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HomeMy WebLinkAboutCC Resolution 9142 (Pool & Play Area; 213 Linden Lane)RESOLUTION NO. 914 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE FINAL SUBDIVISION MAP TO MODIFY THE BUILDING ENVELOPE AND A DESIGN REVIEW PERMIT TO ALLOW A POOL AND PLAY AREA IN THE REAR YARD; 213 Linden Lane; ED94-19/s94-3 WHEREAS, an application was submitted to the Planning Department for an amendment to the subdivision map and a design review permit to enlarge the building envelope to allow the construction of a pool and play area in the rear yard of 213 Linden Lane; and, WHEREAS, on May 6, 1991, the City Council approved the four -lot subdivision on Linden Lane and Newhall Drive with the condition that all areas of the site outside of the building envelopes shall be encumbered with a Conservation Easement, within which no development may occur except for the installation of access and utility/ drainage improvements; and, WHEREAS, a single -story house was built on the lot at 213 Linden Lane with a footprint covering the entire building envelope, leaving no room for a rear yard recreation area; and, WHEREAS, on March 9, 1994, the Design Review Board reviewed the proposal and recommended approval for the building envelope enlargement and the improvements proposed for the enlarged area; and, WHEREAS, on March 29, 1994, the Planning Commission of the City of San Rafael reviewed and considered public testimony and the staff report at a duly noticed public hearing on the project and recommended to the City Council approval of the Map Amendment and the Environmental and Design Review Permit to enlarge the building envelope to allow a pool and play area for the lot located at 213 Linden Lane; and WHEREAS, on May 2, 1994, the City Council of the City of San Rafael reviewed and considered public testimony and the staff report at a duly noticed public hearing on the project and voted to allow the enlargement of the building envelope for the construction of a pool and play area for the lot located at 213 Linden Lane. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby approves application number s94-3 allowing changes to the final subdivision map to modify the building envelope and ED94-19, allowing a pool and and play area in the rear yard based on the following findings: 1. The proposed building envelope enlargement and the landscape plan with a pool and play area is in accord with the General Plan, the objectives of the Zoning Ordinance, the objectives of the Subdivision Map Act, and the purposes of this chapter 2. The proposed building envelope enlargement and the landscape plan with a pool and play area is consistent with all applicable site, architecture, and landscaping design criteria and guidelines for the R10 zoning district and the conditions of the subdivision in that the uses will not encroach into the side yard setback and the outdoor uses are limited to space within the enlarged building envelope. 3. The proposed building envelope enlargement and landscape plan with a pool and play area minimizes adverse environmental impacts in that the landscape revegetation plan will restore the site and the building envelope extension is in an area that has been graded for the installation of utilities. 4. The proposed building envelope enlargement and landscape plan with a pool and play area will not be detrimental to the public health, safety, or general welfare, nor be materially injurious to properties or improvements in the vicinity in that adequate screening vegetation has been proposed to preserve the privacy of the neighboring properties and no large trees will be removed to create the pool site or hard -surface play area. -2- 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 held on Monday, the 2nd day of May, 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: COHEN, HELLER, THAYER, ZAPPETINI & MAYOR BORT NOS: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : NONE A. 0 ANNE M. LEONCINI, City Clerk -3- CONDMONS OF APPROVAL: 1. A copy of the grant deed and map shall be submitted to the Department of Public Works showing the revised conservation easement within 45 days after recordation with the County of Marin. 2. Installation of landscaping according to the approved plan shall be completed before occupancy of dwelling. The landscape plan shall include trees of all sizes, including several of 24 -inch box specimen size, as recommended by the Design Review Board. Prior to installation, this landscape plan shall be reviewed and approved by the Planning Department.