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HomeMy WebLinkAboutCC Resolution 8201 (Fairhills Dr)RESOLUTION NO. 8201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING THE NEGATIVE DECLARATION AND APPROVING A FOUR LOT SUBDIVISION AT FAIRHILLS DRIVE AND IDLEWOOD PLACE WHEREAS, an application was submitted to the Planning Department for a four lot subdivision near the intersection of Fairhills Drive and Idlewood Place. WHEREAS, an environmental Initial Study was prepared consistent with the California Environmental Quality Act: and, WHEREAS, on September 26, 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 four -lot subdivision; and, WHEREAS, the Negative Declaration and project approval was appealed to the City Council by surrounding property owners and the City Council heard the matter at a duly noticed public hearing on December 4, 1989; and WHEREAS, the City Council after considering public testimony, requested that the Negative Declaration be referred to the Planning Commission for consideration by the Geotechnical Review Board; and, WHEREAS, on April 10, 1990, the Planning Commission, considered the review conducted by the City's Geotechnical consultant, Mr. Eugene Miller, and also considered public testimony regarding the Geotechnical Review; and, WHEREAS, the Planning Commission accepted the findings of that geotechnical review and voted to recommend to the City Council approval of the revised Negative Declaration and approval of said four -lot subdivision NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hearby adopts the Negative Declaration and approves the tentative subdivision map and application s89-14 with exception based on the following findings: 08tI17I87 A L 6aoi 1. Based on the review of the Geotechnical study by the Geotechnical Review Board, 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 four lots for single family residential development at a density of approximately 1.4 units per acre. 3. The proposed lots 1, 2,3, and 4 are consistent with the zoning classification of R-1 in that the proposed lots meet area and width requirements of the City Slope Ordinance. 4. An exception to subdivision ordinance Section 15.12.050 (approval of access over a private right-of-way) for the private driveway to Lots 1, 2 and 4 is appropriate because the common driveway is reasonable and effective access; less grading results from the exception proposal than from access from individual driveways; 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 Lots 1, 2, or 4 were developed with access from Idlewood Place. Additionally, adequate access would be provided to Lots 1, 2 and 4. 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. Based on data contained in the Initial Study and the staff reports, 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 NI, 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 2nd day of July., 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOS: COUNCILMEMBERS : Shippey ABSENT: COUNCILMEMBERS : None ----=--- -------------- E M. LEONCINI, City Clerk EXHIBIT "A" REVISED CONDITIONS OF APPROVAL PER CITY COUNCIL MEETING OF JUNE 4, 1990. All conditions as listed on pages 11 - 18 of the Planning Commission report dated September 26, 1989, shall be valid. Additional Public Works conditions of approval as shown on page 4 of the Report to Planning Commission dated April 10, 1990, shall be superseded by the following conditions for approval as requested at the City Council meeting of June 4, 1990. PUBLIC WORKS (a) Upon recordation of the Final Map, an annual payment of $135.00 per parcel shall be required commencing at recordation and annually thereafter. This payment shall provide for annual maintenance and inspection of the on-site private drainage system. This amount shall be adjusted from time to time and shall be equivalent to one person working for a full day on the drainage system. (b) Upon recordation of the Final Map, a sinking fund shall be established to fund the resurfacing of the common driveway in fifteen (15) years. An initial contribution in the amount of $630.00 shall be made by the developer at the time the Final Map is recorded. Contributions shall be made annually thereafter. Said annual contributions shall be prorated among the three parcels which are contiguous to the driveway and shall be not less than $210.00 per parcel per year. The annual contribution shall be paid by the developer until all of the parcels have been sold, whereupon payments shall be made by the individual owners. (c) If two of the three properties determine that the driveway or drainage system needs to be upgraded or maintained, they shall cause the work to be done and the cost for such work shall be apportioned among the three parcels equally. The above conditions, (a), (b) and (c), shall be made conditions of the Final Map. (d) All lots shall have additional geotechnical investigation performed in accordance with the San Rafael General Plan before building permits are issued for any proposed structures. Each lot shall also be subject to the Geotechnical Review Process by the City's Geotechnical Review Board. (e) All earth work shall be performed under the direct and continuous supervision of the soils engineer and the City's Geotechnical consultant with written certification provided at the completion of the work. (f) The private common driveway and attendant drainage facilities shall be installed prior to the issuance of any building permits for the dwellings. (g) Final grading and improvement plans shall be reviewed by the City's Geotechnical Consultant to insure conformance with all recommendations. (h) The common driveway intersecting Fairhills Drive shall be marked "Right Turn Only". FIRE DEPARTMENT (i) All four residential units are required to be installed with an approved fire sprinkler system.