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HomeMy WebLinkAboutResolution 00-184 N.C.S. 10/02/2000 lZesolution No. 00-1 ~4 N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA IDEN~'ING THE DRANIT APPEAL OF THE PLANNING COMMISSION DECISION TO UPHOLD THE ADMINISTRATIVE APPROVAL OF THE SMITH/PRICE CONDITIONAL USE PERMIT AND EXCEPTION 815 I) STREET, APN 008-292-003 WHEREAS, on May 9 and June 13, 2000, the Planning Commission held a public hearing to consider the appeal of Warren and Susan Dranit of an administrative approval of a Conditional Use Permit and Exception to allow construction of a 576 square foot, second-story Accessory Dwelling Unit above an existing detached accessory structure, located 1' 10" from the side property line rather than the required 4 feet, at 815 D Street, APN 008- 292-003; and WHEREAS, at said public hearing the Planning Commission denied the appeal and upheld the administrative approval; and WHEREAS, on June 26, 2000, the City Clerk received a letter of appeal from Warren and Susan Dranit of the Planning Commission decision; and WHEREAS, noticed public hearings were held by the City Council on July 17 and October 2, 2000. NOW, THEREFORE, RE IT RESOLVED that the City Council, based on the evidence and testimony presented for the record at the public hearings on July 17 and October 2, 2000, hereby finds that the findings listed below apply to the Smith/Price Accessory Dwelling and hereby denies the Dranit appeal, thereby allowing construction of the Smith/Price Accessory Dwelling Unit subject to the conditions listed below. CEQA Finding• The project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15303, Class 3, which allows construction of small structures. Findings for Exception: 1. The encroachment is consistent with the prevalent development pattern in the immediate area. The surrounding properties have structures that are also located within the required setbacks. 2. The encroachment will not adversely affect the privacy of neighboring properties because the second- story accessory dwelling unit and garage addition will be adjacent to the neighbor's garage. In addition, the southern elevation does not contain any windows. Reso. 00-184 NCS Page 1 3. The encroachment will not significantly increase shading of adjacent properties. The existing garage is located on the southern side of the lot; the structure, proposed to be less than the maximum allowable height limit, will not block the morning or afternoon sun. 4. Maintenance and drainage needs are accommodated by the existing 1' 10" side yard setback. 5. The design of the accessory building or structure is compatible with that of the principal dwelling and will not detract from appearance of the immediate area. The project has been designed to duplicate features found on the existing principal dwelling to make it more compatible than the existing accessory structure and to enhance the historic aspect of the property. Findings for Conditional Ilse Permit: 1. The proposed accessory dwelling unit, with approval of an Exception to side yard setbacks, meets the requirements of Zoning Ordinance Section 21-408 with regards to size, off-street parking, open space and architectural compatibility. 1. The proposed accessory dwelling unit conforms to the intent of the Petaluma General Plan. Specifically, the accessory dwelling unit aides in the provision of a range of housing types and housing for persons of all economic levels. 3. The proposed accessory dwelling unit will not constitute a nuisance or be detrimental to the public welfare of the community, because the design is consistent with the existing single-family dwelling on the site and the location of the accessory dwelling unit protects the privacy of the neighbors. Conditions of A royal: From the Planning Department 778-4301) 1. Approval is granted to allow construction of a .second-story, 576 square foot accessory dwelling unit above an existing garage and a 90 square foot addition at the rear of the garage. The construction shall be substantially as shown on the plans received in the Planning Department on June 1, 2000, except as modified by these conditions. 2. The height of the structure shall be reduced to 21 feet from finish grade to the ridge. The height restriction shall not apply to the proposed cupola. 3. The existing fence between 815 and 817 D Street shall be replaced prior to issuance of a Certificate of Occupancy. The design shall be as shown on attached Exhibit A or as mutually agreed upon by the parties. 4. Landscaping, as described in attached Exhibit B, shall be planted in a location mutually agreeable to the applicant and the neighbor at 817 D Street in the rear/side yard of 817 D Street to provide additional screening and privacy prior to issuance of a Certificate of Occupancy. Reso. 00-184 NCS Page 2 5. The Smith/Prices shall be subject to an agreement, attached as Exhibit C, which requires that the accessory dwelling be occupied as a residence within two years for a period of at least two years. 6. Pursuant to Section 20-404 of the Petaluma Zoning Ordinance, the driveway and parking area shall be paved with a durable, dustless surface prior to issuance of a certificate of occupancy. 7. The colors and materials of the addition and accessory dwelling unit shall match the existing garage and compliment the principal dwelling. 8. External downspouts shall be painted to match background-building colors. Scuppers without drainage pipes may not be installed because of probable staining of walls (overflow scuppers are excepted). 9. Any exterior lights shall be shown on the plans submitted for building permit. All lights attached to buildings shall provide a soft "wash" of light against the wall and shall compliment the building architecture. 10. Construction activities shall comply with applicable Zoning Ordinance and Municipal Code Performance Standards (noise, dust, odor, hours of construction, etc.). 11. All work within a public right-of--way requires an excavation permit from the Department of Public Works. 12. This Conditional Use Permit may be recalled to the Planning Department for review at any time due to complaints regarding lack of compliance with conditions of approval, noise or odor generation or any other adverse operating characteristics. At such time, the Planning director may revoke this approval or add/modify conditions of approval. 13. 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 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. From the Fire Marshal (778-4389 14. The distance from D Street to the furthest wall of the structure exceeds 150'; therefore, a 13-D fire sprinkler system is required. 15. Smoke detectors shall be installed per the UBC. Reso. 00-184 NCS Page 3 From the Building Division (778-4302) 16. All exterior walls less than 3 feet from the property line must be a fire resistive construction assembly, and no windows and doors are allowed per CBC/LTBC Chapter 5. 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 Council of the City of Petaluma at a Regular meeting on October 2, 2000, by the following vote: Approved as to form: Ci Attorney AYES: Healy, Cader-Thompson, Maguire, Hamilton, Vice Mayor Torliatt, Mayor Thompson NOES: None ABSENT: None ATTEST: City C1 Mayor Reso. 00-184 NCS Page 4 AGREEMENT REQUIRING; THAT ACCESSORY DWELLIl\1G BE OCCUPIED AS A DWELLING UNIT This Agreement is entered into voluntarily by and between .Daniel Smith and Susan Price (Smith(Price) and the City of Petaluma (City). • VI~~REAS, Smith/Price submitted an application for Conditional Use Permit and Exception to allow construction of a 576 square foot accessory dwelling unit as a second story on an existing detached garage; • WHEREAS, Smith/Price at the time of submittal of the application and the public hearing on the application had no immediate irrtention fo use the structure as a dwelling unit, but rather intended to use it initially as a study, but subsequently formed the intention to use the: structure as a dwelling; 1NIiEREAS, the height requested and. being allowed by the City Council is only allowed for a building that is an accessory dwelling unit; WHEREAS, the accessory dwelling under the Petaluma Zoning Ordinance is a single-family dwelling unit`. in an R-1 Zone subordinate to an existing single-family dwelling and which meets criteria outlined in Petaluma Zoning Ordinance Section 21- 408; WI-~REAS, -the condition of approval of• the Conditional Use Permit requires Smith/Price to enter into an agreement which requires. that the accessory dwelling would be occupied as a dwelling unit within the next two years for a minimum of two years; WHEREAS, the •granting of the Conditional Use. Permit would not have been forthcoming from the City Council but for the entering into this Agreement and compliance therewith by Smith/Price; IT hS THEREBY AGREED by the parties as follows: 1. The ,recitals set forth above are true and correct. 2. That the subject accessory dwelling unit shall be occupied as a primary ' dwelling unit for-persons other-than the Applicants' and their children within the next two years for a minimum of two years. Smith/Price agrees to provide written notice of such occupancy as a residence to the City of Petaluma and to record owners of property sharing; a common boundary with the Smith/Price property upon commencement of such use. 3. If Smith~Price fails to comply with the provisions of this Agreement, the City of Petaluma may notice a public hearing before the Planning Commission to revoke 1 the Conditional .Use `Permit and. all other entitlements granted by the City pursuant to the application described above. The decision of the Planning Commission may be appealable- to-the City Council upon written appeal within 15 days from the date of the Planning Commission's determination. Further, if Smith/Price fails to comply with this.. Agreement, said structure shall not be used for any other .purpose during the two (2) year period in which the structure was to be used as a primary .dwelling pursuant to this Agreement. In addition, if it is determined by the .Planning Commission and by the City Council if there is an appeal, that Smith/Price has not complied with the provisions of this Agreement, Smith/Price shall pay to the City the sum of $10,000.00, and shall remove all fixtures and improvements which make. the subject structure an accessory dwelling rather than an accessory structure. The City has the right; but not the obligation, to proceed in any manner and obtain any and all remedies available to it, but not limited to, filing of liens on the subject property. 4. Smith/Price hereby agrees to all of the conditions of approval pertaining to the application above-referenced and accepts the. benefits .thereof. 5. This Agreement shall be binding upon. the heirs, executors, administrators, successors in interest, .and assigns of Smith/Price and "shall run with the land. This Agreement shall expire upon .compliance with the: terms thereof. Upon the written - request of Smith/Priee, the City, if it determines there has been compliance with this Agreement,. shall verify in writing to Smith/Price that the terms of this Agreement have been complied with. If the City .fails to respond to a request to verify compliance within 60 days from receipt of a request therefor, with either such a verification in recordable form,. statement of need for further evidence, or a statement .setting forth any points of non-compliance, it shall be conclusively presumed that the terms of this Agreement have been satisfied and the City shall record a notice of satisfactory compliance with this Agreement. 6. This Agreement ..shall be recorded. DATED: , 2000. DAI~'IEL SMITH SUSA1~1 PRICE CTTX OF P~T`ALUMA BY: ~ 2