HomeMy WebLinkAboutCC Resolution 8788 (California Tenfold Developments Appeal)RESOLUTION NO. 8 7 8 8
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING
WITHOUT PREJUDICE THE APPEAL OF THE PLANNING COMMISSION'S
DECISION DENYING A USE PERMIT AMENDMENT TO LEGALIZE EXISTING
UNAPPROVED DWELLING UNITS AND DIRECTING STAFF TO SCHEDULE AN
ABATEMENT HEARING AT THE COUNCIL MEETING ON JANUARY 19, 1993,
UNLESS THE APPLICANT HAS SUBM t l'hu A COMPLETE APPLICATION
WITHIN 60 DAYS; 822 "B" STREET; CALIFORNIA TENFOLD DEVELOPMENTS,
INC., JOE BOHANEC, OWNER; JOHN SHARP, ATTORNEY, REP.
(AP 11-262-15)
(UP81-11(b); 822 'B' STREET)
WHEREAS, application for an amendment to Use Permit, UP81-11(b), to legalize
existing unapproved dwelling units and a dental lab was submitted on May 6,1992;
and,
WHEREAS, upon review of the subject application it was determined that an
amendment to Environmental and Design Review Permit (ED81-19) was required
by the zoning ordinance; and,
WHEREAS, on August 11, 1992 the San Rafael Planning Commission reviewed and
considered public testimony and the staff report at a duly noticed Public Hearing on
the proposed use permit amendment application for the above mentioned project
and voted to deny the use permit amendment to legalize existing dwelling units
and a dental lab; and,
WHEREAS, John Sharp, representing California Tenfold Inc., Joe Bohanec,
President, appealed the Planning Commission's denial of the use permit
amendment and requested that the project be approved based on the appellant's
assertion that the project is consistent with the General Plan and Zoning Ordinance,
does not require an Environmental and Design Review Permit and is not
detrimental to the health, safety, peace, morals, comfort and general welfare of
persons in the neighborhood; and,
WHEREAS, on November 16, 1992, the City Council held a duly noticed Public
Hearing on the appeal, accepting public testimony and the written report of the
Planning Department staff; and,
WHEREAS, the Council determined that the project is not consistent with the
General Plan and therefore determined that the appeal on this issue was without
merit; and,
WHEREAS, the Council determined that the project required an amendment to the
Environmental and Design Review Permit and therefore determined that the
appeal on this issue was without merit, and,
WHEREAS, the Council determined that the project did have the potential for being
detrimental to the health, safety, peace, morals, comfort and general welfare of
persons in the neighborhood of the proposed use or be detrimental or injurious to
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property and improvements in the neighborhood or to the general welfare of the
City and therefore determined that the appeal on this issue was without merit.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council does hereby
deny the appeal without prejudice and and upholds the Planning Commission's
action to deny the use permit amendment to legalize existing dwelling units and a
dental lab, based upon the following findings:
1. The illegal uses would be detrimental to the health, safety, peace, morals,
comfort and general welfare of persons in the neighborhood of the illegal uses or be
detrimental or injurious to property and improvements in the neighborhood or to
the general welfare of the City. The layout of the illegal uses creates a maze of halls.
The main entrance to the dwelling units is through a hallway which leads to a
second hallway. This second hallway accesses one apartment, a small office and a
third hallway. The third hallway then provides access to two apartments and the
dental lab. The office location is not well identified and awkward with the entrance
off a secondary hall and the lack of windows. The dental lab is not an appropriate
use directly adjacent to residential apartments and could be potentially hazardous.
On-site recreational facilities or amenities for the existing legal apartments or the
three new illegal apartments has not been provided. Additional parking is not
provided. The creation of the units and the dental lab was done without the
required building permits and the quality of the construction is unknown and could
be detrimental to the health, safety, peace, morals, comfort and general welfare of
persons in the neighborhood.
2. The illegal uses are not consistent with the goals and policies of the General
Plan 2000, including Land Use Policies LU -15 (intensification of use) and LU -27 (on-
site recreational facilities) and, Housing Policy H-17 (quality affordable housing).
Land Use Policy LU -15 allows existing buildings that exceed the permitted FAR to be
redeveloped provided there is no intensification of the use. The illegal uses
generate a total of 3.64 trips where the previously approved large item retail use
generated 3.2 trips. The illegal dwelling units, dental lab and office intensify the use.
General Plan Land Use Policy LU -27 requires appropriate on-site recreational
facilities and outdoor recreation areas to be provided where appropriate. The
building is located in an urban area and outdoor areas are not appropriate in this
location; however, on-site recreational facilities are required and none have been
provided for the existing 8 dwelling units and nothing was added with the illegal
units. General Plan Housing Policy H-17 encourages quality affordable housing.
Building permits for the creation of the units were not obtained and the quality of
construction is unknown. The design and layout of the dwelling units was not
reviewed by the Design Review Board as no Environmental and Design Review
Permit application was submitted and they are not the quality of design of the eight
legal dwellings in the building.
3. The applicant has not submitted an Environmental and Design Review
amendment application. Section 14.11.020 of the San Rafael Zoning Ordinance lists
matters subject to Environmental and Design review and states that dwelling unit
additions to existing apartments are considered a Major Physical Improvement. The
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required application was not submitted and the illegal uses have not been reviewed
according to the applicable design standards established in the General Plan 2000
and to the applicable Criteria for Approval listed in Section 14.11.050 of the Zoning
Ordinance which was in effect at the time of the Planning Commission's action.
4. The illegal uses could have a significant impact upon the neighborhood, as
no new parking spaces have been provided for the uses. Section 14.13.100 of the
Parking Ordinance requires 1 space per each efficiency unit and 1 space per 1,000
square feet of office use. The three apartments require 3 parking spaces and the
office uses require 1.23 spaces for a total of 4.23 parking spaces.
NOW, THEREFORE, BE IT ALSO RESOLVED, that the San Rafael City Council does
hereby directed the applicant to complete an application for an Environmental and
Design review Permit amendment within 60 days (February 5, 1993), wherein the
Planning staff will determine if the application is complete. If this does not happen
within 60 days (February 5, 1993), the Planning Director will schedule the illegal uses
for abatement at the next City Council meeting after the 60 day period (February 16,
1993).
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 City Council of said City held on Monday,— the 7th
day of December , 191Z by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JE M. LEONdNI, City Clerk
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