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HomeMy WebLinkAboutResolution 2002-159 N.C.S. 10/07/2002Resolution No. 2002-159 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF PETALUMA DENYING THE APPEAL BY SHIRLEY HALVORSEN OF THE PLANNING COMMISSION'S DECISION TO DENY HER APPEAL OF THE ADMINISTRATIVE APPROVAL OF A TENTATIVE PARCEL MAP 511 SOUTH MCDOWELL BOULEVARD, APN 007-301-031. WHEREAS, on May 28, 2002, the Planning Commission held a public hearing to consider the appeal of Shirley Halvorsen of an administrative approval of a Tentative Parcel Map to allow the division of one 16,575 square foot lot into two lots, located at 511 South McDowell Boulevard, APN 007-301-031; and, WHEREAS, at said public hearing the Planning Commission denied the appeal and upheld the administrative approval; and, WHEREAS, on June 11, 2002, the City Clerk received a letter of appeal from Mrs. Halvorsen of the Planning Commission decision; and, WHEREAS, the Petaluma City Council held noticed public hearings on September 9, 2002 and September 17, 2002. NOW, THEREFORE, BE IT RESOLVED that the City Council, based on the evidence and testimony presented for the record at the public hearing, hereby finds that the findings and conditions listed below apply to the -Doran Tentative Parcel Map and hereby denies the Halvorsen appeal, thereby allowing the subdivision of the Land of Doran into a 9,075 square foot lot with the existing house and a vacant 7,500 square foot lot. 1. The proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15315, Class 15, of the CEQA Guidelines, which allows minor land divisions. 2. The proposed Tentative Parcel Map complies with the requirements of the Municipal Code, Chapter 20.20, and the Subdivision Map Act. 3. The proposed Tentative Parcel Map complies with the requirements of the Zoning Ordinance such as minimum lot size, width, depth, and setbacks. 4. The subdivision will create two separate residential lots, which are appropriate to the surrounding area and with the existing surrounding uses. Access to the public street (South McDowell Boulevard) currently exists from both parcels and vehicle turn around space will be provided on each lot so that vehicles will front out onto the street in order to increase the safety for exiting cars. Resolution No. 2002-159 N.C.S. 5. The Tentative Parcel Map is consistent with the General Plan in that existing housing will be preserved and in that maximum density for infill properties is not exceeded as specified by Chapter 4 Program 11. 6. The design of the subdivision and the types of improvements will not be detrimental to the public health, safety or welfare. Adequate public facilities exist or will be installed, including driveways and sidewalks, water, sewer, storm drain and other infrastructure. Conditions of Approval From the City Council: 1. Prior to Final Parcel Map approval, the applicant shall: a. Grant a maintenance easement (minimum width of 3 feet) to Assessor's Parcel 007- 301-043 to allow maintenance for that portion of the Halvorsen house located less than two feet to the shared property line. b. Construct a 6-foot tall, solid wood fence along the northwesterly property line from the rear property line to a distance 25 feet from the front property line. However, there shall be no fence where the Halverson house is less than two feet from the shared property line in order to allow for the maintenance activities described above. The fence must comply with the zoning ordinance and is subject to a fence permit. From the Planning Division (778-4301): 2. Public utility access and easement locations and widths shall be subject to the approval of PG&E, Pacific Bell, the Sonoma County Water Agency, all other applicable utility and service companies, as well as the City Engineer, and shall be shown on the Parcel Map. 3. The proposed driveway for Parcel 1 and any future driveway for Parcel 2 shall include sufficient turnaround area to enable vehicles to exit the site without. backing out onto South McDowell Boulevard. 4. The applicants shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul the approval of the project when such claim or action is brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicants of any such claim, action, or proceeding. The City shall coordinate in the defense. Nothing contained in this condition shall prohibit the City from participating in defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith. Resolution No. 2002-159 N.C.S. Page 2 From the Engineering Section (778-4304): 5. A shared storm drain maintenance declaration is required for the proposed storm drain system. 6. The portions of the existing garage to be removed shall be completed through the building permit process prior to Final Parcel Map approval. 7. City standard residential driveway approaches (21-feet wide) shall be installed for both lots. An on-site vehicle turnaround facility is required for at least one of the proposed parcels and encouraged for both parcels to avoid backing into McDowell Blvd. 8. Separate water services and sewer laterals shall be installed for each lot.. 9. All portions of broken, cracked, displaced, etc. sidewalk along the project frontage shall be replaced. 10. All new utility services to the project shall be placed underground. 1 L The applicant shall prepare a legal description and dedicate an easement to the City of Petaluma for the existing streetlight located on proposed Parcel 1. 12. Lot-to-lot drainage shall not be created as a result of this subdivision. 13. Public utility easements are required if not existing along the project street .frontage. Letters from appropriate public utility companies indicating no need for easements may be submitted in lieu of public utility easements. 14. An excavation permit is required for all work within the public right-of-way. 15. All easements affecting or created as a result of this project shall be shown on the Final Parcel Map. 16. Final Parcel Map preparation shall be per the latest City of Petaluma policies, standards, codes, resolutions, and ordinances. The applicant shall submit a complete Final Parcel Map application including all supporting documentation and required fees. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: Thereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting r on .the .........l:~kkl......... day of ........i~~l?t~[Xlk~l :............................ 20.Q~, by the ~ following vote: ................. .................. Crty Attorney AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Mayor Thompson, Torliatt NOES: None ABSENT: None -.. ATTEST: ..............:.::.....................e~'~.'::.:::'! :'iy`~ .......................... ............................................................................................ City Clerk f~ Mayor ! Council File ................................... Res. No........Z.Q~~r.1S.9........N.GS.