HomeMy WebLinkAboutResolution No. 5611RESOLUTION NO 5611
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND
MODIFYING THE TENTATIVE MAP OF THE OAKWOOD SUBDIVISION TO DELETE ALL
RIDGELINE LOTS AND ADD ONE ADDITIONAL LOT
WHEREAS, the applicant herein has submitted for consideration a
tentative map for the proposed Oakwood Subdivision; and,
WHEREAS, upon its consideration and review, the Planning Commission
of San Rafael, approved the proposed tentative map, subject to numerous
conditions set forth and incorporated herein by reference; and,
WHEREAS, upon appeal of said tentative map approval, the Council of
the City of San Rafael has reviewed and considered the tentative map for the
proposed Oakwood Subdivision and finds as follows:
(a) That the proposed tentative map is not consistent with the
adopted General Plan for the City of San Rafael in that units proposed for
development along the ridgeline of the subject property violate policies within
the Conservation and Open Space Section of the General Plan, specifically
Policies 6, 7 and 8 of Part B, which read and provide as follows:
"Policy 6:
Protect environmental resources from degradation
associated with development. Such resources include
but are not limited to ridgelines, marshes, creeks
and shorelines.
"Policy 7:
Maintain open spaces that serve as boundaries and
delineators between neighborhoods and between
adjacent communities.
"Policy 8:
Encourage preservation of hillsides that provide
pleasant visual backdrops."
(b) That the proposed tentative map, with the elimination of ridgeline
lots, would not violate and be inconsistent with the General Plan policies; and
WHEREAS, Government Code sections 66473.5 and 66474 preclude the
approval of a proposed subdivision that is inconsistent with the City's
General Plan.
NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF SAN
RAFAEL does hereby approve the tentative map subject to the following
conditions:
(a) Lots numbered 13, 14, 15, 16, 30 and 31 on the tentative map dated
November 6, 1978 are eliminated. The City Council resolves that these six lots
jeopardize an important scenic backdrop for the City of San Rafael and,
therefore, development of such land would violate the intent and specific
policies of the San Rafael General Plan, as enumerated above.
(b) The fire roads within the dedicated open space areas shall be graded
to the satisfaction of the Fire Chief. Following completion of this grading and
with the dedication of the open space, the maintenance of the fire roads shall
be the responsibility of the City of San Rafael.
(c) The fire gates shall be reviewed as to placement and shall be
constructed in conformity with standards established by the Fire Chief.
(d) The cul-de-sac ending Upper Toyon may be relocated as approved by
the City Engineer and the Planning Director.
(e) Condition qq which was recommended by the Planning Commission by
their action of November 14, 1978, is eliminated.
(f) The Design Review Standards remain in force.
(g) The area created by the elimination of lots 13, 14, 15, 16, 30 and
31 shall be added to units 1 and 3, and all open space shall be dedicated in
fee to the City of San Rafael.
(h) The division of lot 38 into 2 separate lots is permitted.
(i) Final approval of the tentative map shall be final only upon
submission of a revised tentative map for City staff approval. The revision
shall be in accordance with all provisions and requirements stated above.
I, JEANNE M. LEONCINI, City 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 City Council of said
City held on Monday the f if th day of
February , 1979 , by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
NNE M. LEONCINI, City Clerk
-2-