HomeMy WebLinkAboutCC Resolution 7940 (29-33 Brookdale Avenue)RESOLUTION NO. 7940
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL
DENYING THE APPEAL OF ED88-92 AND UPHOLDING
DECISIONS OF THE SAN RAFAEL PLANNING COMMISSION TO
CERTIFY A NEGATIVE DECLARATION AND
CONDITIONALLY APPROVE AN ADDITION OF FIVE UNITS
(AMENDED FROM SEVEN NEW UNITS)
TO AN EXISTING SINGLE FAMILY HOME AND DUPLEX,
AND CONSOLIDATION OF TWO PARCELS
29-33 Brookdale Avenue
WHEREAS, an application was submitted for seven new
apartment units and a lot consolidation at 29-33 Brookdale
Avenue; and
WHEREAS, an environmental initial study was prepared
consistent with the California Environmental Quality Act; and
WHEREAS, the Planning Commission reviewed the proposed
project at the regular meeting of February 28, 1989, received
the planning staff recommendation and public testimony, and
voted to adopt a Negative Declaration and approve the proposed
10 unit apartment project; and
WHEREAS, the Negative Declaration and project approval
was appealed to the City Council and the City Council heard
the matter at a duly noticed public hearing on April 3, 1989.
NOW, THEREFORE, BE IT RESOLVED that the San Rafael
City Council upholds the Planning Commission's adoption of
a Negative Declaration and approval of ED88-92 with revised
conditions requiring the project to be amended from ten units
to eight units by allowing two one -bedroom units (versus four
studios) in the building facing Lincoln Avenue, based on the
following findings:
Negative Declaration
(1) The amended eight unit project does not have the
potential to substantially degrade the quality of
the environment, substantially reduce the habitat
of a wildlife species, threaten to eliminate a plant
or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal
or eliminate important examples of the major periods
of California history or pre -history in that:
(a) The site is currently partially developed and
graded and surrounded by parcels that are completely
developed, and adequate setbacks have been established
to the top of the creek bank resulting in no
disturbance of any natural condition;
(b) There are no endangered or threatened animal
or plant species located upon or using the site;
and
HAL
(c) The proposed project is not located upon a site
of any archaelogical or historical significance.
(2) The proposed project as amended will not have environmental
effects which will cause substantial adverse effects
on humans either directly or indirectly in that all
applicable Zoning Ordinance requirements have been
met, General Plan policies adhered to, conditions
will be applied to the project to mitigate noise
conditions, and adequate public services including
fire and police protection are available. Additionally,
the City's Traffic Engineer has determined that the
additional 43 trips per day added by five units is
within the General Plan 2000 Level of Service standards.
(1) The subject property is not suitable for the maximum
density allowed by the General Plan in that General
Plan Policy LU -10 states that maximum densities are
not guaranteed, but must respond to the following
factors: site resources and constraints, potentially
hazardous conditions, traffic and access, adequacy
of infrastructure, City design policies and development
patterns and prevailing densities of adjacent developed
areas. In this case, Brookdale Avenue is a substantial
traffic and access constraint based on its narrow
width and on-site parking only. Also, the majority
of parcels in the neighborhood are developed at the
low end of the density range with one or two units.
(2) The proposed project, if developed with seven additional
units, would have a specific, adverse impact upon
the public health or safety in that Brookdale Avenue
is a substandard, one-way street where parking is
allowed on only one side and residential development
at the high end of the allowable density range would
create substantial additional traffic and parking
congestion. There is no feasible method to satisfactorily
mitigate or avoid this impact other than to disapprove
the project or approve the project at a lower density.
(3) The proposed project as amended is consistent with
the General Plan land use designation of High Density
Residential and the R-4 zoning district. The revised
proposal is for an additional five units creating
a total of eight units on 11,970 square feet or 16,695
gross square feet of land area.
(4) The project as amended will not be detrimental to
the health, safety, or general welfare of the surrounding
neighborhood or the City of San Rafael as the proposal
is seen as appropriate infill residential development.
Adequate parking is provided and the design is compatible
with surrounding residences.
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 i4ONDAY , the 3rd day of APRIL ,
1989, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli and Mayor Mulryan
NOES: COUNCILMEMBERS: Boro and Thayer
ABSENT: COUNCILMEMBERS: None
JEA E�M. LEONCIN1\, City Clerk