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.
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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
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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.