HomeMy WebLinkAboutCC Resolution 9445 (Montevideo Terrace Subdivision)RESOLUTION NO . 9 4 4 5
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN
AMENDMENT TO THE MASTER ENVIRONMENTAL AND DESIGN
REVIEW PERMIT AND THE FINAL MAP FOR THE MONTEVIDEO
TERRACE (OAKVIEW) SUBDIVISION, 70 SKYVIEW TERRACE
(AP No. 165-010-54)
WHEREAS, on December 13, 1994, applications requesting a General Plan Amendment,
Zone Change, Tentative Map, Master Use Permit and Master Environmental and Design
Review Permit for the above referenced project were considered by the Planning
Commission at a duly noticed public hearing and the Planning Commission recommended
approval to the City Council; and,
WHEREAS, on January 17, 1995 the City Council adopted the negative declaration and
approved the General Plan Amendment, Zone Change, Tentative Map Master Use Permit
and Master Environmental and Design Review Permit for the project; and,
WHEREAS, an Environmental and Design Review Permit for the development of the
residential units for the project was reviewed and approved by the Planning Commission
on July 7, 1995; and,
WHEREAS, an application was submitted for a Final Map and the Planning Department
and Public Works Department have recommended that the Map is in substantial
compliance with the Tentative Map and conditions of approval; and,
WHEREAS, an application has been submitted to amend the Master Environmental and
Design Review Permit (ED94-14) to accommodate minor modifications made to the site
development standards which are necessary to accommodate the approved designs for the
residences; and,
WHEREAS, a Negative Declaration was prepared and certified for the original project and
the minor amendment to the Master Environmental and Design Review Permit does not
alter the original project approval and approval of a Final Map is a ministerial act under the
California Environmental Quality Act and therefore requires no additional environmental
review; and,
WHEREAS, the proposed changes have been reviewed and recommended for approval by
the Design Review Board; and,
WHEREAS, on August 15, 1995 the San Rafael Planning Commission held a duly noticed
Public Hearing on the proposed Final Map and amendment to the Master Environmental
and Design Review Permit applications, accepting public testimony and the written report
of the Planning Department and recommended approval of the project to the City Council;
and,
ORIGINAL
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WHEREAS, the City Council determined that the Final Subdivision Map is in substantial
compliance with the Tentative Map and all conditions imposed thereupon as the final map
has been reviewed by the appropriate City Departments; and,
WHEREAS, the City Council determined that the improvement plans for The Montevideo
Terrace (Oakview School Site) Subdivision have been reviewed and approved by the Public
Works Department. All conditions of approval relating to Subdivision improvements
have been met or will be met through construction of the project; and,
WHEREAS, the City Council determined that the project design is in accord with the
General Plan, the objectives of the Zoning Ordinance, and the Planned District because the
amendment to the Master Design Review Permit does not modify the approved design of
the project; and,
WHEREAS, the City Council determined that the project design is consistent with all
applicable site, architecture and landscaping design criteria and guidelines for the district in
which the site is located because the project has been reviewed by the Design Review Board
and their recommendation for Lot 6 is incorporated into the project design through the
amendment to the Master Plan; and,
WHEREAS, the City Council determined that the project design minimizes adverse
environmental impacts because the amendment to the Master Design Review Permit does
not modify the approved design of the project; and,
WHEREAS, the City Council determined that the project design will not be detrimental to
the public health, safety or welfare, nor materially injurious to properties or improvements
in the vicinity because the amendment to the Master Design Review Permit does not
modify the approved design of the project.
NOW, THEREFORE BE IT RESOLVED, that the San Rafael City Council finds there is no
substantial evidence in the record showing that the project could have a significant
detrimental impact upon the neighborhood and approves the Final Map and amendment
to the Master Environmental and Design Review Permit for the Montevideo Terrace
(Oakview School Site) Subdivision at 70 Skyview Terrace.
The foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the San Rafael City Council held on the 5th day of September, 1995, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips., Zappe.ti,ni_ & Mayor Bori
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
-2-
v'
Jeanne M. Leoncini, City Clerk