HomeMy WebLinkAboutCC Resolution 9661 (1499 Lucas Valley Use Permit)RESOLUTION 9661
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
THE MASTER USE PERMIT (UP96-29) AND ENVIRONMENTAL
AND DESIGN REVIEW PERMIT (ED96-48) FOR A SINGLE-FAMILY
RESIDENTIAL ESTATE; 1499 Lucas Valley Road;
(APN 165-010-89)
WHEREAS, on June 14, 1996, applications requesting a Master Use Permit and an
Environmental and Design Review Permit for the above referenced project were found by the
Planning Department to be complete for processing; and,
WHEREAS, on July 23, 1996 the San Rafael Planning Commission held a duly noticed Public
Hearing on the proposed 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 August 5, 1996 the San Rafael City Council held a duly noticed Public Hearing
on the proposed 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,
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
a Single -Family Residential Estate; 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 is consistent with the following General Plan Policies: LU -9a, Hillside
Resource Residential, LU -19, Design Approach, LU -21, Building Height, LU -22, Bay and
Hillside Views, LU -29, Tree Preservation, LU34, Residential Site Design, LU -35, Project Design
Considerations, LU -36, Additional Community Design Map Considerations, C-1, Level of
Service, Circulation Policy C-4, Trip Allocation, C-18 Area Transportation Improvement
Programs, S-3, Use of Hazard Maps in Development Review, S-4, Geologic Review, S-5, Soils
and Geologic Review, S-11, Seismic Safety of New Buildings, S-21, Fire Safety of New
Development, and S-23, Safety Review of Development Projects; 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
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because the site is designated for residential uses in the General Plan and the project has been
reviewed by the appropriate City agencies and conditioned accordingly; and,
WHEREAS, the City Council determined that the proposed use complies with each applicable
provision of the Zoning Ordinance including: Chapter 7, Planned District Development; Section
14.16.170, Geotechnical Review; Section 14.16.350 Trip Allocations; Chapter 18, Parking; and,
Chapter 25, Environmental and Design Review Permits; 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 General Plan Policies relating to
design (LU --19, 21, 22, 29, 34, 25 and 36) and 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 and their
recommendations have been incorporated into the project through project revisions or conditions
of approval; and,
WHEREAS, the City Council determined that the project design minimizes adverse
environmental impacts because the project has minimized grading, retained mature trees and
retained much of the site in its natural state and the project has been reviewed by the City's
Design Review Board two times over a one month period. Through these reviews the project
design was modified to enhance the covered arena adjacent to Lucas Valley Road and
incorporated a lighting plan that will have minimal impacts on the adjacent roadway and
properties; 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 Master Use Permit and Environmental and
Design Review Permit for a Single -Family Residential Estate.
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The foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the San Rafael City Council meeting held on the 5`h day of August, 1996, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
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JEAN M. LEONCINI,�iry Clerk