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HomeMy WebLinkAboutCC Resolution 8625 (St. Isabellas Affordable Senior Housing)RESOLUTION NO. 8 6.2 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, WAIVING THE PARKLAND DEDICATION FEE, AND CERTIFYING THE NEGATIVE DECLARATION FOR THE SMALL SUBDIVISION, USE PERMIT AND ENVIRONMENTAL AND DESIGN REVIEW, AND AMENDMENT OF THE ZONING MAP OF THE CITY OF SAN RAFAEL ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE CITY MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE TERRA LINDA AREA (RE: Z91-6 - 1 TRINITY WAY - ST. ISABELLAS, A 62 -UNIT AFFORDABLE SENIOR HOUSING PROJECT, AP 175-181-26) WHEREAS, on December 20, 1991, an application requesting the above referenced zone change, small subdivision, use permit and environmental and design review permit to allow a 62 unit affordable senior housing project was found by the Planning Department to be complete for processing; and, WHEREAS, upon review of the subject application in accordance with the requirements of the California Environmental Quality Act (CEQA), an environmental Initial Study was prepared by Planning staff; and, WHEREAS, it was concluded in the Initial Study that the proposed zone change, small subdivision, use permit and environmental and design review permit for a 62 unit affordable senior housing project did not have the potential for creating a significant impact on the environment; and, WHEREAS, on January 28, 1992, the San Rafael Planning Commission held a duly noticed Public Hearing on the proposed above-mentioned applications, accepted public testimony and the written report of the Planning Department staff, and voted 7 - 0 to approve said applications and recommend Council adoption of the Negative Declaration and zone change; and, WHEREAS, on February 18, 1992, the City of San Rafael City Council held a duly noticed Public Hearing on the Appeal of the Planning Commission decision filed by Meg Goldman and the Zone Change and Negative Declaration and accepted public testimony and the written report �b� of the Planning Department staff and directed the Planning Department to prepare responses to issues raised at the hearing; and WHEREAS, on March 2, 1992, the City of San Rafael City Council denied the appeal; and WHEREAS, the City Council determined that the proposed project is consistent with the General Plan land use designation of Low Density Residential in that General Plan Policies state that low and moderately priced senior housing may be developed on residentially flat sites, and that density bonuses above General Plan density ranges may be considered for senior projects located in any land use designation; and, WHEREAS, the City Council determined that a waiver from Parkland Dedication Fees is granted consistent with Chapter 15.38.070 (d) of San Rafael Ordinance No. 1558, which allows the applicant to request a waiver from the requirements of the Ordinance for those units to be built as below market rate (BMR) as defined by the General Plan and also determined that if at any time the units cease to be below market rate, the Parkland Dedication fee shall be imposed; and, WHEREAS, the City Council determined that the proposed project did not have the potential for creating a significant impact on the environment and therefore Certifies a Negative Declaration in accordance with the California Environmental Quality Act based on the following findings; 1. Approval of the Negative Declaration would be consistent with the provisions of CEQA in that an Initial Study has been prepared on the project which determined that there is no substantial evidence that the project will have a significant impact on the environment. Revisions have been made to the design and mitigation measures have been attached to the project which reduce the potential impacts to a level of insignificance. The proposed Negative Declaration has been considered in conjunction with comments received during the review period and at the public hearings. 2. The project description contained in the initial study is adequate in that it references the Subdivision, Use Permit, Zone Change, and Environmental and Design Review file numbers and describes the number and size of units, the scale of the building, and the number of parking spaces for the project. The brief examination of consistency with existing zoning, plans , and other applicable land use controls which is required is contained in question 8, Land Use, which discusses 2 consistency with the general plan. The fact that the initial study does not specifically refer in this section to the need for the rezoning does not invalidate the negative declaration as that fact has been known and considered by the public in its comments and the City Council in its determination of whether to adopt the negative declaration. 3. Adequate public notice of the proposed adoption of the negative declaration was given as required by law in that notice was provided twenty-one days prior to the Planning Commission hearing. The notice was published in the newspaper, posted on the site, mailed to all residents within 300 feet of the site, and mailed to all interested parties. The notice was also posted in the County Clerk's office prior to action by the City Council on the negative declaration. All commenters at the hearing had actual notice of the the Planning Commission and City Council consideration of the negative declaration, appeared and spoke at both hearings and submitted extensive written comments on the proposed negative declaration and the project. 4. No substantial evidence has been entered into the record at either the Planning Commission or City Council hearings that the project will have a substantial impact on the environment. Comments on potential environmental impacts have been unsubstantiated by any documentation or by testimony from experts. Public controversy unsupported by substantial evidence of environmental effects does not require an environmental impact report and speculative possibilities are not substantial evidence of environmental impact. Objections by several of the adjacent neighbors does not constitute a substantial body of opinion which considers the effect of the project to be adverse. Substantial support has also been voiced for the project and the adoption of the negative declaration. 5. The project will not have any impacts on traffic based on the traffic study prepared for the project which determined that only 12 peak hour trips will be generated by the project, a less than 1% increase. The study was reviewed by the Public Works Department. On-site circulation will be improved by the road realignment and stop signs. Traffic mitigation fees of $28,836 fund needed transportation improvements in the general area as outlined in the General Plan EIR. Parking demands are not effected as adequate on-site parking is provided based on the parking analysis done on senior projects for the draft zoning ordinance. 6. The project will not impact air quality in that trips are consistent with the General Plan. Trip allocations ensure that traffic levels of service are maintained at intersections and that air quality standards are not exceeded. No obnoxious odors are associated with the project. 7. The project will not create substantial flooding or impact groundwater. An engineered drainage plan has been prepared for the project. Public Works Department review of the plan insures that no additional runoff will impact adjacent properties. The project engineer has provided public testimony that adjacent neighbors will not be impacted. 8. The project will not have a significant impact on plants and wildlife as there are no identified endangered species in this area, the site is in an urban area and does not provide substantial habitat or act as a wildlife corridor. An arborist's report has been prepared which identified measures to protect significant trees which have been incorporated into the project. 9. The project will not result in increases in noise level or exposure of people to severe noise levels. The project complies with General Plan noise policies. A noise study has been prepared which identifies measures to insure that on-site noise levels are acceptable. These measures have been incorporated into the project conditions. 10. The project will not create light and glare problems as the lighting plan requires the approval of the Design Review Board and conditions require a 30 day review of light levels so that they can be adjusted. 11. The project will not effect scenic resources as the site is not identified in the Open Space plan as having visual significance. The City's extensive design review process has insured that the project scale and design is aesthetically pleasing and compatible with the neighborhood. Photo montages and project staking have been required and reviewed to further insure that the project's design will not have an impact. 12. The project will not result in a substantial alteration of the present or planned land use of the area. The project density is consistent with the General Plan and will not induce substantial growth or cause a concentration of population which has not been planned for. This type of senior project is contemplated and encouraged by the General Plan. The project as designed with substantial setbacks and one and two story elements is compatible with the surrounding low density neighborhood and the church. 13. The project will not have an impact on recreation resources in that the site has no current recreation use and adequate common open space is provided for the project. 14. Indirect and cumulative impacts have been considered in the initial study. Cumulative air quality and traffic impacts have been extensively evaluated in the General Plan EIR. The traffic impact of the project was evaluated in light of existing peak hour traffic on Freitas Parkway and found to increase traffic by less than 1%. Traffic mitigation fees of $28,836 fund needed transportation improvements in the general area. 15. The project will not create any economic or social changes which result in a physical change which has a significant effect on the environment. The project will improve the City's economic base by making available additional housing on what is currently a vacant site. Since the project has been designed to complement the surrounding neighborhood and will have minimum traffic impact, no significant physical effect will occur. 16. A mitigation monitoring program has been adopted to insure implementation of and compliance with all conditions required to mitigate any impact to a level of insignificance. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council finds there is no substantial evidence in the record showing that the project could have a significant effect on the environment and certifies the Negative Declaration for zone Change application Z91-6, use permit UP91- 53, Environmental and Design Review ED91-69, and small subdivision s91- 6; and, 4 BE IT FURTHER RESOLVED, that the San Rafael City Council waives the Parkland Dedication Fee for the project as the 62 units are below market rate (BMR) as defined by the General Plan with the provision that if at any time the units cease to be below market rate, the Parkland Dedication fee will be imposed. I, JEANNE M. LEONCEKI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on MONDAY , the 2ND day of MARCH , 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: B.reiner, Cohen, Shippey, Thayer & Mayor B.oro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCM, City Clerk 5