1 RESOLUTION NO. 21-X
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMON D DENYING THE APPEAL AND UPHOLDING T HE PLANNING COMMISSIO N’S CONDITIONAL APPROVAL
OF A CONDITIONAL USE PERMIT AND DESIGN REVIEW TO CONSTRUC T A SINGLE-
FAMILY RESIDENCE ON A VAC ANT PARCEL WITHIN THE -S, SHORELINE OVERLAY ZONE, AT 357 WESTERN DRIVE (PLN20-043).
WHEREAS, Rudi Garbelmann ( the “applicant”) requests approval of a Conditional Use Permit and Design Review for th e construct ion of a single-family residence (“Project”) at 357 Western Drive (APN: 558-185-006) (“subject site”) within the -S, Shoreline Overlay Zone; and WHEREAS, on October 7, 2021, at a publ ic hearing the Planning Commission reviewed the Project and voted to approve the Conditional Use Permit and D esign Review, subject to conditions to be incorporated in the attached plans (Exhibit A) ; and
WHEREAS, on October 18, 2021, an appeal was filed by Claire Arbour, Simon Winer, and Ron Elson , property owner s surrounding the project site, objecting to the Planning Commission approval of the Conditional Use Permit and Design Review (PLN20-043).
WHEREAS , on December 7 , 2021 , the City C ouncil conducted a prop erly noticed public hearing pursuant to California Government Code S ection 65090 and has duly considered all written and verbal testimony presented before or during th e hearing, including the staff report ; and
WHEREAS, the proposed projects is categorically exempt under Section 153 03(a) of the California Environmental Quality Act (CEQA ): In urbanized areas, up to three single -family residences may be constructed under this exemption.
WHEREAS, on the basis of the application , plans, materials and te stimony received at or befor e the p ublic hearing, the City Council makes the following findings, with supportin g statements of fact, regarding the a pplication consistency, as required by Section 15.04.805.050 of the Richmond Zoning Ordinance, for approval of the Major Design Review:
A. The General Plan and any applicable specific plans;
Statement of Fact: Criteria Satisfied. The General Plan land use designation of the Project site is Hillside Residential, and the zoning designation is RL1 with an –S, Shoreline Overlay District (which i s the area within the 100-foot shoreli ne band) . The proposed project complies with General Plan Policy LU4.I, which encourages protecting, conserving, and enhancing the Richmond shoreline, including being harmonious with the site’s surrounding.
B. Any applicable design guidelines;
Statement of Fact: Criteria Not Applicable. There are no applicable design guidelines in this neighborhood.
C. Any approved Tentative Map, Use Permit, Variance, or other planning or zoning approval that the project required; and
Statement of Fact: Criteria Satisfied. Pursuant to Section 15.04.306.030, a conditional use permit is required for new uses or development with the –S, Shoreline Overlay district. A
2 Conditional Use Permit must be approved by the Planning Commission fo r the prop osed residence. The project also observes the view corridor conditions on the parcel map.
D. The design review criteria in Section 15.04.805040.
The project must satisfy these criteria to the extent they apply. Criteria Met? A. The overall design of the pro ject, including its sc ale, massing, site plan, exterior design, and landscaping, reflects design integrity and the relationship of form and function in a coherent manner.
Yes No
B. The project design evide nces a sense of place; does not overwhelm or adversely impact adjoining properties; and respects prevailing setbacks and the scale and heights of neighboring buildings and how they relate to the street.
Yes No
C. The project’s design elements, materials, signage, and landscaping are internally consistent, fully integrated with one another, and applied in a manner that is visually consistent with the proposed architectural design.
Yes No
D. Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.
Yes No
E. The proposed building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site. Yes No F. Landscaping is designed to be compatible with and enhance the architectural character of the buildings on site. Proposed planting materials avoid conflicts with views, lighting, and signage. Yes No
Statement of Fact (A-F): Criteria Satisfied. The project will incorporate c onditions of approvals that will modify the roof, ensure the roofing material is non -reflective, and landscape is provided along the north elevation to reduce the mass and bulk. T hese additional change s will help to enhance the design of the new residence with the p revailing pattern of homes in this neighborhood.
WHEREAS, on the basis of the application, plans, materials, and testimony received at or before the public hearing, t he City Council makes the following findings with supporting statements of fact required by Sections 15.04.806.040 and 15.04.306.030 of the Richmond Zoning Ordinance for approval of Conditional Use Permit for uses and development within an – S, Shoreline Overlay District:
A. The location of the proposed conditional use is in accordance with the General Plan and any applicable specific plan and the land use designations for the project site; Supporting Statement of Facts: Criterion Satisfied. The General Plan land use designation of the Project site is Hillside Residential and the zon ing designation is RL1 and –S, Shoreline Overlay District (which is the area within 100 -feet of the shoreline) . The proposed project complies with General Plan Policy LU4.I, wh ich encourages protect ing, conserving, and enhancing the Richmond shoreline. Thi s includes protecting to the maximum extent feasible views of the Bay from the street for the benefit and welfare of the public. The project design is conditioned to modify massing and bulk.
3 B. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;
Supporting Statement of Fac ts: Criterion Satisfied. Given that conditions of approv al will be incorporated, the design of the proposed residence will be harmonious and compatible with the surrounding buildings, and the design will appropriately consider the s ensitive nature of the coastal zone.
C. The proposed use will not create any nu isances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions; Supporting Statement of Facts: Criterion Satisfied. The propo sed residential use is not anticipated to generate emissio ns or off -site impacts that will affect the residential character of the coastal zone of the area. have atypical emissions since it will be designed to meet the City energy reach code and current CalGreen Building Standards.
D. The proposed use complies with all applicable provisions of Article XV; and Supporting Statement of Facts: Criterion Not Satisfied. The project complies with the applicable provisions of the RL1 Zonin g District, such as se tbacks, parking requirements , lot coverage, and the –S, Shoreline Overlay District for the reason stated in Findings A and B above, as well as specified in the agenda reports.
E. The site of the proposed use is adequately served by highways, streets, water, sewer, and other public facilities and services.
Supporting Statement of Facts: Criterion Satisfied. The site is accessible and adequately served by public facilities and services, including water, sewer, and streets.
WHEREAS, the City Council finds that the underlying decision by the Plan ning Commission approving the project is supported by substantial evidence and does not constitute an abuse of discretion.
NOW, THEREFORE, BE IT RESOLVED , on the b asis of the written appeal, plans, materials, agenda report, and testimony received at or before the public hearing, the City Council does hereby denies the appeal and affirms the Planning Commission’s conditional use permit and design review for the Project.
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I CERTIFY, that t he foregoing resolution was adopted by the City Council of the City of Richmond, California, at a regular meeting held on February 1, 2022.
AYES:
NOES:
ABSTENTIONS:
4 ABSENT:
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CITY CLERK
_____________________
Tom Butt
MAYOR
Approved as to form:
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CITY ATTORNEY