HomeMy WebLinkAboutCC Resolution 7691 (42 Sea Way)RESOLUTION NO. 7691
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL
OF A SECOND DWELLING UNIT
IN EXISTING SINGLE FAMILY RESIDENCE AT 42 SEA WAY
WHEREAS, the Planning Commission's January 12, 1988
approval of UP87-47 for a second dwelling unit at 42 Sea Way
was appealed to the City Council on January 14, 1988, by John
W. Rosenberg representing the Marina Vista Improvement Club;
and
WHEREAS, the City Clerk duly set February 16, 1988,
at 8:00 p.m. as a public hearing for the City Council to hear
such appeal; and
WHEREAS, the City Council on February 16, 1988, conducted
the duly noticed public hearing and considered all testimony,
correspondence and staff reports pertaining to the matter,
including:
(1) City Council staff report dated February 8, 1988,
with following attachments:
(a) February 2, 1988 letter from Margaret McAvoy
to City Clerk Jeanne M. Leoncini
(b) January 14, 1988 letter from John W. Rosenberg
to San Rafael City Clerk
(c) January 8, 1988 petition to Planning Commission
submitted by Jack F. Carreiro, Jr., President
of Marina Vista Improvement Club
(d) January 7, 1988 memo from Assistant Planner
Bill Tuikka to Planning Commission
(e) January 4, 1988 memo from City Attorney Gary
T. Ragghianti to Planning Director Anne Moore
(f) Sheets 1, 2 and 3 of 3 staff report graphics
dated December 4, 1987
(g) December 18, 1987 letter from Margaret McAvoy
to Residents of Marina Vista
(h) December 8, 1987 letter to Planning Commission
from Jack F. Carreiro, Jr.
(i) December 14, 1987 letter to Planning Commission
from Jack F. Carreiro, Jr.
(j) December 15, 1987 letter to Planning Commission
from Robert and Jean De Saussure of 30 Sea Way
(k) December 15, 1987 letter to Planning Commission
from Michael (Joe) and Janet Abel of 54 Sea
Way
(1) December 4, 1987 staff report to Planning Commission
�GINA 6�71
(m) City Clerk's Notice of City Council Public Hearing
regarding appeal of use permit UP87-47
(2) December 14, 1987 letter to City Clerk Jeanne M.
Leoncini from Margaret McAvoy
(3) Testimony at the December 16, 1987 City Council public
hearing from:
(a) John W. Rosenberg, appellant
(b) City Attorney Gary T. Ragghianti
NOW, THEREFORE, BE IT RESOLVED that the City Council
does hereby deny the appeal and does hereby uphold the Planning
Commission approval of UP87-47 for a second dwelling unit at
42 Sea Way with the following findings:
(a) The proposed second dwelling unit at 42 Sea Way meets
or exceeds all requirements of the City of San Rafael
Second Dwelling Unit Ordinance (Section 14.16.025
of the Zoning Ordinance) in that
(1) No more than one second dwelling unit would
exist, on the site.
(2) The property owner would occupy one of the units.
(3) The proposed dwelling unit would comply with
all Housing and Uniform Building Code requirements
in that a building permit must be secured from
inspections made by and occupancy authorized
by the San Rafael Public Works Department.
(4) The new second dwelling unit would be wholly
contained within the existing building.
(5) The new second dwelling unit would cause no
changes to the existing setbacks, coverage and
building height of the existing residence.
(6) The square footage of the second dwelling unit
would be 718 square feet, 272% of the total
square footage of the existing residence, well
under the 40% maximum allowed.
(7) Adequate off-street parking would be provided
in that two spaces would be available for the
second dwelling unit and two spaces for the
primary dwelling unit, exceeding the requirement
for three on-site spaces.
(8) The second dwelling unit would exist for the
purpose of rental or lease.
(9) The use permit would be recorded with the County
of Marin prior to issuance of any building or
occupancy permits.
(b) The appellant has not provided any evidence that
establishment, maintenance or operation of the second
dwelling unit at 42 Sea Way would be detrimental
to the health, safety, peace, morals, comfort and
general welfare of persons in the neighborhood or
be detrimental or injurious to property and improvements
in the neighborhood or to the general welfare of
the City; the five points of appellant's attorney
John W. Rosenberg's January 14, 1988 appeal did not
constitute such evidence in that:
(1) No evidence of significant detrimental effects
on traffic, parking, noise or property values
was supplied by appellant.
(2) The City of San Rafael is not party to any restrictions
governing the ownership and occupancy of property,
including the subject property at 42 Sea Way,
in the Marina Vista subdivision.
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 7th day of March ,
1988, by the following vote, to wit:
AYES: COUNCILMEMBERS : Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : Boro
ABSTAINED: COUNCILMEMBERS: Frugoli
JE E M. LEON�,Citylerk