HomeMy WebLinkAboutCC Resolution 9880 (70 Skyview Terrace)RESOLUTION 9 8 8 0 -
RESOLUTION
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
THE TENTATIVE MAP (TS97-2), MASTER USE PERMIT (UP96-57),
AND ENVIRONMENTAL AND DESIGN REVIEW PERMITS (ED96-
140 and ED97-7) FOR FOUR SINGLE-FAMILY RESIDENTIAL UNITS
AND A PERMANENT BUILDING FOR NON-PROFIT USE KNOWN
AS MONTEVIDEO TERRACE; 70 Skyview Terrace;
(APN 165-230-22)
WHEREAS, on December 19, 1996, an application requesting an Environmental and Design
Review Permit and Master Use Permit Amendment for the above referenced project was found
by the Planning Department to be complete for processing; and,
WHEREAS, on February 28, 1997, an application requesting an Environmental and Design
Review Permit for a permanent building for non-profit uses for the above referenced project was
found by the Planning Department to be complete for processing; and,
WHEREAS, on April 24, 1997, an application requesting a Tentative Subdivision for the above
referenced project was found by the Planning Department to be complete for processing; and,
WHEREAS, on June 10, 1997 the San Rafael Planning Commission held a duly noticed Public
Hearing on the proposed Tentative Map, Use Permit and Design Review Permit applications,
accepting public testimony and the written report of the Planning Department staff and
recommended approval of the project to the City Council; and,
WHEREAS, on July 7, 1997 the San Rafael City Council held a duly noticed Public Hearing on
the proposed Tentative Map, Use Permit and Environmental and Design Review Permit
applications, accepting public testimony and the written report of the Planning Department; and,
WHEREAS, the City Council reviewed and considered the proposed environmental document,
public testimony and staff reports and has adopted by separate resolution the Mitigated Negative
Declaration, including the Mitigation Monitoring Program for the project; and,
P, I P 1 4 "A I Asoo"
WHEREAS, the City Council reviewed and considered public testimony and the staff reports on
the Zone Change and has passed an Ordinance to print designating the site as Planned District for
four new residential dwellings; and
WHEREAS, the City Council determined that the subdivision map complies with the
requirements of the Subdivision Map Act and the City of San Rafael Subdivision Ordinance in
that all parcels meet the minimum lot area and maintain street frontage; and,
WHEREAS, the City Council determined that as conditioned, approval of the proposed
subdivision would be consistent with applicable General Plan Policies, consistent with the open
space plan and consistent with the Land Use Designation in that the proposed parcels are of a
sufficient size to accommodate the uses permitted in the General Plan, and the site is not part of
the open space plan; and,
WHEREAS, the City Council determined the design or improvements of the proposed
subdivision are consistent with applicable General Plan Policies in that the proposed parcels and
street and utility improvements have been designed considering safety and capacity requirements
and have been reviewed and conditioned by the Fire and Public Works Departments accordingly;
and,
WHEREAS, the City Council determined that approval of the proposed subdivision would not
be detrimental to the health, safety or welfare of the surrounding development in that the
potential environmental impacts have been assessed and mitigated through project design and
recommended conditions of approval; and,
WHEREAS, the City Council determined that based on the review by the Design Review Board
and the information contained in the Negative Declaration and the staff report, the site is
physically suited for the proposed type and intensity of development; and,
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WHEREAS, the City Council determined that based on the information contained in the
Negative Declaration and staff report, the design of proposed improvements are not likely to
cause substantial environmental damage, or substantially and avoidably injure fish, wildlife or
their habitats or cause serious public health problems; and,
WHEREAS, the City Council determined that the design of the subdivision provides, to the
extent feasible based on balancing the need to create a design compatible with the neighborhood
and with solar energy needs, for future passive or natural heating or cooling opportunities as
there is adequate area on each lot for future natural heating or cooling opportunities; and,
WHEREAS, the City Council determined that the proposed use is in accord with the General
Plan, the objectives of the Zoning Ordinance, and the purpose of the district in which it is located
because the project, as conditioned, is consistent with the goals and policies of the General Plan
2000 including Policies: Land Use Policies LU -9, Residential Land Use Categories; Circulation
Policies C-4, and Trip Allocations, C-18, Area Transportation Improvement Programs; Housing
Policy H-15; Recreation Policies R-4 New Development; Safety Policies S-1, Location of Future
Development, S-3, Use of Hazard Maps in Development Review, S-4, Geotechnical Review, S-
5, Soils and Geologic Review, S-11, Seismic Safety of New Buildings. S-18, Erosion, S-20,
Maintenance and Landscaping for Fire Safety, S-21, Fire Safety of New Development, S-22,
New Development in Fire Hazard Areas, S-23, Safety review of Development, and S-24, Access
for Emergency Vehicles; and,
WHEREAS, the City Council determined that the proposed use together with the conditions
applicable thereto, will not be detrimental to the public health, safety, or welfare or materially
injurious to properties or improvements in the vicinity, or to the general welfare of the City
because the non-profit uses have been in operation at the site since 1977 and the residential uses
are consistent with the surrounding development; and,
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WHEREAS, the City Council determined that the proposed use complies with each applicable
provision of the Zoning Ordinance including Section 14,02.020J, Multiple Applications;
14.18.040, Parking Requirements; and, 14.25.050, Review Criteria; and,
WHEREAS, the City Council determined that the project is designed in accord with the General
Plan and the objectives of the Zoning Ordinance including the Review Criteria for Design
Review Permits contained in Section 14.25.050 of the Zoning Ordinance; and,
WHEREAS, the City Council determined that the project design is consistent with all applicable
site, architecture, and landscaping design criteria and guidelines for the district in which the site
is located because the project has been reviewed by the Design Review Board for consistency
with the design criteria contained in the Master Plan and the design criteria contained in the
zoning ordinance and their recommendations have been incorporated into the project design
through project revisions; and,
WHEREAS, the City Council determined that the project design minimizes adverse
environmental impacts because the project has been reviewed by the City's Design Review Board
at two meetings over a four month period. Through these reviews the residential lots have been
modified and the location of the permanent non-profit building has been revised to address
neighborhood concerns and to insure compatibility with the neighborhood, Master Plan design
criteria and the design criteria contained in the zoning ordinance; and,
WHEREAS, the City Council determined that the project design will not be detrimental to the
public health, safety or welfare, nor materially injurious to properties or improvements in the
vicinity because the project has been reviewed by the appropriate City agencies and has been
modified through design changes or conditions of approval.
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 detrimental
impact upon the neighborhood and approves the Tentative Map, Master Use Permit Amendment
and Environmental and Design Review Permits for Lot 21 of the Montevideo Terrace
Subdivision at 70 Skyview Terrace.
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 City
Council of said City held on Mondav the 7`h day of JILIL, 1997 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JEAN ILEON&NI, City Clerk
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