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HomeMy WebLinkAboutCC Resolution 7817 (Spinnaker Pt Unit 5)RESOLUTION 7817 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DEEMING THE SPINNAKER PT UNIT #5 DEVELOPMENT, A 48 UNIT RESIDENTIAL PROJECT 'EXEMPT' FROM THE DRAFT PRIORITY PROJECTS PROCEDURE IMPLEMENTING ADOPTED GENERAL PLAN 2000 POLICY C-7 AND PROGRAM C -b. WHEREAS, on July 18, 1988, the City Council certified an Environmental Impact Report and adopted the San Rafael General Plan 2000, and included in the adoption of the General Plan 2000 are circulation policy C-7 and program C -b which read as follows: C-7 Projects in a Circulation Impacted Area. Where there is limited circulation capacity for which projects are competing, projects which shall receive priority Citywide include projects providing significant amounts of affordable housing, high tax generating uses, or needed neighborhood serving uses. Additional high priority uses may be established for different areas of the City. In 1987, this policy applies to projects affecting the I- 580/101/Bellam, the Lucas Valley Road/Smith Ranch Road/101 and the Freitas Parkway/101 interchanges. A procedure shall be established for processing such applications in a timely fashion. Refer to Program C -b. For projects which the City grants priority based on revenue to the City by high tax generating uses, that priority status may be conditioned upon the City's commitment to allocate some of the tax revenue generated to funding of traffic improvements in the area of the limited circulation capacity. C -b Project Approval Procedure in Traffic Impacted Areas. Develop a procedure for approving projects consistent with City priorities where roadway capacity is limited, several projects are competing for capacity, and needed improvements will take significant time to construct. Neighborhood committees should be used to determine "needed neighborhood serving uses". WHEREAS, the City is in the process of implementing General Plan 2000 policy C-7 and program C -b by formulating for adoption the Prioritv Protects Procedure. This procedure establishes criteria for assessing and determining priority projects in traffic sensitive areas, for the purpose of determining how the remaining traffic capacity is to be allotted/distributed, and so as to maintain midpoint level of service 'D' traffic conditions; and WHEREAS, the draft Prioritv Protects Procedure as will be recommended by the Planning Commission identifies a list of development project types that are to be considered "exempt" from priority assessment, one of which "exemptions" reads as IGI�IAI 7117 follows: "Residential subdivisions that are a part of a previously authorized and presently valid Planned Development or similar zone, more than 75% constructed, and containing or providing in -lieu fees for a minimum of 10% of the units, affordable to low moderate income households;" and WHEREAS, the subject Spinnaker Point Unit #5 project consists of 48 residential townhouse units and is the fifth and last phase of a master planned development containing a total of 225 residential units with 79% of the units within the development constructed; and WHEREAS, the Planning Commission found the project to be consistent with the San Rafael General Plan 2000; and WHEREAS, the use permit, design review permit and tentative map applications were reviewed by the Planning Commission, and the Commission voted (4-0-3; Walz abstained, Cohen & Livingston absent) to certify a Negative Declaration and conditionally approve the applications, with the following condition (ff) for the design review permit ED86-112: (ff) Prior to issuance of building permits, the project shall be referred to the City Council for an exemption or a uriority uroiect determination, consistent with General Plan 2000 program C -b; and WHEREAS, the City Council reviewed the Planning Commission recommendation to 'exempt' this development from the draft Prioritv Protects Procedure concluding that such an exemption is reasonable and concurs with the Planning Commission findings of Resolution #88-19. NOW, THEREFORE BE IT RESOLVED that the City Council deems the Spinnaker Pt Unit #5 residential development project exempt from the draft Prioritv Protects Procedure, as currently under consideration and as will be recommended by the Planning Commission to implement General Plan 2000 circulation policy C- 7 and program C -b, based on the following findings: 1. The Spinnaker Point Unit #5 development is located within the East San Rafael neighborhood, a traffic sensitive area. Although the project is tributary to the critical Bellam intersections, the amount of additional traffic generated by this project and distributed through these intersections would not cause conditions to fall below the adopted mid -point level of Service 'D' standard, thus not 2 resulting in any short term or long term adverse traffic impacts. 2. As conditionally approved by the Planning Commission, the Spinnaker Point Unit #5 development project is consistent with the adopted General Plan 2000 medium density residential land use designation and other land use and circulation policies which directly affect the property and the general East San Rafael area. The granting of an "exemption" from the draft Prioritv Proiects Procedure (which has been prepared to implement adopted General Plan 2000 circulation policies and programs) would be consistent with the criteria established for approval of projects which qualify in the "exemption" category. The project is the last phase of a master planned development which is more than 75% constructed and occupied. Additionally, the existing public nuisance aspects of the unfinished development continue to adversely affect nearby properties and the neighborhood unless this last phase of the development is constructed and occupied. I, JEANNE M. LEONCINI, 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 Tuesday , the Sixth , day of September, 1988 , AYES: COUNCILMEMBERS::Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:: None J M. LEONCI , City Clerk 3