HomeMy WebLinkAboutCC Resolution 7229 (Bayview Business Park)RESOLUTION NO. 7229
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING A PORTION OF APPEAL AND PARTIALLY UPHOLDING THE
PLANNING COMMISSION'S DECISION TO
CONDITIONALLY APPROVE USE AND DESIGN REVIEW PERMITS
FOR BAYVIEW BUSINESS PARK
FRANCISCO BOULEVARD EAST AT PELICAN WAY
(UP82-65[b] and ED85-54)
WHEREAS, as follow-up to the City's adoption of P -D
zoning, the applicant filed use and design review permit applications
for the Bayview Business Park office and light industrial development;
and
WHEREAS, on October 7, 1985, the applicant appealed
conditions (a)(3) and (a)(4) of the use permit and conditions
(o) and (p) of the design review permit pertaining to project
phasing and traffic mitigation fees; and
WHEREAS, in staff's review of the proposal, it was
concluded that circumstances have changed since adoption of
the P -D zoning which warrant modifications to initial phasing,
use permit and traffic mitigation fee requirements; and
WHEREAS, on October 1, 1985, the Planning Commission
reviewed the proposed use and design review permit applications.
Given the City's recent actions on other large development
projects in the East San Rafael area and a review of the available
traffic capacity to maintain acceptable levels of service,
the Planning Commission concluded that modifications to initial
phasing and traffic mitigation fee requirements are necessary.
The Planning Commission concluded that the City has an obligation
to properly assess the traffic situation as it presently stands.
NOW, THEREFORE, BE IT RESOLVED that the City Council
denies the appeal and upholds the Planning Commission decision
requiring conditions (a)(3) and (a)(4) of Use Permit 82-65(b)
based on the following findings:
(1) Approval of the use permit will not be detrimental
to the health and safety and general welfare
of surrounding properties or persons within
the East San Rafael area provided that conditions
approved by the Planning Commission are required.
Conditions for subsequent use permits and project
phasing are necessary to mitigate unavoidable
adverse traffic impacts. With the City's recent
approval of the Spinnaker on the Bay project,
there have been sufficient project approvals
to trigger Level of Service F conditions at
the critical Bellam intersections if all approved
projects were constructed prior to any major
traffic improvements. Level of Service D is
the Council's adopted Level of Service goal
for East San Rafael at buildout. Approval of
the Bayview project without the mandatory phasing
could result in unavoidable adverse traffic
impacts. Without the phasing as proposed, preparation
of an Environmental Impact Report and findings
of overriding consideration, consistent with
the California Environmental Quality Act, would
be required. Modifications to the phasing originally
approved in January 1984 when the P -D zoning
was adopted are justified given the changes
in traffic circumstances that have occurred
since initial adoption of the P -D zoning and
consistent with the City's present phasing requirements
for other large traffic -generating projects
in the East San Rafael area.
(2) The uses as proposed are consistent with the
draft East San Rafael Neighborhood Plan, dated
August 1985. The square footages, land use
distribution and trip allocation would be within
the recommended limits of the draft Plan.
BE IT FURTHER RESOLVED that the appeal of conditions
(o) and (p) of ED85-54 is hereby granted and that the Bayview
Business Park's traffic mitigation fee obligation is not to
exceed $350,000 (as adjusted by the Lee Saylor Index since
January 1984) per the January 1984 P -D zoning for the project.
Each of the seven buildings is obligated to pay 1/7 of the
total traffic mitigation fee for the project. The fee amounts
for Phase I buildings would be as follows:
(o) Prior to issuance of a building permit for building
B, the applicant shall pay to the City of San
Rafael traffic mitigation fees in the amount
of $50,000 as adjusted by the Lee Saylor Index
since January 1984.
(p) Prior to issuance of a building permit for building
C, the applicant shall pay to the City of San
Rafael traffic mitigation fees in the amount
of $50,000 as adjusted by the Lee Saylor Index
since January 1984.
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 Monday , the 18th day of November ,
1985, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brei ner, Frugol i , Nave, Russom & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA E M. LEONCINI,C\ ity Clerk