HomeMy WebLinkAboutCC Resolution 7943 (Highland Avenue)RESOLUTION NO. 7943
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
UPHOLDING AN APPEAL AND DENYING DECISIONS OF THE
SAN RAFAEL PLANNING COMMISSION TO
APPROVE A NEGATIVE DECLARATION AND TO
APPROVE s87 -10(a), A SMALL SUBDIVISION
OF THREE LOTS AT ONE HIGHLAND AVENUE
(AP 15-202-37)
WHEREAS, an application was submitted for a three lot
subdivision on 2.94 acres of land located at One Highland Avenue;
and
WHEREAS, an environmental initial study was prepared
consistent with the California Environmental Quality Act; and
WHEREAS, the Planning Commission reviewed and considered
public testimony and a staff report at a duly noticed public
meeting on February 28, 1989, and voted to certify the Negative
Declaration and approve the project; and
WHEREAS, an appeal of the Planning Commission certifying
the Negative Declaration and conditionally approving the project
was submitted by the Montecito Neighborhood Association on
March 29, 1989; and
WHEREAS, the City Council reviewed and considered the
appeal at a duly noticed public hearing on April 3, 1989.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of San Rafael hereby upholds the appeal of s87 -10(a),
denying the Planning Commission certification of a Negative
Declaration and conditional approval of s87 -10(a) based upon
the following findings:
(1) Approval of this subdivision would require granting
of exceptions to the City Subdivision Ordinance including
Section 15.32.050 (requiring street frontage for
Lot 1) and Section 15.12.050 (allowing approval of
access over a private right-of-way for each lot).
Granting of such exceptions is not appropriate in
this case in that development of Lots 2 and 3 would
be detrimental to the public welfare or injurious
to properties in the vicinity by creating an adverse
visual impact on the surrounding neighborhood given
the steep slope of the property and high visibility
from the local area. Also, the exception is not
necessary for the preservation and enjoyment of a
substantial property right of the petitioner in that
the site is presently developed with a single family
residence, detached garage and studio workroom, swimming
pool, and detached second dwelling unit.
(2) The project is not consistent with the intent of
General Policy LU -10 which states that maximum densities
are not guaranteed and residential development on
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RESOLUTION NO. 7943
any site shall respond to factors including 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 the site constraints limit development
potential of the property and distinguish the site
from the neighborhood. These constraints include
unusually steep slopes up to 50%, high neighborhood
visibility, and access via a driveway versus a public
street.
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 17th day of April
1989, by the following vote, to wit:
AYES: COUNCILMEMBERS : Boro, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : None
ABSTAINED: COUNCILMEMBERS: Breiner (Due to potential conflict of interest).
Tlg`N—M. LEONCINI, City Clerk