HomeMy WebLinkAboutResolution 2007-204 N.C.S. 12/03/2007 Resolution No. 2007-204 N.C.S.
of the City of Petaluma, California
UPHOLDING THE DECISION OF THE PLANNING COMMISSION
TO UPHOLD THE ADMINISTRA'T'IVE APPROVAL
OF AN EXCEPTION TO THE SIDE YARD SETBACK
AT 327 HOWARD STREET, APN 006-242-006
WHEREAS, on July 3, 2007, an exception to the required rear and side yard setbacks for
detached accessory structures to allow the reconstruction of a detached garage adjacent to the
rear and side property lines at 327 Howard Street, APN 006-242-006, in the Oakhill-Brewster
Historic District was administratively approved; and,
WHEREAS, on July 17, 2007, an appeal to the Planning Commission of the
administrative approval of the exception to the side yard setback was received. from Diana
Faraone; and,
WHEREAS, on September, 25, 2007, the Planning Commission held a public hearing to
consider the appeal from Diana Faraone of the administrative approval of an exception to the
required side yard setback for detached accessory structures; and,
WHEREAS, at the public hearing the Planning Commission uphel~
t~administrative
approval of the exception to the side yard setback; and,
WHEREAS, on October 9, 2007, the City Clerk received a letter of appeal of the
Planning Commission decision from Diana Faraone; and,
WHEREAS, the Petaluma City Council held a noticed public hearing on December 3,
2007.
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 Tolson Exception and hereby upholds the Planning
Commission decision to uphold the administrative approval of the exception, thereby allowing
Resolution No. 2007-204 N.C.S. Page 1
the reconstruction of a detached garage adjacent to the side property line.
Findings
1. The proposed project is exempt from the provisions of the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines Section 15305, Class 5(a), Minor Alterations in
Land Use Limitations, which allows setback variations.
2. The proposed project, as conditioned, is consistent with the Urban Standard General Plan
land use designation which contemplates single-family residential uses.
3. The project, as conditioned, is consistent with the uses allowed in the One-Family Residence
(R-1:6,500) zoning district and the height limit for detached accessory buildings.
4. The proposed rear and side yard setback is consistent with the prevalent development pattern
for similar buildings in the area based on the expanded site plan submitted to the Planning
Division and date stamped May 17, 2007 which shows several garages and other structures
with no side yard setback and/or with no rear yard setback.
5. The location of the reconstructed garage will not adversely affect the privacy of adjacent
properties in that the garage will be reconstructed in the same location with the same
footprint and there are no windows or openings facing the adjacent properties.
6. The location of the reconstructed garage will not significantly increase shading of adjacent
properties in that the garage will be reconstructed in the same location with the same
footprint. The height of the garage will be slightly higher that the original garage in order to
comply with the Oakhill-Brewster Historic District Guidelines; however, the increase in
height is minor and has been reviewed by the adjacent property owners.
7. The proposed project, as conditioned, will include provisions to accommodate drainage and
maintenance needs. The City Engineer has reviewed the project and. conditions have been
applied to the project as necessary to ensure that there is no offsite drainage.
Resolution No. 2007-204 N.C.S. Page 2
8. The design of the garage is compatible with the design of the residence and will not detract
from the appearance of the immediate area. The project site is located in the Oakhill-
Brewster Historic District. As part of the application materials, a historic resource report
prepared by Diana Painter was provided that concluded that the design of the garage is
consistent with the Oakhill-Brewster Historic District Guidelines and Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings;
appropriate for the building; and compatible with the existing residence.
9. A notice of administrative action was published in the Argus Courier and mailed to all
property owners and occupants within 500 feet of the subject property. One written comment
was received in response to the notice expressing concern over the location of the rear
property line. Conditions of approval have been applied to this project to address this concern
(see City Engineer Condition #9 and Planning Condition #3).
10. The proposed project, as conditioned, will not constitute a nuisance or be detrimental to the
public welfare of the community in that it will be operated in conformance with the standards
specified in the Uniform Building Code, the Petaluma Zoning Ordinance and the 1987 City
of Petaluma General Plan. (Except as Modified by the Conditions for Noise).
Conditions of Approval
1. The conditions of approval included in the approval letter dated July 3, 2007 are herein
incorporated by reference as the conditions approval for the project.
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 Appr v d as to
Council of the City of Petaluma at a Regular meeting on the 3`d day of December, o
2007, by the following vote:
City At~orney
AYES: Barrett, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt ~
NOES: None
ABSENT: Freitas
ABSTAIN: None ~
1
ATTEST:
eputy City Clerk Mayor
Resolution No. 2007-204 N.C.S. Page 3