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HomeMy WebLinkAboutResolution 2002-085 N.C.S. 06/03/2002 Resolution No. 2oo2-oss N.C.S. of the City of Petaluma, California UPHOLDING THE APPEAL BY BRENT RUSSELL OF THE SITE PLAN AND ARCHITECTURAL REVIEW COMMITTEE'S DECISION TO DENY WITHOUT PREJUDICE THE MODIFICATIONS TO THE FIRST PRESBYTERIAN CHURCH 939 B STREET, APN 008-361-045 WHEREAS, on March 14, 2002, the Site Plan and Architectural Review Committee of the City of Petaluma held a public hearing to consider Brent Russell's application for Site Plan and Architectural Review for a steeple replacement for the First Presbyterian Church at 939 B Street, APN 008-361-045; and WHEREAS, after considering the public testimony and application materials, the Site Plan and Architectural Review Committee denied the project without prejudice; and WHEREAS, on March 25, 2002, the City Clerk received a letter of appeal from Brent Russell; and WHEREAS, the Petaluma City Council held a noticed public hearing on June 3, 2002; and 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 listed below apply to the First Presbyterian Church steeple replacement and hereby upholds the Russell appeal, thereby approving the steeple replacement for the First Presbyterian Church. 1. The proportion, scale, and form of the proposed steeple in relation to the existing use and architecture is appropriate. 2. The proposed steeple design is an adequate response to the original. architecture. CONDITIONS OF APPROVAL 1. The plans submitted for building permit shall be in substantial conformance with the approved plans date stamped January 10, 2002. 2. Due to the proximity of residential uses, construction hours are limited to Monday through Friday from 7:00 am to 6:00 pm. Interior work only may be conducted on Saturday from 9:00 am to 5:00 pm. Construction is prohibited. on Sundays and all federal, state, and local holidays. This condition is more restrictive than construction hours stated in Article 22 of the zoning ordinance (Performance Standards). Resolution No. 2002-085 N.C.S. 3. Construction related vehicles shall enter the site from B Street and exit the site on C Street as indicated by the circulation on the site plan date stamped January 10, 2002. At no time, shall construction related vehicles enter the site from C Street. 4. The applicant 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, commission, 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 a 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. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby 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 for on the ..........~>:d.......... day of .........JUn~ 20..0, by the following vote: ~ • ••••••••Y•••••••• Ci Attorne AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Torliatt NOES: None ABSENT: Mayor Thompso ATTEST: City Clerk Mayor Council File Res. No.........2002-D8S......N.C.S.