HomeMy WebLinkAboutCC Resolution 8177 (Highland Avenue)RESOLUTION NO. 8177
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
ADOPTING THE NEGATIVE DECLARATION
AND APPROVING A TWO LOT SUBDIVISION
AT HIGHLAND AVENUE AND HUBBELL COURT
(KENNETH MASSA, OWNER)
WHEREAS, an application was submitted to the Planning Department for a
two lot subdivision at the intersection of Highland Avenue and Hubbell Court.
WHEREAS, an environmental Initial Study was prepared consistent with
the California Environmental Quality Act: and,
WHEREAS, on July 25, 1989, the Planning Commission of the City of San
Rafael reviewed and considered public testimony and the staff report at a duly
noticed public hearing on the project and voted to recommend certification of a
Negative Declaration and approval of said two -lot subdivision; and,
WHEREAS, the Negative Declaration and project approval was appealed to
the City Council by the Monticeto Neighborhood Association and the City Council
heard the matter at a duly noticed public hearing on August 21, 1989; and
WHEREAS, the City Council after considering public testimony, voted to
uphold the Monticeto Neighborhood Association's appeal; and,
WHEREAS, Kenneth Massa filed a lawsuit asserting that the City Council
abused it's discretion when it upheld the Montecito Neighborhood Association's
appeal of the decision of the San Rafael Planning Commission; and,
WHEREAS, Mr. Massa sought a Writ of Mandate directing the City Council to
set aside its decision denying his application for a tentative subdivision map and to
approve the application; and,
WHEREAS, the City Council and Mr. Massa have entered into a settlement of
this litigation and by this agreement Harding Lawson & Associates conducted an
independent geotechnical review of the subject site, as required by APPENDIX E,
SECTION D, GEOTECHNICAL REVIEW of the City of San Rafael General Plan 2000;
and,
WHEREAS, the City Council conducted a public hearing on May 7, 1990 for
the limited purpose of receiving comments on the geotechnical report as provided
by the settlement agreement; and,
WHEREAS, the City Council accepted the findings of that geotechnical report.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council
hearby adopts the Negative Declaration and approves the tentative subdivision map
and application s89-7 and ED89-57 with exception based on the following findings:
1. Based on the results of the independent geotechnical report , Staff and
the City Council has determined that the lots are feasible for
development of single-family residences from a geotechnical
engineering standpoint.
2. The proposed project is consistent with the General Plan 2000
including the land use designation of low density residential (2 to 6.5
units per acre) in that the project involves a subdivision creating two
lots for single family residential development at a density of
approximately 1.7 units per acre.
3. The proposed lots 1 and 2 are consistent with the zoning classification
of R-1 in that the proposed lots meet area and width requirements of
the City Slope Ordinance.
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4. An exception to subdivision ordinance Section 15.12.050 (approval of
access over a private right-of-way) for the private driveway to Lot 1 is
appropriate because the common driveway is reasonable and effective
access; an approved roadway easement exists across the property; less
grading results from the exception proposal than from access from
Hubbell Court; and that the approval of an exception for this purpose
meets the objectives of the regulations as to light, air, public health,
safety, convenience and general welfare of the community.
5. The granting of exceptions to Section 15.12.050 are appropriate because
there are special circumstances or conditions affecting the property in
that the site is steeply sloped which would result in additional grading
if developed with access from Hubbell Court. Additionally, adequate
access would be provided
6. The granting of an exception to Section 15.12.050 is necessary for the
preservation and enjoyment of a substantial property right of the
petitioner in that the parcels meet the City's slope ordinance and are
consistent with the San Rafael General Plan 2000.
7. The granting of the exception to Section 15.12.050 is appropriate in that
the project is designed and conditioned to address engineering and
design impacts regarding traffic and circulation, grading, soils and
geology, drainage, infrastructure, architecture, and landscaping and will
therefore not be detrimental to the public welfare or injurious to other
property in the vicinity in which the property is located.
S. The proposed project does not have the potential to substantially
degrade the quality of the environment or cause substantial adverse
effect on human beings as conditioned by this report.
I, JEANNE M. LEONCI TI, 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 held on Monday, the 4th day of June, 1990, by the
following vote, to wit:
AYES: COUNCILMEMBERS : Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS : None
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JEF�"EL
M. LIIF
;,D
, City Clerk
BY:
O�ASFEip y City Clerk
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