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HomeMy WebLinkAboutResolution 99-158 N.C.S. 08/02/1999 ' ~eSO1UtIOI1l~lO._ 9.9-158 1~1.C.~. 2 of the City of Petaluma, California 3 4 5 6 7 DENYING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF 8 AN APPEAL BY THE SAME PARTY WHICH CONTESTED THE 9 ADMINISTRATIVE APPROVAL, OF THE CARSON TENTATIVE to PARCEL MAP, 101 GRANT AVENUE, AT THE LNTERSECTION OF 11 GRANT AVENUE AND GRANT COURT, APN 008-510=006 & 079 12 13 14 WHEREAS, the Planning Commission held a public hearing on the appeal filed by Bryant 15 Moynihan of the Larson Tentative Parcel Map (file no. TPM99001), on June 22, 1999, after 16 giving notice of said hearing in the manner, .for the period, and in the form required by 17 Ordinance No. 1072 N.C.S., as amended; and 18 19 WHEREAS, at the end of the public hearing the Planning Commission voted 4-1 to deny the 20 appeal on all points raised by the appellant, as documented in the Commission staff report and 21 meeting minutes of June 22, 1999; and 22 23 WHEREAS, the City Council held a public hearing on August 2, 1999 on the appeal filed. by 24 Bryant Moynihan contesting the Planning Commission's determination, after giving notice of 25 said hearing, in the manner, for the period, and in the form required by Ordinance No. 1072 26 N.C.S., as amended; and 27 28 WHEREAS, the City Council has reviewed the Planning Commission staff report and meeting 29 minutes, and taken public testimony on the appeal; and 30 31 WHEREAS, the City Council hereby denies the appeal based upon the following findings: 32 33 1. That the Planning Commission reviewed the documentation of the June 22, 1999 34 Commission staff report, heard public testimony, and denied the appeal of the Larson 35 Tentative Parcel Map. Resolution No. 99-1 518 N.c.s. Page 1 of 2 1 2. That the Larson project, as a four lot land division with a designated remainder, is 2 consistent with the Subdivision Map Act and with Title 20, Subdivisions, of the 3 Municipal Code. Therefore, a Tentative Parcel Map is appropriate for the project and a 4 Tentative Subdivision Map is not required. 5 6 3. That the Larson project will provide frontage improvements, including sidewalks, to the 7 southernmost end of the remainder lot, which is appropriate to address the impacts of the 8 project. 9 10 4. That the conditions applied to the Larson Tentative Parcel Map are appropriate to the 11 project and are the same conditions which would be applied regardless of whether it was 12 a Tentative Subdivision Map. 13 14 5. That requiring a sidewalk from the end of the Larson remainder parcel to "I" Street 15 would not meet the nexus requirement, and that this is not an appropriate condition to 16 apply to the Larson map regardless of whether it is a Tentative Parcel Map or a Tentative 17 Subdivision Map. 18 19 6. That it is appropriate to designate the remainder lot as such since there is an existing use 20 on the site, the use will continue, and there is no ability to subdivide the lot further. 21 22 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Petaluma does 23 hereby deny the appeal of the Larson Tentative Parcel Map. 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) (~,)b1si~)6) meeting form on the .2nd day of ........August...................................., 19..99., by the following vote: City Attorney AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Maguire, Mayor Thompson NOES: None ABSENT: Keller ATTES'T': .-.....y City Clerk Ma or Gbuncil Films........._ ~ ~ «,.H~ ~z~ N~,.....9.9-.15$....... rv.cs. Page 2 of 2