HomeMy WebLinkAboutCC Resolution 9377 (Denying PC Appeal - 1 Trinity Way)RESOLUTION NO. 937
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RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING THE
APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN
ENVIRONMENTAL AND DESIGN REVIEW AMENDMENT FOR A 62 -
UNIT AFFORDABLE SENIOR HOUSING PROJECT
1 Trinity Way, APN 175-181-26
WHEREAS, a zone change, use permit, environmental and design review
permit, subdivision and trip permit were approved for a 62 -unit affordable
housing project (St. Isabella) were approved on February 7, 1994 by the City
Council; and
WHEREAS, on March 22, 1995, the project representative applied for an
amendment to the approved environmental and design review permit to
allow minor changes to the exterior of the building; and
WHEREAS, on March 7 and March 21, 1995 the proposed design changes
were reviewed by the Design Review Board and the Board made a
recommendation that the proposal was consistent with the context of the
surrounding neighborhood and with General Plan Policies LU -19, LU -34 and
RES -1; and,
WHEREAS, on March 28, 1995, the San Rafael Planning Commission held a
duly noticed Public Hearing on the proposed Environmental and Design
Review Permit amendment accepting public testimony and the written report
of the Planning Department staff and determined that a Notice of Exemption
pursuant to CEQA Section 15601 (b) (3) was appropriate .and voted to approve
the proposal; and,
WHEREAS, LaFayette Noah of 96 Elena Circle appealed the Planning
Commission's approval of the environmental and Design Review Permit
amendment and requested that the approval be denied based on the
following reasons quoted and listed as Points 1 through 4 below:
Point 1:
The appellant believes that the design changes "cheapened" the appearance of
the project from "village look" to "apartment appearance" and that the
project now does not fit in with the rest of Terra Linda. The appellant also
states that the it took at least seven DRB meetings for this building to fit in
the neighborhood. The appellant also believes that the Design Review Board
did not like the changes, but did not say so.
Point 2:
The appellant believes that changing the rear patio fences from stucco to
wood was not a good idea as the wood fence will deteriorate faster.
Point #4 - The project has planned for food, but has no finished kitchen.
The portion of the appeal relating to Point 4 is denied. The City Council finds
that the project has been designed as housing for independent elders, and no
plans for residential care or board and care were included in the original
approvals. In order for the the project to be classified as a licensed residential
care facility, an additional use permit would be required. Conditions of
approval On February 7, 1994 stated that this use permit would have to be
granted by the Planning Commission.
BE IT FURTHER RESOLVED, that the City Council denies the appeal and readopts
the following findings:
1. The proposed design changes are consistent with the General Plan 2000
land use designation of Low Density Residential and with the goals and
policies of the General Plan including Policy LU -34, LU -19 and RES -1, and in
conjunction with the findings adopted by the City Council on February 7, 1994
for applications z91-6, UP91-53, ED91-69, s91-9, T93-1 and GPA93-2.
2. The Environmental and Design Review amendment is consistent with all
applicable site, architecture and landscaping design criteria and guidelines for
the adopted PD 1659 zoning district.
3. The project design changes minimize adverse environmental impacts in
that the project revisions are consistent with the surrounding neighborhood
in terms of scale and design. Design techniques have been applied to the
project that allow the building to be consistent with the original approvals.
Based on this analysis, the project will not be detrimental to the public health,
safety or welfare nor materially injurious to properties or improvements in
the vicinity.
4. It can be seen with certainty that there is no possibility that the proposed
project may have a significant effect on the environment. The proposed
revisions involve only minor design changes which are within the scope of
prior environmental review for the project. The City Council therefore finds
that an exemption pursuant to CEQA Section 15061 (b) (3) is appropriate for
the project and hereby adopts such an exemption.
5. The City Council directs staff to prepare, file and post a Notice of
Exemption pursuant to CEQA Section 15062 reflecting finding No. 4 above.
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 Council of said City on Monday, the Fifth day of June,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini &
Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JEANNE M. LEONCINI, City Clerk
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