost every meeting. In talking to many live-aboards and slip tenants, he believed there was significant support for the proposed project. Relative to its existing condition, the marina would be significantly upgraded and marina tenants would benefit in the following ways: • The project enhanced the marina. • Much needed breakwater repairs would be completed and would as a result, better protect the marina's live-aboards, slip tenants, their boats and the marina, not to mention the fish stations, bird -watching, walking and increased conditions out on the breakwater. • Expanded boardwalk and new marina green fronting the marina would provide a much more pleasant living and boating experience for live-aboards and slip tenants. • The nearby high quality full-service grocery store would also provide a great amenity to tenants, plus the restaurant and improved yacht club. • New laundry and bathroom facilities for the live-aboards would be a significant upgrade from the current facilities. • Existing bait, boat maintenance, canvas, as well as the boat launch and field dock would be retained and would continue to serve the needs of tenants as well as boaters and fishermen from the public. Overall, Mr. Lopez stated the proposed project would significantly enhance and make the Loch Lomond Marina one of the premier marinas in the Bay Area. SRCC Minutes (Regular) 06/18/2007 Page 24 SRCC Minutes (Regular) 06/18/2007 Page 25 Noting marina usage was down, Mr. Lopez stated this project would only enhance it and bring vitality and life back to the marina. He believed the development team had done an awesome job and he urged the City Council to approve the plan. Ken Gozliner, San Pedro Cove, stated comments were made this evening concerning BCDC and how neighbors had or had not been working with them, and he wished to inform the City Council that San Pedro Cove was currently working with BCDC to enhance everything that was being done to make it a more friendly area for visitors. New signs would be erected, bicycle racks installed, etc. Noting an open space area, currently owned by San Pedro Cove, on the eastern side of San Pedro Cove, between the new marina and San Pedro Cove, Mr. Gozliner stated there had been discussion concerning linking the pathways around the new marina area to that land. He indicated that San Pedro Cove residents, although they would install a pathway that would lead to the water, were against linking the two. He explained that they believed it would be dangerous. There would be a lot more children in the marina area and linking the two paths would make it dangerous. With regard to the fencing alluded to by Mr. Dixon, Mr. Gozliner stated there currently was fencing and a lot of trees and shrubbery, some of which BCDC would like to see removed; however, the developer and residents would very much like to put in a tree lined area to cover up the backs of the buildings and the parking lot. He did not believe it would impact anyone's view, rather it would be an improvement for those walking down the path and neighbors in San Pedro Cove. Noting discussion regarding the two-story buildings on Point San Pedro Road, Mr. Gozliner stated that there were trees across the street higher than the buildings would be; therefore, it appeared difficult for him to understand how the buildings would impact views. There being no further comment from the audience, Mayor Boro closed the public hearing. Councilmember Heller inquired about the process for the meeting of July 16, 2007. Mayor Boro explained that at the meeting of July 16, 2007, staff would present the results of this evening's discussion, at which time the process would move forward or additional information requested. Councilmember Phillips stated that the majority of the issues raised this evening had already been addressed; however, to ensure he had them covered in his final deliberation, he requested further explanation on the following: Lighting Opinions expressed to have the lighting aspect lower could have merit. Roofline Lowering the rooflines on the residences on the water line by approximately 2 feet. Parking near the Yacht Parking could be an issue for the yacht club in some of their Club activities. Grade Level How this might impact the views, etc. Lease Term for the Grocery Lease terms of the grocery store a very important aspect. Store Planting along both sides of Appeared to have merit. the fence. Path Currently 4 feet with mention of 8 feet being the requirement. Spaces for Parking Composition of parking space allocations. Second Entrance Appeared to be of vital concern. Councilmember Heller requested further explanation on the following: Storage in Homes Sufficient closets. Cars allowed to park outside garages. Live-Aboards Ensure live-aboards have their own private parking areas and boaters needed parking while taking items on and off. SRCC Minutes (Regular) 06/18/2007 Page 25 SRCC Minutes (Regular) 06/18/2007 Page 26 Water availability Fill Engineering question. Home Sizes Why these particular sizes were selected. Linking of Paths Was this a BCDC or developer decision, not a City decision. Path 6 -foot wide sufficient for wheelchair accessibility. Breakwater Provide two -minute presentation on how the breakwater would be improved. Path in buffer zone Could this be reinstated? For the past 45 years it had been there for the betterment and education of the community and to take it away because of improving a property was not favored. Councilmember Miller requested further explanation on the following and indicated that the easiest way for him to think it through and see and understand was by the use of comparables. He understood that comparables were limited and had differences as well as similarities. (Councilmember Miller believed material was presented at one of the Study Sessions in this connection): Density Comparables. Circulation round the Comparables. marina Intersection and Comparables perhaps Lincoln Avenue and Second Street. One-way entrance/exit Views The view to the ridge was a very important aspect to residents. Difference between the view of a single story as well as two-story. Affordable housing The formula used for affordable housing. Connecting pathway Ensure that the resolution strongly supports the safety and liability involved. Councilmember Cohen requested further explanation on the following: Lighting Impact How to ensure the ultimate design mitigates the lighting impacts. Sound Reducing Pavement Noise studies and the cost versus the benefit in terms of mitigating noise impacts. Surcharge Surcharging was not a new technique. Research engineering studies carried out. Wetland E Current proposal calls for this to be filled — Mitigation should be identified. Nature of the fence along Neighbors indicated a wooden fence was proposed — Needs the western edge of the clarification. project Elevation - Grade His understanding was that the project is at grade at Loch Lomond and is filled as it slopes away to the water — to the south and east corner, primarily. Clarification required so the public understands. Six months for the market Explanation in terms of assuring the public the issue is taken usage seriously and steps were being taken to retain control. In at least one downtown commercial project the City retained the riqhts to SRCC Minutes (Regular) 06/18/2007 Page 26 SRCC Minutes (Regular) 06/18/2007 Page 27 approve commercial usage and this should be explored. While a good job was done in responding to a very strongly stated concern by the community, it would not hurt to take further steps to assure the community that it would continue to be monitored, holding the developers to doing the best effort to make it work. Green Building Reference in the April 24t' staff report indicating green building Requirements techniques would be used. Clarification on whether or not the project proposed to comply with the hopefully soon to be adopted Green Building Ordinance by the City. Should this be the case it needed to be stated clearly and be a condition. If not, a better explanation of what was proposed in terms of green building than just a reference that green building techniques would be used. Views More work could be done on view studies. The issue of private views was a thorny one which had been wrestled with on other projects also. No satisfactory answer for those whose private view was impacted because any building anywhere on the site would impact someone at grade. He did not believe the suggestion to buy it and keep it open was a viable solution. A better job could be done at evaluating public views. In the presentation this evening Councilmember Cohen noted a couple of places where "we were looking at public views and saying, that's the previous project" and in almost every case, the view would have been improved if looking at the mitigated proposal. It did not appear to be that much more work to revise those particular view studies and lower particularly the commercial building, and be able to demonstrate this was what the mitigated project would look like. Park — Marina Green More discussion needed. In terms of funding, given the City's financial situation there was not a lot of choice; however, there should be a very clear explanation of how that works and a very clear understanding of what the City's enforcement powers were with respect to ensuring that a future homeowners association was in fact, maintaining the property to City standards and what options the City had for enforcement. Closing the spits at night Explanation required at next meeting on the question of closing the spits at night. If this is privately held but publicly accessible land, an explanation of police powers was needed and whether or not the San Rafael Police Department had the right to enforce the noise ordinance or whether they had to be invited on. Further explanation and discussion of not only the maintenance of the park but the City's authority if this is private land. View Impact In terms of the view impact, Councilmember Cohen was in disagreement with the Design Review Board about the benefits of a defined edge to the residential development. More information required on the impacts of lowering the buildings. The excellent architect for the project had some ideas about lowering them while maintaining them as two-story and he would like to have an understanding of the impact of this versus lowering them to one of the smaller cottages, i.e., 19 -feet. This referred particularly to a couple of the single-family units at the marina at the corner of the view corridor. Also, the impact of looking at the row of townhouses and more thought given to stepping back that edge. Mavor Boro requested further clarification on the following: Grocery Store It was important to understand what had been agreed to. Bobby's Comments were made on a 6 -month window, and a lease had been Yacht Club signed. Definitive information required as to the status of these. SRCC Minutes (Regular) 06/18/2007 Page 27 SRCC Minutes (Regular) 06/18/2007 Page 28 Public Accesses Guarantee required that the public accesses would be made permanent and how this would be enforced. Affordable units How sustaining Mello -Roos and the impact on the affordable units would work. It would not be possible to get a marina of this type with public access without private support. Regarding the comment that the site should be purchased, Mayor Boro indicated he made that comment four years ago to the neighborhood; however, there was no support for it. There was an opportunity to make this a good public site with appropriate maintenance. While the Mello -Roos district would do it, the safeguards around it needed to be understood. Second Access Emergency access area could be evaluated for second access. Fill The engineering around the fill was important. How it would be Dredging engineered and who would be responsible for it. Work in progress with the Corps of Engineers to obtain a $4.5 million grant to dredge the canal, hopefully in the next year. Lighting Secondary issue to be dealt with at another time. Palm Trees Concern from the community noted. Monument Density of this site Report requested on the density of this site compared to Peacock compared to Peacock Gap Gap with the condominiums, the smaller units on Biscayne Drive, and the issue of compatibility. Boat Storage Mayor Boro indicated he was informed that at one point there were approximately 170 spaces and less than a dozen people using the site for boat storage were within the immediate two mile radius. Was there a way to accommodate some level of boat storage, restricted to people within a radius of the site? Density Although the issue of density was discussed at length, nothing specific proposed. Was there any form of density reduction that would make sense and improve the site that should be evaluated. Two came to mind: a) from the site itself looking up to the hills; b) stepping back the double row of townhouses on entering the development on the left. Left Turns Issue should be addressed. New Uses and sufficient Further exploration of sufficiency. parking Marina Green — safety Safety issue, etc., to be evaluated. Rubberized Pavement The added cost and could this be mitigated through this project the next time that stretch is paved. Renderings The renderings (before and after) presented pertained to the first version of the project, which was now improved and it would be important to see these. The difference in grade had been accounted for in tonight's presentation; however, it was important that it be stated in writing. BCDC Assumed BCDC would do their own enforcement and the project would go back before BCDC once approved by the City. Regarding access, Councilmember Cohen noted some concern among the neighbors in the Loch SRCC Minutes (Regular) 06/18/2007 Page 28 SRCC Minutes (Regular) 06/18/2007 Page 29 Lomond neighborhood that particularly if there was not a way to accommodate the second driveway, some people would choose to drive up into the neighborhood in order to avoid waiting to make the left turn. He understood staff did not believe this would actually happen and that there was sufficient capacity; however, he would like this to be recognized as a possibility and acknowledge that the City was prepared, if necessary, to adopt traffic calming measures inside the Loch Lomond neighborhood to turn people back to making the left turn onto Point San Pedro Road. While he was comfortable with staff's analysis that this was unlikely to happen, he believed the neighbors needed to be assured that if staff was wrong there was a plan to address the issue in the event an error was made in terms of the impact of traffic exiting the development. Mayor Boro confirmed that the public hearing was closed and the item would be continued to the meeting of July 16, 2007. COUNCILMEMBER REPORTS: 6. None. There being no further business, Mayor Boro adjourned the City Council meeting at 12.25 a.m., Tuesday, June 19, 2007 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 2007 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 06/18/2007 Page 29