HomeMy WebLinkAboutResolution 96-043 N.C.S. 02/05/1996Resolution No. s6-43 N.C.S.
of the City of Petaluma, California
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5 BY THE CITY COUNCIL OF THE CITY OF PETALUMA DENYING AN APPEAL
6 BY TIM CONNOR, ANGELA AND GEORGE DOWD, AND IRENE AND
7 VOORHEES MOUNT, AND APPROVING AN EXCEPTION TO THE
8 DEVELOPMENT STANDARDS OF THE PETALUMA ZONING ORDINANCE FOR
9 THE ACCESSORY BUILDING AT 902 F STREET, APN 008-371-019
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12 WHEREAS, on October 17, 1995, Claudia Cleaver filed an application requesting an
13 exception from the development standards of the Zoning Ordinance to allow the
14 renovation of an existing non-conforming accessory structure (not a dwelling unit) located
15 in the rear yard of 902 F Street to encroach 3'-10" into the required 5'-0" rear yard
16 setback, and 2'-6" into the required 3'-0" side yard setback; and
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18 WHEREAS, a public notice was published in the Argus-Courier on November 17, ]995,
19 and a 10-day notice was mailed to all properties within 300' of the subject property; and
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21 WHEREAS, Planning staff received 2 responses to the notice; both letters citing
22 opposition to the granting of an exception which would allow the structure to remain
23 closer to their properties than typically allowed by the Ordinance; and
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25 WHEREAS, the Planning Commission at their November 28, 1995 meeting, opened the
26 public hearing, received testimony, and concluded that given the conditions imposed to
27 address setbacks, privacy, drainage patterns, building maintenance, and design, approved
2s the exception with modification.
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30 NOW THEREFORE, BE IT RESOLVED that the City Council denies the
31 Connor/Dowd/Voorhees appeal and sustains the Planning Commission's November 28,
32 1995 approval (with modification) of an exception to the setback standards of the Zoning
33 Ordinance to permit the renovation 'of the non-conforming accessory building at 902 F
34 Street to maintain a side yard setback of 6" with the obtaimng of a recorded maintenance
35 easement and a rear yard setback of I'-2", based on the findings and considerations and
36 subject to the conditions set forth below:
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38 Findings:
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4n 1. The existing accessory structure, as conditioned to address setbacks will conform
41 to the requirements and intent of the Petaluma Zoning Ordinance Section 21-
42 201(f)(1 through 5) as it is consistent with the prevalent development pattern in
43 the residential district in which it is located.
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45 2. The existing accessory structure, as conditioned to address privacy will conform to
46 the requirements and intent of the Petaluma Zoning Ordinance Section 21-201(f)(1
47 through 5) as no openings (doors, windows, etc.) shall be permitted on the south
48 and west building elevations, and shall not exceed 15'-0" in height.
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.50 3. The existing accessory structure, as conditioned to address maintenance will
51 conform to the requirements and intent of the Petaluma Zoning Ordinance Section
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21-201(£)(1 through 5), as sufficient area shall be provided from the rear property
line (18 +/- inches) or maintenance easements shall be obtained from adjacent
property owners.
4. The existing accessory structure, as conditioned to address drainage patterns will
conform to the requirements and intent of the Petaluma Zoning Ordinance Section
21-201(£)(1 through 5), as gutters and drains shall be constructed such that there is
no lot-to-lot drainage.
5. The existing accessory structure; as conditioned to address design will conform to
the requirements and intent of the Petaluma Zoning Ordihance Section 21 201(£)(1
through 5), as the building shall be painted to match the principal dwelling unit.
6. The proposed exception, as conditioned, will conform to the requirements and
intent, goals, and policies of the Petaluma General Plan, specifically; to preserve
the City's architectural heritage by preserving an older structure.
7. The existing accessory structure will not constitute a nuisance or be detrimental to
the public welfare of the community as conditions have been imposed to facilitate
rehabilitation of a vacant structure, while preserving the architectural flavor and
privacy of an existing neighborhood.
8. This project is Categorically Exempt under CEQA Section 15303, Conversion of
Small Structures.
Conditions:
From the Chief Building Official:
1. The west and south walls of the building shall have no openings, shall be two (2)
hour rated, and shall comply with the Uniform Building Code.
From the Fire Marshal:
2. The use of extension cords in-lieu of permanent wiring is prohibited.
3. In residential buildings less than 3,500 sq.ft. in floor area, provide fire suppression
system at normal sources of ignition. These areas are specifically at clothes dryers,
furnaces, water heaters, fireplaces and in attic areas at vents and chimneys for
these appliances and equipment. In addition, spare sprinklers (one of each type in
the residence) and wrench shall be provided in a red spare sprinkler box in the
garage.
4. Provide smoke detectors in all sleeping rooms and common hallways. Detectors
shall be provided hardwired with battery backup. Electrical circuits supplying
detectors shall be separate dedicated lines with no other devices on the circuits.
From the Engineering Department:
5. Repair sidewalk across street frontage.
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Reso. 96-43 NCS
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6. Pave driveway minimum 10' from back of sidewalk.
From the Planning Department:
7. A restriction shall be placed on the grant deed for the property precluding future
establishment of an accessory dwelling unit. Such restriction shall be recorded by
the applicant with the Sonoma County Recorder's office prior to the issuance of a
building permit within 30 days of this approval, with a copy provided to the
Planning Department.
8. Within 30 days from the issuance of the building permit, the fence shall be
completed (lattice erected), and inspected by the Building Division.
9. Building permit shall be applied for and obtained within 90 days of the date of this
decision. Prior to the issuance of a building permit to perform this work, the
property owner shall:
a. acquire a maintenance easement from 900 F (side yard), with conformed
copies as recorded with the Sonoma County Assessor's office filed with the
Planning Department within one year of the date of this decision; and
b. confirm the location of the property line and move or modify the accessory
structure so that it provides a 1'-2" setback from the rear property line
within one year of the date of this decision.
] 0. The accessory structure shall be painted to match the principal dwelling unit.
11. The applicant shall, at time of building permit submittal, provide a site plan
indicating drainage patterns, and the provisions to preclude lot-to-lot drainage.
Roof drainage shall comply with this condition.
12. Finish height of the.accessory structure shall not exceed 15'-0".
13. No expansion (square footage or height) of this structure shall be permitted
without additional review and approval.
Reso. 96-43 NCS Page 3 of 4
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4 14. The applicant shall defend, indemnify, and hold harmless the City or any of its
5 boards, commission, agents, officers, and employees from any claim, action or
6 proceeding against the City, its boards, commission, agents, officers, or employees
7 to attack, set aside, void, or annul, the approval of the project when such claim or
8 action is brought within the time period provided for in applicable. State andlor
9 local statutes. The City shall promptly .notify the applicant of any such claim,
l0 action, or proceeding, The City shall coordinate in the defense. Nothing
11 contained in this condition shall prohibit the City from participating in a defense of
12 any claim, action, or proceeding if the City bears its own attorney's fees and costs,
73 and the City defends the action in good faith.
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15 15. Rear yard debris to be cleaned within thirty days of date of this decision.
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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) meeting !' C l~
on the ...--.5X11.._........ daY of ..................F.8kC1ta.C:g......................, 19...E&., by the /
following vote: - - -~~------~-----~~-~
City Attorney
AYES: Hamilton, Maguire, Read, Shea, Vice Mayor Barlas
NOES: Stompe, Mayor Hilligoss
ABSENT
ATTEST:
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None
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