HomeMy WebLinkAboutResolution 97-060 03/03/1997 .Resolution No. 97-so N.C.S.
of the City of Petaluma, California
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4 SUSTAINING AN APPEAL OF THE PLANNING COMMISSION'S
5 DENIAL OF A CONDITIONAL USE PERMIT TO AUTHORIZE AN ILLEGAL
6 ACCESSORY DWELLING AT 5.11 G STREET
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9 WHEREAS, Mr. Steve Compagno applied for a Conditional Use Permit on December 4,
l0 1996 to authorize an illegally constructed accessory dwelling at 511 G. Street; and
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12 WHEREAS, the Conditional Use Permit: was referred to the Planning Commission for
13 consideration; and
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15 WHEREAS, the Planning Commission received testimony from three neighbors opposed
16 to the request; and
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I8_ WHEREAS, on ,ianuary 28, 1997, the Planning Commission denied_a request from Steve
t9 Compagno for a Conditional Use Permit to authorize an illegaLaccessory dwelling at 511
20 G Street, AP No. 008-261-009.
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22 WHEREAS, an appeal of the Planning Commission decision was filed on February 10,
33 1997;
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25 WHEREAS, the City Council held a public meeting on March 3, 1997 to consider the
z6 appeal and all documentation and testimony submitted on the matter;
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zs NOW, THEREFORE, BE IT RESOLVED that the City Council sustains the appeal of
29 the Planning Commission's decision of January 28, 1997, and hereby approves the
3o request for a Conditional Use Permit to allow an accessory dwelling unit at 511 G Street,
3t based on the following findings, and subject to the following conditions:
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33 Findines:
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35 1. The proposed Conditional Use Permit (CUP) to authorize the legalization of an
36 existing accessory dwelling unit of 539 sq.ft. at 511 G Street will conform to the
37 requirements and/or intent of the Petaluma Genera] Plan; in that:
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39 a. The proposal will improve existing traftlc and parking congestion on G
40 Street by providing additional on-site parking with adequate circulation;
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42 b. Anew small, infil] dwelling unit will be created and added to the city's
43 housing stock.
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45 c. The housing quality, community character, and aesthetics shall be
46 maintained with the development of this parcel to allow an additional
47 dwelling unit.
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49 2. The proposed CUP to authorize the legalization of an existing accessory dwelling
50 unit of 539 sq.ft. at 51 1 G Street will meet the conditions necessary for a CUP to
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I be granted per Zoning Ordinance~Article 7, and Sections 20-300, 21-300, and 21-
2 408, in that:
4 a. A CUP is required to be approved before the commencement of any
5 construction (the dwelling unit was constructed without obtaining a CUP);
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7 b. The accessory dwelling unit as conditioned, with the associated site
8 improvements (fencing, landscaping, and parking), does not constitute a
9 nuisance nor is it detrimental to the public welfare of the community or the
l0 character of the neighborhood, as the unit has been incorporated into an
i i existing structure, and is in keeping with the development of the property.
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13 c. The input and involvement by the neighbors at the public hearing, and in
14 written material submitted to the Council were positive in nature,
15 requesting approval of the proposal with specific conditions requested to
16 address potential impacts.
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19 d. The addition to the rear of the existing single family residence of
20 approximately 210 square feet to accommodate a 539 square foot
21 accessory dwelling unit, is in close proximity to the dwelling unit on the
22 adjacent property. Conditions have been imposed requiring additional
23 fencing and landscaping to aid in the outlook, light, air and peace and
24 quiet of the adjoining residence.
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26 e. The site is able to accommodate the required open space, additional
27 parking spaces and adequate vehicular circulation;
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29 f. The accessory dwelling unit as conditioned to address parking, open space,
3o and square footage, will conform to the requirements and intent of the
31 Petaluma Zoning Ordinance,. as conditions have been imposed to insure
32 compliance with these issues.
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34 3. This project is a CEQA (California Enviromnental Quality Act) Section 15303
35 Categorical Exemption; conversion of small structures.
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37 NOTICE: Pursuant to Section 66020 of the California Government Code, the
38 applicant/developer has the statutory right to protest development fees, dedication
39 and reservation requirements, and other exactions included in this project
4o approval as follows:
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42 a. Dwelling construction in the amount of $120.00
43 b. Storm Drainage Impact fee in the amount of $15.50
44 a Traffic Mitigation Fee in the amount of $1885.00
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46 Conditions:
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48 From the Fire Marshal:
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50 1. Post the address at or near the main entry door -minimum four (4) inch letters on
51 contrasting background.
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Reso. 97-60 NCS Page 2 of 4
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I 2. Address locator required to be posted at or near the driveway entrance.
2 Reflectorized numbers are acceptable. Location and design to be approved by-the
3 Fire Marshal's office.
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5 3. Residences constructed with less than a 30 foot access shall be protected with a
6 fire suppression system in accordance with N.F.P.D. 13-D including attic spaces,
7 garages, bathrooms with combustible fixtures, bathrooms over 55 sq.fr. and
8 closets- over 24 sq. ft. or over 3 feet deep.
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l0 From the Building Division:
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12 4. Plans submitted for building permit review shall show compliance with the 1994
t3 UBC, 1994 UPC, 1994 UMC and 1993 NEC.
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15 From the Planning Department:
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t7 5. This Use Permit shall permit an accessory dwelling unit of 539 sq.fr. at 511 G
I s Street. Any future expansion of square footage shall require an amendment to the
19 Use Permit.
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21 6. Complete building permits for all work an all structures on the property shall be
22 applied for by April 3, 1997, and shall be issued by May 1, 1997, unless
23 additional time is granted by the Planning Director. All work shall be completed,
24 and fnal inspection performed by City staff (Planning and Building) by June 30,
25 ]997, unless additional time is granted by the Planning Director. Failure to
26 comply shall result in a review by the Planning Director, and possible revocation
27 of the CUP.
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29 7. A total of five (5) parking spaces shall be provided on site. These are calculated
3o at the ratio of; 1 covered, and 1 uncovered space for each of the two existing legal
37 units; 1 space (covered or uncovered) for the accessory dwelling unit. As there
32 exists now buf one covered space, the property shall construct either aone-car
33 carport or garage, to be located to the rear of the main structure on the property.
34 A building permit for such structure shall follow the timeline as detailed in
35 condition #6 above.
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37 8. The first 10 ft. of the driveway shall be improved with a City approved surface of
38 asphaltic-concrete or concrete pavement. within 90 days of this approval, so as to
39 prohibit the movement of gravel to the public right-of--way.
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41 9. An 8'-0" fence (6'-0" solid with 2'-0" lattice) shall be required along the property
42 line between APN's 008-261-009, and 008-261-002, dropping to a T-0" -fence (6'-
43 0" solid with 1'-0") lattice along the property line between APN's 008-261-009
44 and 008-261-004. A fence permit from the Planning Department shall be
45 required, subject to the, Planning Director's review and approval, and the fence
46 erected by April 17, 1997.
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48 10. A detailed landscaping and irrigation plan (indicating plant species and size) shall
49 be submitted with the building permit which reflects the proposed tree removal,
5o and the required installation of trees and shrubs along the west property line
51 abutting parcel numbers 008-261-002 and 004. Said plan shall be reviewed and
Reso. 97-60 NCS Page 3 of 4
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l approved by the Planning Director prior to the issuance of th'e Building Permit.
2 All landscaping shall be installed by April 17, 1997.
4. 11. The property, including all structures and plant material shall be maintained 'in
5 good condition at all times, Whenever necessary, planting shall be replaced with
6 other plant materials.
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8 ]2. This Use Permit may be recalled to the. Planning Commission for review at any
9 time due to complaints regarding lack of compliance with conditions of approval,
10 or other adverse operating characteristics. At such time, the Commission may
I I revoke the-use permit or add/modify conditions of approval.
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I3 13. The applicant shall defend, indemnify, and hold harmless the City or any of its
t4 boards, commission, agents, officers, and employees from any claim, action or
15 proceeding against the City, its boards, commission, agents, officers, or
I6 employees to attack, set aside, void, or annul, the approval of the project when
I7 such claim or action is brought within the time period provided for in applicable
I8 State and/or local statutes. The City shall promptly notify the
t9 applicants/developers of any such claim, action, or proceeding. The City shall
20 coordinate in the defense. Nothing contained in this condition shall prohibit the
2I City from participating in a defense of any claim, action, or proceeding if the City
22 bears its own attorney's fees and costs, and the City defends the action in good
23 faith.
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26 resocomp/x'6/jkt25
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Under thepower and authority conferred upon thiaCouncil 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) (Ad)O~N]E$7($14Y~1) meeting~"~-$
on the ......_3rd........... say of .............-March.....-------..................., 19._97; by the
following vote: `
City Attorney
AYES: Read, Keller, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: Torliatt
ABSENT: Stomps ~ ~
ATTEST: ~ ./i~~!IIr.La~':~........---.......... ..._Y -
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City Clerk ~ Ma or
Qovncil File..._..._._._.__............_
ca ~o.es Res. aa.....97,-60.......... r+.as_ Page 4 of 4
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