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HomeMy WebLinkAboutCC Resolution 11609 (Condominium Campus)RESOLUTION NO. 11609 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A TENTATIVE MAP (TSO4-004) FOR RE -SUBDIVISION OF THE COMMERCIAL CONDOMINIUM CAMPUS LOCATED AT 4300 REDWOOD HIGHWAY FOR UP TO 50 CONDOMINIUM UNITS (APN: 155-110-05 AND 06) WHEREAS, on April 21, 2004, on behalf of 4300 Redwood Road Venture, LLC, owner, Perry Palmer submitted a planning application for a Tentative Map to the Community Development Department to allow resubdivision for up to 50 condominium units at the 10.0 -acre Fairchild site located at 4300 Redwood Highway, and on May 25, 2004, the applications were deemed complete for processing; and WHEREAS, on June 15, 2004, the San Rafael Planning Commission held a duly noticed public hearing on the proposed Tentative Map, accepting all oral and written public testimony and the written report of the Community Development Department staff, and recommended approval of the Tentative Map application; and WHEREAS, by adoption of a separate resolution, the Planning Commission has recommended approval of a concurrent application for Rezoning from a Planned Development (PD 1804) District to a revised PD District to allow up to 50 condominium units; and WHEREAS, on July 19, 2004, the San Rafael City Council held a duly -noticed public hearing on the proposed project and accepted all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, by adoption of a separate ordinance, the City Council approved a Rezoning from Planned Development (PD 1804) District to a revised PD District for the property, which establishes the appropriate development regulations and trip generation rates for the proposed project; and WHEREAS, the City Council made the following findings with respect to the applications for a Tentative Map to allow re -subdivision of the of the commercial condominium campus located at 4300 Redwood Highway for up to 50 condominium units: Tentative Map Findings (TSO4-004) The proposed map is in accord with the General Plan, and any adopted specific plan or neighborhood plan in that: a) the proposed 16 -building commercial condominium development with up to 50 units would be consistent with its underlying Light Industrial/Office General Plan land use designation; b) the proposed site plan would be consistent with the minimum size and shape for lots, and lot design standards, in accordance with the City's Zoning Ordinance, and Subdivision Ordinance; c) the project would redevelop an in -fill site in an urbanized area where public services are available; d) potential environmental impacts on the site have been mitigated; and e) the project has paid traffic mitigation fees to contribute its fair share toward traffic improvements in the area. 2. The design or improvement of the proposed subdivision is consistent with the San Rafael General Plan and any pertinent specific or neighborhood plans in that: a) the project proposes structures, site improvements, landscaping, parking, and architectural designs appropriate for Page 1 of 3 11109 the setting; b) Zoning Ordinance Chapter 25 — Design Criteria findings have been made below which, implement the General Plan design policies LU -19 through LU -36; and c) the the project has been reviewed by the Design Review Board to ensure that the design is compatible with the neighborhood and surrounding environs. The property subject to the subdivision is physically suitable for the type and density of the development that is proposed in that: a) the project was reviewed by the Design Review Board and Planning Commission, and Environmental and Design Review Permit findings have been made determining that the project is in conformance with the design criteria in the General Plan, and Chapter 25 of the Zoning Ordinance; b) adequate services and utility systems are immediately accessible to the site from Redwood Highway to serve the proposed development; and c) adequate area would be provided on-site for required parking, landscaping and drainage improvements. 4. The design of the subdivision or the proposed improvements are not likely to cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: a) a 50 -foot hardscape setback and a 100 -foot building setback would be maintained between the project and Gallinas Creek; b) geotechnical review has been completed for the project to evaluate potential hazards; c) the proposed project has been reviewed and conditioned to incorporate fire and crime prevention techniques by the City's Police and Fire Departments, and would be constructed to meet the minimum standards of the Uniform Fire and Building Codes; d) the project has been conditioned to require stormwater pollution prevention measures and best management practices (BMPs) in accordance with Regional Water Quality Control Board (RWQCB) standards; and e) mitigation measures have been recommended as conditions of approval to reduce potential impacts to less -than -significant levels. The design of the subdivision or the type of proposed improvements is not likely to cause serious health problems in that: a) there are adequate services for site development; b) the subdivision has been designed to be sensitive to the character and improvements of the surrounding area; and c) the potential environmental impacts have been assessed pursuant to the provisions of the CEQA and mitigated to a less -than -significant level through the project design and conditions of approval. 6. The design of the subdivision or the type of the proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that: a) no access easements are required for the public at large, public rights -of way, or public trials exist on the property; and b) an existing improved roadway right-of-way (Redwood Highway) exists that would provide adequate and safe access and utility connections to the condominiums. NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve the application for a Tentative Map to re -subdivide the subject property for up to 50 condominium units, subject to the following the conditions of approval: CONDITIONS OF APPROVAL 1. This Tentative Map approval permits the re -subdivision of the subject property for up to 50 condominium units within the building footprints identified on the Tentative Map and the approved Environmental and Design Review Permit (ED03-004) plans. All Page 2 of 3 improvements and uses of the subject property shall be consistent with the approved Planned Development District (ZC04-004) and the adopted Use Permit (UP03-004) and Environmental and Design Review Permit (ED03-004) for the project. 2. The Final Map for the condominiums shall be recorded, prior to the issuance of building permits for tenant improvements for Phase H of the project. Said Final Map shall include a parenthetical statement under exception to public service easement to read "approximate building footprints." 3. The applicant shall record a document of annexation to the CC&Rs for Phase H of the project to accurately reflect the 50 condominium units (delineated on the condominium plan) with the recordation of the Final Map for the re -subdivision. I, JEANNE M. LEONCINI, Clerk if the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the 19'h day of July, 2004, by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None Page 3 of 3 JEA$NE M. LEONCn, City Clerk