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HomeMy WebLinkAboutCC Resolution 9606 (285 Smith Ranch Rd Use Permit)RESOLUTION 9606 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE TENTATIVE MAP (TS95-5), MASTER USE PERMIT (UP96-11), AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED95-84) FOR NINE CLUSTERED SINGLE-FAMILY RESIDENTIAL UNITS KNOWN AS SMITH RANCH COURT; 285 Smith Ranch Road; (APN 155-251-86) WHEREAS, on October 12, 1995, an application requesting an Environmental and Design Review Permit for the above referenced project was found by the Planning Department to be complete for processing; and, WHEREAS, on January 16, 1996, 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 April 9, 1996 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 May 6, 1996 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, 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 nine clustered 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 because the subdivision is proposed to be a Planned District and the City Subdivision Ordinance states that where a Planned District has been approved, the Planning Commission may make exceptions for the required 50 ft. lot width, 80 ft. lot depth and 5,000 sq. ft. minimum lot area requirements; 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 of Medium Density Residential 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, 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; 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, 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 there are special circumstances or conditions affecting the property because a large portion of the property is restricted by a wildlife corridor and a setback from the adjacent pond and development may not occur in these areas; and, WHEREAS, the City Council determined that the exception to minimum lot widths and sizes is necessary for the preservation and enjoyment of a substantial property right of the petitioner because the General Plan permits between 12 and 29 dwelling units on the property and the project is proposing 9 units which is less than permitted; and, WHEREAS, the City Council determined that the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity in which the s4M property is located because the subdivision has been reviewed by the appropriate City agencies and has been conditioned accordingly; 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: LU -9e, Medium Density Residential, LU -19, Design Approach, LU -21, Building Height, LU -30, Street Tree Planting, and LU -35, Project Design Considerations, C-1, Level of Service, Circulation Policy C-4, Trip Allocation, H-15, Future Development, 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, S-23, Safety Review of Development Projects, and Northgate Activity Center Policy NG -17, Smith Ranch Pond; 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 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 14.16.260, Noise Standards; 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-) 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 incorporated the recommended setbacks from the pond, inclusion of the wildlife corridor, regrading and revegetation to redirect drainage into the -3- pond and enhancement of the habitat around the pond as required by the EIR prepared for the previous medical office use and apartment project under development to the north and the project has been reviewed by the City's Design Review Board two times over a period of two months. Through these reviews the project design was modified to incorporate adequate usable guest parking, a small common amenity, a sense of entry for each unit and adequate separation between the units; 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, Use Permit and Environmental and Design Review Permit for nine clustered single family dwellings. The foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council meeting held on the 6th day of May, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips. and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -4- JEANNE M. LEONCINI, City Clerk