Loading...
HomeMy WebLinkAboutCC Resolution 7940 (29-33 Brookdale Avenue)RESOLUTION NO. 7940 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DENYING THE APPEAL OF ED88-92 AND UPHOLDING DECISIONS OF THE SAN RAFAEL PLANNING COMMISSION TO CERTIFY A NEGATIVE DECLARATION AND CONDITIONALLY APPROVE AN ADDITION OF FIVE UNITS (AMENDED FROM SEVEN NEW UNITS) TO AN EXISTING SINGLE FAMILY HOME AND DUPLEX, AND CONSOLIDATION OF TWO PARCELS 29-33 Brookdale Avenue WHEREAS, an application was submitted for seven new apartment units and a lot consolidation at 29-33 Brookdale Avenue; and WHEREAS, an environmental initial study was prepared consistent with the California Environmental Quality Act; and WHEREAS, the Planning Commission reviewed the proposed project at the regular meeting of February 28, 1989, received the planning staff recommendation and public testimony, and voted to adopt a Negative Declaration and approve the proposed 10 unit apartment project; and WHEREAS, the Negative Declaration and project approval was appealed to the City Council and the City Council heard the matter at a duly noticed public hearing on April 3, 1989. NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council upholds the Planning Commission's adoption of a Negative Declaration and approval of ED88-92 with revised conditions requiring the project to be amended from ten units to eight units by allowing two one -bedroom units (versus four studios) in the building facing Lincoln Avenue, based on the following findings: Negative Declaration (1) The amended eight unit project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a wildlife species, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history in that: (a) The site is currently partially developed and graded and surrounded by parcels that are completely developed, and adequate setbacks have been established to the top of the creek bank resulting in no disturbance of any natural condition; (b) There are no endangered or threatened animal or plant species located upon or using the site; and HAL (c) The proposed project is not located upon a site of any archaelogical or historical significance. (2) The proposed project as amended will not have environmental effects which will cause substantial adverse effects on humans either directly or indirectly in that all applicable Zoning Ordinance requirements have been met, General Plan policies adhered to, conditions will be applied to the project to mitigate noise conditions, and adequate public services including fire and police protection are available. Additionally, the City's Traffic Engineer has determined that the additional 43 trips per day added by five units is within the General Plan 2000 Level of Service standards. (1) The subject property is not suitable for the maximum density allowed by the General Plan in that General Plan Policy LU -10 states that maximum densities are not guaranteed, but must respond to the following factors: site resources and constraints, potentially hazardous conditions, traffic and access, adequacy of infrastructure, City design policies and development patterns and prevailing densities of adjacent developed areas. In this case, Brookdale Avenue is a substantial traffic and access constraint based on its narrow width and on-site parking only. Also, the majority of parcels in the neighborhood are developed at the low end of the density range with one or two units. (2) The proposed project, if developed with seven additional units, would have a specific, adverse impact upon the public health or safety in that Brookdale Avenue is a substandard, one-way street where parking is allowed on only one side and residential development at the high end of the allowable density range would create substantial additional traffic and parking congestion. There is no feasible method to satisfactorily mitigate or avoid this impact other than to disapprove the project or approve the project at a lower density. (3) The proposed project as amended is consistent with the General Plan land use designation of High Density Residential and the R-4 zoning district. The revised proposal is for an additional five units creating a total of eight units on 11,970 square feet or 16,695 gross square feet of land area. (4) The project as amended will not be detrimental to the health, safety, or general welfare of the surrounding neighborhood or the City of San Rafael as the proposal is seen as appropriate infill residential development. Adequate parking is provided and the design is compatible with surrounding residences. 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 i4ONDAY , the 3rd day of APRIL , 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli and Mayor Mulryan NOES: COUNCILMEMBERS: Boro and Thayer ABSENT: COUNCILMEMBERS: None JEA E�M. LEONCIN1\, City Clerk