HomeMy WebLinkAboutCC Resolution 8651 (Marin Ranch Airport Appeal)RESOLUTION NO. 8 6 51
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
TAKING FINAL ACTION ON THE APPEAL OF THE PLANNING
COMMISSION'S ACTION APPROVING AN EXTENSION TO THE MARIN
RANCH AIRPORT AND MODIFYING CONDITIONS NO. 10 AND 15;
UP74-6(g), APN 155-230-10, 11, 12, 13; M BIELSER, SHEKOU, ET AL,
PROPERTY OWNER; CAPITAL INVESTMENT RESOURCES,
REPRESENTATIVE
WHEREAS, the applicant filed an application for a use permit extension to
continue the existing property use which was described as an airport,
contractor's yards, grazing and related uses, and
WHEREAS, on November 20, 1991 the Planning Commission of the City of
San Rafael held a duly noticed meeting to consider the use permit extension
for the Marin Ranch Airport, and
WHEREAS, the Planning Commission received public testimony on this
item from the applicant and his attorney, adjacent residents, environmental
organizations, the attorney representing the storage container operation, and
other interested parties, and
WHEREAS, the Planning Commission heard specific testimony regarding
adverse impacts from sheep on the sensitive habitat, adverse impacts of the
illegal fill activity, and adverse impacts on the residential neighborhood from
the intensification of the contractors' uses and storage activities, and
WHEREAS, the Planning Commission determined that the fill placed on the
site since 1974 should be removed as no permits had been obtained, and
WHEREAS, the Planning Commission determined that sensitive habitats on
the site be fenced and revegetated as sheep grazing was damaging the habitat
of the endangered Clapper Rails, and
WHERAS, on November 20, 1991 the San Rafael Planning Commission
approved a one year extension of the use permit for the Marin Ranch Airport
subject to revised conditions which limit the non -aviation related uses, and
WHEREAS, on January 28, 1992, the Planning Commission adopted the
formal resolution setting forth its action, and
WHEREAS, the applicants appealed Conditions No. 8, 9, 10, 11, 12, 14, 15, and
20 to the City Council and requested that these conditions be modified, and
WHEREAS, on April 6, 1992 the City of San Rafael City Council held a duly
noticed public hearing and received public testimony on the requested
condition modifications, and
WHEREAS, on that date the City Council took action on Conditions No. 8, 9,
11, 12, 14, and 20 by separate resolution, directed staff to bring back additional
information related to Conditions No. 10 and No. 15, and continued the
appeal to April 20, 1992 for final action on these two conditions, and
WHEREAS, the City Council determined that an engineer could use air
photos and trenching to determine the topography of the site in 1974, and
A L ayes
WHEREAS, the City Council further determined that fencing was needed on
the inside of the levee to protect habitats and the appellant agreed to fence the
area with appropriate fencing.
NOW THEREFORE BE IT RESOLVED, that the San Rafael City Council
hereby modifies conditions No. 10 and No. 15 of the permit as outlined in
Exhibit A to the resolution.
The foregoing resolution was introduced at a regular meeting of the City
Council of the City of San Rafael on the 20th day of April, 1992 and adopted by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer &
Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEAJ�NE M. LEON I, City Clerk
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EXEIIBIT A
10. The fill placed in the area previously occupied by the landscape
and top soil contractor (Bauman) shall be removed and the area
restored to the contours existing on the site in 1974, with minor
changes subject to the approval of the Planning Director and
Public Works Director as necessary to maintain adequate drainage
of the site. The applicant shall enter into a contract with an
engineering firm approved by the City to determine the 1974
contours based on air photos and, if necessary, trenching. The
report shall be prepared to City specifications and is subject to City
review and approval. The Fire Department shall monitor the fill
removal and if deemed necessary, require additional hazardous
materials testing. The applicant must submit a grading plan for
the area to be restored showing existing and proposed contours for
the approval of the Planning Director and Public Works Director
and shall obtain a grading permit for such fill removal. All fill
must be removed by October 6, 1992. The site shall be hydroseeded
and protected by an erosion control plan within 30 days of fill
removal.
15. Sensitive habitat areas must be fenced and protected from grazing
activities. The applicant shall submit a fencing and revegetation
program within 90 days or by July 6, 1992 for approval by the
Planning Director. The plan must provide for fencing on the inside
of the top of the levees and for hydromulching with appropriate
native plants, such as baccharis and bunchgrass. Sturdy fencing,
such as a steel post and mesh fence, must be used. Approved
fencing must be installed or in use within six months, or by October
6, 1992 and maintained on an ongoing basis. Revegetation must be
completed within six months, or by October 6, 1992. The Planning
Director may grant an extension if Corps of Engineer permits are
required. The applicant shall enter into a contract with a biologist to
monitor the site at a six months and one year interval to insure
revegetation is successful. Any replacement of vegetation specified
by the biologist to insure success of the revegetation shall be done by
the applicant.
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