HomeMy WebLinkAboutCC Resolution 8036 (Highland Ave.)RESOLUTION NO. 8036
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S
CONDITIONAL APPROVAL OF s89-7 AND ED89-57 AND
DENYING A TWO LOT SUBDIVISION
AND DESIGN REVIEW FOR TWO SINGLE FAMILY RESIDENCES
ON HIGHLAND AVENUE AT HUBBELL COURT
WHEREAS, a small subdivision application was submitted
for two lots on Highland Avenue at Hubbell Court consistent
with the Requirements by Slope of the City's Subdivision Ordinance
and Zoning Ordinance; and
WHEREAS, the Planning Commission reviewed the proposed
project at the regular meeting of July 25, 1989, received the
planning staff recommendation and public testimony and voted
to adopt a Negative Declaration and approve the proposed subdivision;
and
WHEREAS, the Negative Declaration and project approval
were appealed to the City Council, and the City Council heard
the matter at a duly noticed public hearing on August 21, 1989.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael
City Council hereby denies without prejudice and upholds the
appeal of the Planning Commission's adoption of a Negative
Declaration and approval of s89-7 and ED89-57, and determines
that an EIR is required to assess the potentially significant
impacts on the environment which could result from approval
of the project based on the following findings:
(1) The Negative Declaration is inadequate based on substantial
evidence provided at the Planning Commission hearing
from numerous area residents regarding soils stability,
hydrology and drainage. Testimony was presented
regarding soil creep, pavement cracks and drainage
problems. Consistent with submittal requirements,
a Level "C" soils report has been submitted. Based
on evidence provided at the Planning Commission hearing,
third party geotechnical review is required regarding
this soils report. This review can be facilitated
by the completion of an EIR focusing on soils stability,
hydrology and drainage.
(2) Consistency of the project has not been satisfactorily
demonstrated with General Plan Policy LU -10 which
states, in part, that ". . .residential development
shall respond to site resources, constraints and
potentially hazardous conditions". Construction
of an additional house on this property would intensify
the health and safety risks with regard to seismic
and slope stabiity and landslide concerns. An Environmental
Impact Report is necessary to determine the adequacy
of this site for development.
9, R161NA1 00011e
RESOLUTION NO. 8036
(3) Construction of an additional dwelling has the potential
to create increased soils erosion and slope instability
as a greater amount of grading is necessary and increased
amounts of impervious surfaces will be created by
the addition of an additional dwelling on this site.
(4) Consistency of the project has not been demonstrated
with General Plan Policy LU -34 which states that
residential projects should be designed to recognize
site constraints and resources by avoiding sensitive
areas such as steeply sloping/hazardous hillsides
and highly visible slopes. An EIR should be prepared
to evaluate the adequacy of this site and assess
the potential hazards created by construction on
this site.
(5) Proposed construction of an additional dwelling on
this site has created considerable public controversy.
This public concern combined with other site constraints
requires the need for environmental review of this
project.
(6) Granting this proposed subdivision is not necessary
for the preservation and enjoyment of a substantial
property right of the applicant in that one single
family house can be constructed on the property without
subdivision, use permit or environmental and design
review approval.
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 on MONDAY , the 18TH day of SEPTEMBER
1989, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer and Mayor
Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE . LEONCIN , City Clerk