HomeMy WebLinkAboutCC Resolution 12331 (Loch Lomond Marina)RESOLUTION NO. 12331
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT
TO THE SAN RAFAEL GENERAL PLAN 2020 TO AMEND THE LAND USE MAP OF THE
LAND USE ELEMENT ADJUSTING THE MARINE -RELATED, NEIGHBORHOOD
COMMERCIAL AND CONSERVATION LAND USE DESIGNATIONS ADOPTED FOR
THE 29.7 -ACRE UPLAND PORTION OF THE LOCH LOMOND MARINA SITE
APNS 016-070-020, 030, 040, 050, 060, 009-141-050, 070, 080 AND 009-142-070
(GPA 05- 001)
The City Council of the City of San Rafael finds and determines that:
WHEREAS, in November 2004, the City of San Rafael adopted the San Rafael General
Plan 2020 and accompanying land use map, which designates the 29.7 upland portion of the 131 -
acre Loch Lomond Marina property in three (3) land use categories: 1) Marine -Related
encompassing 13.9 acres of the upland portions of the marina site including the jetties and
breakwater; 2) Neighborhood Commercial encompassing 10.6 acres of developed, dry uplands,
set to accommodate potential development of this up to a maximum of 135 residential units; and
3) Conservation encompassing 5.2 acres of the eastern portion of the marina site containing dry
uplands and seasonal wetlands. No General Plan land use designation has been adopted for the
submerged tidelands or open water portions of the marina site; and
WHEREAS, the San Rafael General Plan 2020 was adopted to incorporate many area -
and site-specific goals, policies and programs, including Neighborhood Element Policy NH -118,
which sets forth land use and site design measures for redevelopment of the Loch Lomond
Marina site. Policy NH -118 encourages development of the Loch Lomond Marina site with
mixed-use that includes the retention of marina and marina support facilities, water -oriented
recreation uses, neighborhood -serving commercial uses and residential use providing a variety of
residential unit types. Regarding residential use of the project site, Policy NH -118 specifically
states: "In order to accommodate the optimum site plan for the marina and housing, the land use
district boundaries on the site shall be considered approximate and may be adjusted through the
master plan for the Planned Development District zoning;" and
WHEREAS, in February 2005, Thompson/Dorfman, project sponsor, submitted planning
applications to the City of San Rafael requesting approval of the Village at Loch Lomond Marina,
a planned, mixed-use development of marina uses, neighborhood commercial use buildings, 84
residential units and associated park and recreation improvements on a 29.7 -acre portion of the
131+ acre Loch Lomond Marina site located Point San Pedro Road and Loch Lomond Drive; and
WHEREAS, an application to amend the General Plan 2020 was filed concurrent with an
applications requesting a Rezoning, which would amend the PD -W/O District adopted for the
project site for the purpose of. a) approving a site Development Plan; and b) establishing
maximum site development commercial intensity and residential density limits. Other
accompanying planning applications include a Master Use Permit, Environmental and Design
Review Permit and Vesting Tentative Map. Consistent with the expectations of Neighborhood
Element Policy NH -118, the request to amend the General Plan was specific to adjusting the
Marine -Related, Neighborhood Commercial and Conservation land use designation boundaries
on the project site to best reflect the master plan (Development Plan) presented for site
development with the accompanying planning applications. The project, as amended proposes
boundary amendments that would increase the Neighborhood Commercial land use area to 10.8
acres in order to accommodate needed neighborhood commercial and residential use. Further, the
boundary adjustment would result in an increase in the Conservation land use area to 5.9 acres,
while reducing the Marine -Related land use area to approximately 13 acres; and
WHEREAS, upon a review of the subject applications, in February 2005 an Initial Study
was prepared consistent with the requirements of the City of San Rafael Environmental
Assessment Procedures Manual and the California Environmental Quality Act (CEQA)
Guidelines, finding that the proposed development had the potential to result in significant
environmental effects. Following the preparation of a Draft Environmental Impact Report
(DEIR) in February 2006, which was subject to a 60 -day public review period, a Final
Environmental Impact Report (FEIR) was prepared and published on January 26, 2007. The
FEIR consists of an edited Draft Environmental Impact Report volume (Volume 1), a Response
to Comments volume (Volume 4), appendices containing technical background studies (Volumes
2 and 3), and an FEIR Errata/Supplement (July 2007); and
WHEREAS, as a result of numerous public meetings with the Planning Commission,
Design Review Board and the Park & Recreation Commission, and in response to
recommendations from the DEIR, the project sponsor prepared a `Mitigated Plan,' which
reflected some changes to the general layout and distribution of land uses, a reduction in the
number of residential units (from 84 to 82 units total) and the deletion of dry dock boat storage
use for the marina use component. In April 2007, revised plans were submitted to reflect the
Mitigated Plan, which were amended again in July 2007 as a result of City Council review (July
16, 2007). The project, as amended reduced the number of total residential units to 81 and,
consistent with General Plan Policy NH -118 proposes to incorporate 16 dry dock boat storage
spaces in the marina day -use parking lot. The project, as amended is presented in the
architectural and civil engineering plans prepared by BAR Architect (plan Sheets A-1 through A-
61), The Gazzardo Partnership, Landscape Architects (plan Sheets L-1 through L.6-5) and
CSW/Stuber-Stroeh Engineering Group, Inc. (plan Sheets C-1 through C-13) dated August 6,
2007 and on file with the Department of Community Development. These plans include plan
Sheet EXHB3, presenting proposed adjustments to the General Plan land use designations for the
project, as amended, which is replicated in attached Exhibit A; and
WHEREAS, on September 15, 2006, in accord with California Government Code §
65352.3(a), a representative of the Department of Community Development met with
representatives of the Federated Indians of the Graton Rancheria to consult with such tribal
representatives concerning potential impacts to places, features, and objects described in § 5097.9
and 5097.993 of the California Public Resources Code which might occur as a result of the
proposed amendment to the land use map (Exhibit A).
WHEREAS, on April 24, 2007, the Planning Commission held a public hearing on the
proposed General Plan Amendment, accepting all public testimony and the written report of the
Department of Community Development. On May 8, 2007, the Planning Commission
recommended to the City Council approval of the proposed General Plan Amendment by
adopting Resolution No. 07-03; and
WHEREAS, the City Council has certified the Village at Loch Lomond Marina Final
Environmental Impact Report (FEIR) and approved a Mitigation Monitoring and Reporting
Program (MMRP) by adoption of a separate resolution; and
WHEREAS, on June 18, 2007 and July 16, 2007, the City Council held one public
hearing and one public meeting, accepting all oral and written public testimony and the written
report of the Department of Community Development.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the
proposed amendment to the land use map of the San Rafael General Plan 2020 Land Use
Element, as presented in attached Exhibit A based on the following findings:
The public interest would be served by the adoption of the proposed amendment to
adjust the Marine -Related, Neighborhood Commercial and Conservation land use
designation boundaries adopted for the Loch Lomond Marina site in that:
a. The adjusted boundaries would be consistent with the planned uses for this site
and would be compatible with surrounding land uses and the General Plan land
use designations of surrounding sites.
b. The adjusted boundaries would respond to and be consistent with Policy NH -118
by accommodating adequate land area for Marine -Related and Neighborhood
Commercial uses. The increase in land area designated for Neighborhood
Commercial use to 10.8 acres would promote optimum site planning for the
purpose of retaining needed marina support and neighborhood -serving
commercial uses, and would provide maximum opportunities for developing
housing on the project site to meet the City's housing goals set forth in the
Housing Element. While the boundary adjustment would decrease the amount of
upland land area designated for Marine -Related use to 13 acres, this change
would not impact or compromise the ability to maintain a full-service marina that
offers desirable and appropriate marina -support uses.
c. The adjusted boundaries proposed between the Neighborhood Commercial and
Conservation land use areas is logical and would respect and respond to existing
site conditions and environmental resources. The boundary adjustment would
appropriately re -designate the northeast portion of the project site from
Neighborhood Commercial to Conservation use, which is an area that contains
marsh and tidelands. The boundary adjustment would re -designate portions of
the existing Conservation area located in the eastern portion of the project site to
Neighborhood Commercial use, which is an area that consists of undeveloped
fill, largely containing non-native grasslands. This boundary adjustment
proposes to retain all of the large seasonal wetlands and tidelands in the eastern
and southeastern portion of the project site (Wetland Areas A, B and C) within
the Conservation designation, with the exception of one, small wetland (Wetland
Area E drainage channel) located at the western edge of this designated area.
The small wetland/drainage channel and the contiguous area of undeveloped fill
have been determined through review by two biologists, to be of limited
biological value and is not an area of significant visual or natural resource. As
required by provisions of the San Rafael Municipal Code, if preserved, this small
wetland can be protected through application of the City's Wetland Overlay
(WO) District. The resulting land area designated for Conservation land use
would be increased to 5.9 acres and would be appropriate as it contains the
portion of the project site that is most environmentally sensitive and is of natural
resource significance. The boundary adjustments between the Neighborhood
Commercial and Conservation land use areas would be wholly consistent with
Policy NH -118, which states, "the land use district boundaries on the site shall be
considered approximate and may be adjusted through the master plan," and
would acknowledge that the General Plan land use boundaries are intended to
present a general, rather than specific representation of site-specific conditions,
which can only be specifically defined as part of the site development review
process.
d. The FEIR prepared for this project determined that the environmental impacts
that resulted from the proposed land use map amendment are less -than -
significant with mitigation (Impact 3.1-2), which mitigation has been
incorporated into accompanying resolutions adopted for other planning
applications required for this project.
2. The proposed land use map amendment would be consistent with the relevant
provisions of General Plan 2020, including the Neighborhood Element Vision
Statement and Policy NH -118 in that it would promote re -use and redevelopment of
the site with retention of marina, marine -related and recreation uses, needed
neighborhood commercial uses, a mix of housing, and protection of the existing
marsh and wetland areas.
The foregoing Resolution No. 12331 was read and introduced at a regular meeting of the City
Council on the 6"' day of August 2007, and ordered for a second reading by the following vote to
wit:
AYES:
Councilmembers:
Cohen, Heller, Miller, Phillips and Mayor Boro
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
And will come up for a second reading and adoption at a regular meeting of the City Council to
be held on the 20th day of August 2007.
JE M. LEONCINI, City Clerk
Attachments:
EXHIBIT `A': Amendment to General Plan Land Use Map; revised July 2007
c:1ch1mnd.ccres(gpa)8-6-07
EXMIT A
AMENDMENT TO GENERAL PLAN 2020
LAND USE MAP
FOR LOCH LOMOND MARINA
(GPA 05-001)
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