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
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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.