Loading...
HomeMy WebLinkAboutCC Resolution 8179 (261 Union Street)RESOLUTION NO. 8179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF UP89-77/ED89-108 FOR A TWO UNIT APARTMENT BUILDING AT 261 UNION STREET WHEREAS, an application was submitted to the Planning Department for a two -unit apartment building at 261 Union Street; and WHEREAS, an Initial Study and Negative Declaration were prepared by staff which determined that the project would not create significant environmental impacts; and WHEREAS, the project was reviewed by the Design Review Board on October 23, 1989, and January 10, 1990, and the Board recommended approval of the project; and WHEREAS, the Planning Commission reviewed and approved the project on April 24, 1990; and WHEREAS, the Montecito Neighborhood Association appealed the Negative Declaration and project approval by the Planning Commission in a letter dated April 24, 1990, and the City Council heard the matter at a duly noticed public hearing on May 21, 1990. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby denies the appeal of the Planning Commission's determination on the Negative Declaration based on the following findings: 1. Potential impacts due to the movement of earth and change in the contour of land are not significant because the project plans propose contour grading to blend cuts and fills into the existing topography and to achieve a finish grade at 13% consistent with the grade of the property before development. 2. There will be no significant loss of plant life because the project site is in a highly developed urban area with little or no significant plant life. The project proposes the removal of three fruit trees and a small amount of grass and the replacement of all lost plant life with new landscaping. 3. The project will not result in significant noise impacts because construction hours will be limited to the period of 8:00 A. M. to 5:00 P. M. on Mondays through Fridays with no weekend construction allowed. After completion, the two residential units will not generate significant noise impacts inconsistent with the residential use of surrounding properties. I 0RIGINAI Pi i9 4. The project will not have growth inducing impacts because it will not increase infrastructure capacity or provide other inducements for additional growth. 5. The project will not have a negative effect on transportation or circulation patterns because it provides four on-site parking spaces adequate to service the two two-bedroom unit apartments. Further, the project will provide adequate on-site vehicular turnaround thereby not contributing to on -street congestion. The project will pay a traffic mitigation fee to fund circulation improvements. The adjacent street operates at level of service A; the additional trips generated by this project will not change service levels. 6. The project will not increase risks and hazards to nearby residents in that on-site parking is provided, required building setbacks will be met and on-site vehicular maneuvering space has been provided. No evidence indicating that the project would create increased risks or hazards to nearby residents has been presented. 7. The project will not have an adverse impact on utilities servicing the neighborhood. Water pressure and sewer capacity in the area are adequate to service the project without impacting other properties. BE IT FURTHER RESOLVED that the San Rafael City Council hereby denies the appeal of the Planning Commission's approval of UP89-77/ED89-108 based on the following findings: 1. The size of the duplex is not too large for the existing substandard lot. Facts supporting this finding are that the project is consistent with all of the development standards in the San Rafael Zoning Ordinance and the proposed lot coverage for the project is 33% where 60% is allowed. 2. The need for a transition zone between the R-1 and R-3 district asserted by the Montecito Neighborhood Association has been substantially satisfied. The project provides a substantial buffer between itself and existing homes on Ridge Avenue and Jewell Street. The closest affected residence is located 50 feet away from the project at an elevation 5 - 10 feet higher than the project site. 3. The height of the proposed apartment building is consistent with the height of buildings in the immediate area. The proposed structure would be 23 feet high which is not substantially different from adjacent and nearby buildings. 2 4. The proposed project provides adequate yard space for the new apartments and the existing on-site residence. The proposed apartments will have 295 square feet of private amenity area consisting of two decks and a patio. The existing front unit on the property will have a 216 square foot patio. These private amenity spaces exceed the City standard of 100 square feet of usable yard area per unit. 5. Approval of this project would not allow higher densities than permitted for nearby and adjacent residences. Exhibit F of the Planning Commission staff report dated April 24, 1990, is an inventory of parcel densities in the surrounding neighborhood. This inventory identifies the mix of densities along Union Street including single family residences, duplexes, triplexes and apartment buildings of up to seven units. The density of the project at 13 units per acre is consistent with the planned density in the neighborhood of 15 to 32 units per acre. 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 4th day of June 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Shippey & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Breiner (Due to absence from meeting of 5/21/90) JEANNE . LEONCINCI, ity Cler. BY: �-� R SE LOLA SNIFF N, Dei y City Clerk 01 0I-54