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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. gRln��NAI s,y, 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 ------------------------------- JEF�"EL M. LIIF ;,D , City Clerk BY: O�ASFEip y City Clerk 2