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HomeMy WebLinkAboutCC Resolution 9445 (Montevideo Terrace Subdivision)RESOLUTION NO . 9 4 4 5 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE MASTER ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND THE FINAL MAP FOR THE MONTEVIDEO TERRACE (OAKVIEW) SUBDIVISION, 70 SKYVIEW TERRACE (AP No. 165-010-54) WHEREAS, on December 13, 1994, applications requesting a General Plan Amendment, Zone Change, Tentative Map, Master Use Permit and Master Environmental and Design Review Permit for the above referenced project were considered by the Planning Commission at a duly noticed public hearing and the Planning Commission recommended approval to the City Council; and, WHEREAS, on January 17, 1995 the City Council adopted the negative declaration and approved the General Plan Amendment, Zone Change, Tentative Map Master Use Permit and Master Environmental and Design Review Permit for the project; and, WHEREAS, an Environmental and Design Review Permit for the development of the residential units for the project was reviewed and approved by the Planning Commission on July 7, 1995; and, WHEREAS, an application was submitted for a Final Map and the Planning Department and Public Works Department have recommended that the Map is in substantial compliance with the Tentative Map and conditions of approval; and, WHEREAS, an application has been submitted to amend the Master Environmental and Design Review Permit (ED94-14) to accommodate minor modifications made to the site development standards which are necessary to accommodate the approved designs for the residences; and, WHEREAS, a Negative Declaration was prepared and certified for the original project and the minor amendment to the Master Environmental and Design Review Permit does not alter the original project approval and approval of a Final Map is a ministerial act under the California Environmental Quality Act and therefore requires no additional environmental review; and, WHEREAS, the proposed changes have been reviewed and recommended for approval by the Design Review Board; and, WHEREAS, on August 15, 1995 the San Rafael Planning Commission held a duly noticed Public Hearing on the proposed Final Map and amendment to the Master Environmental and Design Review Permit applications, accepting public testimony and the written report of the Planning Department and recommended approval of the project to the City Council; and, ORIGINAL oxF WHEREAS, the City Council determined that the Final Subdivision Map is in substantial compliance with the Tentative Map and all conditions imposed thereupon as the final map has been reviewed by the appropriate City Departments; and, WHEREAS, the City Council determined that the improvement plans for The Montevideo Terrace (Oakview School Site) Subdivision have been reviewed and approved by the Public Works Department. All conditions of approval relating to Subdivision improvements have been met or will be met through construction of the project; and, WHEREAS, the City Council determined that the project design is in accord with the General Plan, the objectives of the Zoning Ordinance, and the Planned District because the amendment to the Master Design Review Permit does not modify the approved design of the project; 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 recommendation for Lot 6 is incorporated into the project design through the amendment to the Master Plan; and, WHEREAS, the City Council determined that the project design minimizes adverse environmental impacts because the amendment to the Master Design Review Permit does not modify the approved design of the project; 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 amendment to the Master Design Review Permit does not modify the approved design of the project. 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 Final Map and amendment to the Master Environmental and Design Review Permit for the Montevideo Terrace (Oakview School Site) Subdivision at 70 Skyview Terrace. The foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 5th day of September, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips., Zappe.ti,ni_ & Mayor Bori NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None -2- v' Jeanne M. Leoncini, City Clerk