Attachment
RESOLUTION NO. 128-09
A KESOLUTION OF THE CITY COUNCIL OF THE CFTY OF RICHMOND
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PARCEL MAP MS 756-08 TO CREATE ONE LOT AT 367 WESTERN DRIVE CKOWALSKI, APN 558-185-003)
WHEREAS, Stephen & Patti Kowalski (fhe "applicap.1?'), filed an application wifh the City of Richmond for approval of proposed parcel map MS 756-08 (the "Parcel Map") to subdivide fhe existing parcel (the "subdivision" or "project') at 367 Western Drive (APN: 558- 185-003) (the "project site" or "subject site") into two standard residential parcels of 10,806 Square Feet and 6,002 Square Feet, respectively; and
WHEREAS, flie Parcel Map is subject to fhe provisions of California Government Code Sections 66410-66499.58, known as fhe Subdivision Map Act, and Chapter .15.08 of the Richmond Municipal Code known, as fhe Richm.on.d Subdivision Ordinance; and WHEREAS, fhe Parcel Map is not categorically exempt from the California Environmental Quality Act (CEQA) by way of CEQA Guidelines Section 15315, Class 15, Minor Land Divisions, due to the fact fhat the slope is greater fhaa 20 percent. Therefore, staff conducted an Initial Study; determiaed that the project could have potentially significant impacts m the areas ofAesfhetics, Geology and Soils, and Hydrology and Water Quality; and WHEREAS, staff prepared a Draft Mitigated Negative Declaration which includes a Preliminary Soils Investigation and Initial Geology and SoUs Analysis. Based on such iavestigation aad analysis, staff determiaed that implem.entation of specific mitigadon. measures •will reduce envirorimental impacts to less-fhan-sigmficant; and 'WHEREAS fhe Draft Mitigated Negative Declaration was circulated for public comment in accordance with fhe California Environmental Quality Act ("CEQA") and a response to comments was prepared; and
WHEREAS, fhe Zoning District at fhe subject property is zoned SFR-2, Single Family Very Low Density Residential District, which permits residential dweUmgs on lot sizes of 6,000 SF or greater, and fhe General Plan designation of the site is 942, Very Low Density Residential (0 to 5 DU/Acre), which aUows single family residential dwellings m areas typified by relatively large lots greater than 6,000 SF; and
WHEREAS, fhe City Council has reviewed fhe Parcel Map for conformance with fhe Subdivision Map Act, Subdivision Ordinance, -Zonmg Ordmance and all ofher applicable regulations offhe Richmond Municipal Code; and
WHEREAS, the City Council has conducted a properly noticed public hearing pursuant to California Government Code Section 65090 and has duly considered all written and verbal testimony presented during fhe hearmg; and
WHEREAS, on the basis of the application, plans, materials, and testimony submitted at or prior to the public hearing, the City Council makes fhe following findings with statements of fact to support fhe findings as required by California Government Code Section 66474 for fhe approval of Parcel Map:
Findine 1. The proposed Map is consistent with the applicable General and Specific Plans.
Statement in Support of Finding: Criterion Satisfied. The Richmond General Plan designation for the project site is 942, Very Low Residential. The subdivision meets all . the applicable provisions of the Richmond General Plan by creating a buildable lot which is equal to or greater than 6,000 SF. The proposed Lot 2 would meet the development standards for the minimum lot size in the SPR-2 Zoniag District, with a proposed area of 6,002 SF. The proposed Lot 2 will also meet the development standards for the minimum lot width of 60 Feet in the SFR-2 Zoning District; the proposed lot width will be 69 ft.
128-09
Findma: 2. The design of lots, sb'eets, open space, drainage, sewers, water aad other improvements are consistent with the Zoning Ordinance.
Statement in Support ofPindine: Criterion Satisfied. The subdivision wiU result in a lot configuration that is common in this neighborhood. The project site is adjacent to existing residential buildiags, wMi landscaping and dramage, sewer, water and ofher utility improvements 1iiat are consistent wiffa fhe Riohm.ond Zonmg Ordiumce. If any new utilities are desired, they would be required to comply with the Rictimond Zoning Ordinance and the requirements of the Public Worfes Departm.en.t and respective utility company.
Pmdmg3. The site is physically suitable for -flie type of development.
Statement in Support ofPmdiae: Criterion Conditionally Satisfied. The subdivision is for fhe purpose of subdividing fhe existing lot into two lots for an additional residential dwelling umt. The newly created Lot 1 would be physically suitable for development with the implementation of tfae mitigations indicated m the Mitigating Momtormg and Reporting Program (Attacliment 2). New off-street parking would be required for Lot 1 as a result of this subdivision in order to meet fhe parking requirements offhe Richmond Zoning Ordinance.
Pindine; 4. The site is physically suitable for fhe proposed density of development.
Statement in Support of Finding: Criterion Satisfied. The subject site is presently served by all requisite public facilities and services such as gas, water and electricity, and die lot size of 6,002 SF is larger fhan fhe Tnnirrmm required lot size m fhe 942 General Plan designated district, and the SPR-2 Zoning District.
Fiadiug 5. The design of the subdivision or tiie proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or l3ieir habitat
Statement in Support of Finding: Criterion Satisfied. The subdivision will not cause substantial environmental damage because die existmg lot is currently part of an exiting residential property. Future improvements of the lot -would be typical of other improvements in this neighborhood and would have to conform to fhe Development Standards of the SFR-2 Zosmg Distnct.
Findmg 6. The design of fhe subdivision or fhe type of improvements is not likely to cause serious public healfh problems.
Statement in Support ofFmding: Criterion Satisfied. The design offte subdivision is not likely to cause serious public health problems as it proposes to subdivide an exiting lot iato two residential lots.
Pmdmg 7. The design of fhe subdivision or fhe type of naprovements will not conflict with easements, acquired by Uas public at large, for access tb-ougli or use of, property -wifhia the proposed subdivision.
Statement ia Support of Pmdme: Criterion Satisfied. Tentative Subdivision Map MS 756-08 does not conflict wifii any lcnown existing pubUc easements as shown m Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, fhat the City Council of the City of Richmond, does hereby grant approval of Parcel Map 756-08 subject to -file follo-wmg conditions of approval:
1. Conformance to Parcel Map: The Parcel Map shall be in substantial conformance with fhe Parcel Map m Exhibit A, prepared by Bay Area Land Surveying lac., submitted to and date-stamped received by the Richmond Plaimmg and Buildmg Services Department on April 24, 2009. Prior to finalizing the Parcel Map, it shall be submitted to the Engineering Department for review and approval accompanied by the requisite review fee. The Parcel Map must be prepared, wet signed and sealed by a. civil engineer or laud surveyor, registered and licensed in flie State of California.
2. Implementation of the Mitigation Monitoring and Reporting Program: The applicant shaU implement Mitigation Measures I-A, VI-A, and VBQ-A, as indicated in the Mitigation Mordtormg and Reporting Program in the Mitigated Negative Declaration (Exhibit C).
3. Indeimufication: To the fullest extent permitted by law, tile subdivider shall defend, indemmfy, and hold harmless the City of Richmond, its Council, Boards, Commissions, agents, officers, employees, consultants, successors and assigns from and against any and all claims, demands, obligations, proceedings, actions, causes of action, suits, losses, judgments, fines, penalties, damages, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements, and all other professional or expert fees and costs) (individually a "Claim," collectively "Claims") which may arise to attack, set aside, void, or annul the• project approvals, or any project condition imposed by the City or any of its agencies. Departments, Commissions, Boards, agents, officers, employees, or Council concemiag said project, whicli Claim, is brought in accordance with all applicable laws related thereto and witfaia the tune period provided by law, includmg but not limited to, any claim, for private attorney general fees claimed by or awarded to any party from City. The City of Richmond shall promptly notify tie subdivider of any claim, action, or proceeding and shall cooperate fully in the defense.
4. Utilities: Any new utilities are required to comply with the Zonmg Ordinance, fhe requirements of the Public Works Department, and respective utility company.
5. Easements: All existing easements related to this property shall be carried fonvard onto the Final Parcel Map mcluding those required by other agencies.
6. Off-Street Parkmg: The applicant shall provide proper off-steet parldng for Lot 1 by constructing a two-car, tandem packmg strip with a one-car carport with a mimmum interior dimension of 10 feet wide md 20 foot length. This caiport shall be constructed prior to tiie recording of the Parcel Map and conform to the City's Development Standards and Building Code. Future residential development of Lot 2 will be required to include at least two covered off-steet parking spaces.
7. Fencmg: In. fhe event a new fence is constructed on the property line of the newly created lot, the applicant shaU construct a "good neighbor" fence.
8. San Francisco Bay Conservation. Development Commission CBCDQ Permit:
The applicant shall apply and receive a development permit from the San Francisco Bay Conservation Development Commission (BCDC) for the proposed Parcel Map and potential easements or view corridors. A copy of the valid permit shall be forwarded to the Plamung Division and the City Engineer.
9. Windows: There shall be no 2nd story windows, other fhan skylights or olerestories, buUt within 29 feet of tie street side property boundary line along the south side of any home erected on the property.
10. Deck: There shall be no roof deck built within 29 feet of the street side property boundary line on any home erected on the property.
11 .Height: Within 29 feet of the street side property line, the maxmium height for any home erected on the property shall be 28 feet fi-om existing grade.
Mitigation Measures from the Mitigation Monitoring and Reporting Program:
12. The proj ect applicant for future development of Lot 2 shall reduce the severity of the project's effect on aesthetics by implementuig tiie foUowing the following mitigation measures:
a. The future proj ect shaU be landscaped to soften the view of the development from off-site locations.
b. Landscaping shall be designed to be compatible will existing vegetation on site and in surrounding areas.
c. The new building shall be designed to be visuaUy compatible witii the existing buildings.
d. The applicant shall contact the San Francisco Bay Conservation aad Development Commission (BCDC) and apply for all required permits prior to cxmstruction.
13. The project applicant for future development shall reduce the severity of project effect on Geology and Soils by following fhe followmg mitigation measures:
a. The future project shall be designed in accordance with the 2007 California Bnildmg Code (CBC), which has been adopted by the City of Richmond. b. The rear setback for future development of a building shall be approximately seventeen feet (17') fi-om the top of slope.
o. Best Management Practices (BMPs) for sediment and erosion control shall be followed during construction.
d. An erosion control plan shall be prepared prior to issuance of a Building Permit and implemented, during construction activities. e. A buUdiag project shall inclu.de measures such. as selective removal of expansive soils and weathered rock in fouadafion. and concrete slab areas and replacement -with non-expansive select fill to mimmize the potential damage to site improvements.
£ AU prelimmary design recommendations mdicated iu ftie Prelimmary Soils Bivestigation and Initial Geology and Soils Analysis (Appendix B) shall be followed.
14. The proj.eot applicant for future development shall reduce the severrfy of project effect on Hydrology and Water Quality by following mitigation measures:
a. The future project will be required to provide positive runoff. b. The fatui-e project -will be req'uired to incorporate pervious coverage in hardscape and landscape plans for absorption;
c. The rear setback for future development of a building shall be approximately seventeen (17) feet from the top of slope.
d. Best Management Practices (BMPs) for sediment and erosion control shall be followed during construcfion.
AAAAAA^AAAAAAAAAA-ftAAAAAA
I certify Ihat -tfae foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof, held on November 3, 2009, by fhe following vote:
AYBS:
Approved:
GAYLE MCLAUGHUN
Mayor
Approved as to form:
Couacilmembers Bates, Butt, Rogers, Ritterman, Viiamontes, Vice Mayor Lopez, and Mayor McLaughlin.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
DIANEHOLMES
Clerk of the City of Richmond
[SEAL]
RANDY RIDDLE
City Attorney
State of California }
County of Contra Costa
City ofRic'hmond }
:ss.
I certify that the foregoing is a true copy of Resolution No. 128-09, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on November 3, 2009.