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.
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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
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