HomeMy WebLinkAboutResolution No. 6563 (Sirard Lane Appeal Sustained)RESOLUTION NO. 6563 ------
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
SUSTAINING APPEAL OF PLANNING COMMISSION
DECISION REGARDING A CERTIFICATE OF COMPLIANCE
FOR AP 10-011-35, A 2.31 ACRE PROPERTY AT THE
END OF SIRARD LANE
WHEREAS, William T. Murphy made application for a Cer-
tificate of Compliance to recognize the subject property a 2.31
acre parcel known as AP 10-011-35 and located at the end of Sirard
Lane and rescinding the recorded Notice of Violation; and
WHEREAS, the matter was heard by the San Rafael Planning
Commission on January 25, 1983, and March 29, 1983, and staff
reports prepared for both meetings are herein incorporated by
reference; and
WHEREAS, on March 29, 1983, the Planning Commission
M/S Hoffmann/Norman; 3-2 (Starkweather & Willms dissenting; Boro &
Galbraith absent) to approve a Certificate of Compliance with
extensive conditions; and
WHEREAS, the Planning Commission decision was appealed
to the City Council by Joseph Lemon, attorney for Dr. Hahn, a
resident of Sirard Lane; and
WHEREAS, on June 6, 1983, the City Council held a duly
noticed public hearing on the appeal; and
WHEREAS, the City Council considered public testimony,
reviewed an extensive staff report prepared for the item, and
reviewed all written correspondence from interested parties;
and
WHEREAS, the City Council concluded that the complexity
of the on-site drainage system and the inherent need for detailed
and proper maintenance create an unacceptable risk of failure of
the system, which in turn endangers the health and safety of the
downhill residents; and
WHEREAS, the City Council concluded that there was dis-
agreement of the various experts involved in the review of the
geotechnical and drainage aspects of the project and the failure
to reach a consensus on the part of these experts creates an
unacceptable risk to the public health and safety; and
ORIG1NAL - 1 -
RESOLUTION NO. 6563
WHEREAS, this disagreement is referred to in the letter
dated June 1, 1983, from Salem Rice, State Geologist, to the
Honorable Mayor and City Council herein incorporated by reference;
and
WHEREAS, pursuant to Government Code Section 66499.34:
"No local agency shall issue any permit or grant
any approval necessary to develop any real
property which has been divided, or which has
resulted from a division in violation •••
[of the Act] ••• if it finds that development
of such real property is contrary to the
public health or the public safety."
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City
Council sustain the appeal of the Planning Commission action of
March 29, 1983, and hereby denies a conditional certificate of
compliance for the subject property with the following findings:
1. Granting of a certificate of compliance or a con-
ditional certificate of compliance would result in development of
the site which would be contrary to the public health and safety.
The subject property is an unstable slope and construction of a
residence on the property would require massive amounts of slope
reconstruction, foundation work, and the continued maintenance of
extensive drainage systems on site. Failure to adequately maintain
drainage systems would result in slope instability which would
adversely effect the public health and safety.
2. There is expert controversy surrounding the
ability to safely develop the property. The City Council con-
cluded, after receiving all testimony and correspondence that
there are unresolved technical issues surrounding development of
the site and the risks to the public health and safety are,
therefore, unacceptable.
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RESOLUTION NO. 6563
BE IT FURTHER RESOLVED that the City Council has
adopted a resolution making the Code of Civil Procedure Section
1094.6, regarding judicial review of local agency quasi-judicial
action, applicable to San Rafael and the applicant for the cer-
tificate of compliance is hereby informed that the time within
which judicial review must be sought is governed by the Code of
Civil Procedure Section 1094.6.
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 20th day of ____ J~u~n~e~ ____ , 1983, by the
following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
26.1 A/17
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