HomeMy WebLinkAboutCC Resolution 7952 (27 Brookdale Ave)RESOLUTION NO. 7952
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
DENYING THE APPEAL OF THE PLANNING COMMISSION'S
DENIAL OF UP88-61/ED88-49,
USE PERMIT TO ALLOW CONSTRUCTION ON SMALL LOT AND
DESIGN REVIEW FOR TWO NEW STUDIO UNITS AND
MODIFICATIONS TO EXISTING UNITS AT 27 BROOKDALE AVENUE
(AP 11-093-05)
WHEREAS, use permit and environmental and design
review applications were submitted for two new studio units
and modifications to existing four units at 27 Brookdale Avenue,
a small lot which does not conform to the minimum requirements
of the Zoning Ordinance (45 feet where 60 feet is required);
and
WHEREAS, the Planning Commission reviewed the proposed
project at the regular meeting of February 28, 1989, received
the planning staff report recommendation and public testimony,
and voted to deny said applications; and
WHEREAS, the project denial was appealed to the City
Council and the City Council heard the matter at a duly noticed
public meeting on April 17, 1989.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael
City Council hereby denies the appeal of the Planning Commission's
denial of UP88-61 and ED88-49 based on the following findings:
(1) 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. The City Council determined that development
of this project to the top end of the density range
is not appropriate, in that the project would create
a higher density on this parcel than on other parcels
of similar size in the neighborhood. Of the lots
that have been developed to the General Plan High
Density Range, most of them have been developed to
the low end of this density range.
(2) General Plan Policy LU -10 states that development
must respond to site resources and constraints.
The size and configuration of the subject lot presents
a significant constraint on development to the maximum
allowed density in that the subject parcel is substandard
as to width (45 feet where 60 feet is required) and
has a steep slope at the rear of the property. This
results in no additional usable yard area/open space
for the proposed additional two units.
(3) General Plan Policy LU -10 establishes adequacy of
infrastructure as a criteria to evaluate appropriate
residential densities. In this case, Brookdale Avenue
is a substandard, one-way street where parking is
N A 1 7146-Z
allowed on only one side. The cumulative impact
of development of all or the majority of parcels
on Brookdale Avenue at the high end of the permitted
density range would result in a substantial impact
and change in and to the character of the neighborhood,
exhibited by additional traffic and parking congestion.
(4) For all of the reasons specified above in paragraphs
(1) through (3), the City Council hereby finds and
determines that the proposed density increase at
27 Brookdale Avenue is inconsistent with General
Plan Land Use Policy 10.
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 First day of May
1989, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS. None
ABSENT: COUNCILMEMBERS• None
JELOE M. LEONCI City Clerk