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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, -z- 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, -3- 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 b1l) JEAN ILEON&NI, City Clerk -5-