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
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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
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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
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JEANNE M. LEONCINI, City Clerk