HomeMy WebLinkAboutResolution 8016 N.C.S. 12/12/1977 w ,
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" "' PESOLUTIO T ,APPROVING, CERTIFICATE: OF CpMPLIANCE F,On
EVELYN :BETTINI, AP 7-431 -,62
a ~ 4 . ,:
' ' INTRODUCED BY COUNCILMAN, _ _ - m- ,
Patricia Hill coo s s n' _ . , " and
1 SECONDED BY COUNCILMAN» " ' ' ' , G` -- .Roland Bond ....at -
t - o o
AdJ : ;: - -- - - . eeting .of' th °ey "City C until. cof the
City Petaluma, the ' . 1 ' 2 th day. of .; _ - --:F ._ ` _.= December.,. - - - -- ......... L„', 19/-
LIERLA'S the, owner .o f certain real ro ert in the C
b7� ,. ,p p; y city
' Exhibit. "A "' - hereto and made.
�' of�,P etaluma d'es,cri�b'e�d..n atta_che,d` .a
part here_o,°f has .requested .. J
ands p . therefor
_ I a ted a certificates of ,tom l:iance
;,
P q
_" {' ' T_ W�IEREAS, this '.Council is empowered to approve such a Certi
_
l' f icat .. "even', though trhe.. s,ubject property does; not .:Comply„ with „
p M ap' Act o "r the Pe taluma ..,Sub.- I
the ro,�isibn of the ,Subdivision. _
division Ordinance provided the applicant complies with certain
con_ditn 'a
ios;' nd , ,. :
,r II-IEREAS -
:' ° � �' , " the ,Paanniri,g Dep,a men't has .'made it's. report,: `
„ r r NOW,, THEREF0RE, BE IT ,RESOLVED that this Council, , does hereby
find, 'as foll-ows;: .
1
1.,'" .The {subject: property does not comply with 'the ;provisions"
o'f, the. Subdivision Map Aet or of:` the 'P Subdivision ,
.r. . O-- rdinance;'.' . : . "
2 w Notwithstanding finding No 1, the public' 'heal'th, : . safety,
we lfa r e, will b e ;ser"ved by iss =u
and in�g a Certificate o'f
Compliance for the subje'et property,; Subj,e'et to ,certa in
, „ .F.1. conait ones:
B IT FURTHER " RESOLVED that .this. C'oun,ci..1 ` d o es
F • {
E , hereby ,grantA, '
an"d approve, the ;recordation, Of the Ce tif` cate of Compliance apt"-
'' eto, as Ehibit,,, B for the' subject .p bj,e
tacked her subject t to
the conditions stated therein
.,', :BE?" IT FURTHER RESOLVED" that, the Planning Dir- rcto -t. be, and -
' h'e 'ms hereb. J authorized to :execute ',s °aid; ',Certificate of Coins - -.
pliance; The City Clerk. :'is „hereby directed to record .,said,Cer --
ti.f:J.: fi co 1 pan with t Sonoma Co: irit Recorder-.
.. p ca to O y aid 'City. ; •
und er.' the over, and aut p 1 ,
� Y.
nferred u on this Council 6' �'e Ch of said .
I hereby eerti fy thatthe foregoing Resolution was , duly ,a nd! regularly introduced and ' • ' - r `
.,: , adopted by the Council of'the City of `Petaluma on the "
y __ : ,
da o f .December, 19 77 , i�ythe f v ot es: . •
' ' AYES:: Councilmen= :BalS aw,, Bond., Cava nagh, Harb:erson -,
E �g y,/ Y , .
� Hilli oss' Perr, and ,Mal or .P.u,tna�m
r , NOES None I •
.. ABSENT: . ,Nor e . e ti • ' . a ,
ATTEST: : � -° ,� . _ .
- = "City Clerk 7 - J .Mayor
ire FORM'CP.' 7„/.74z '' ,
R F_.3. N 0 16_0142 „ .
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10-01-73464
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The land referred to in this Report is situated in the State of California, County of Sonoma ,
City of Petaluma and is described as follows:
Being a portion of Parcels Two and Three, as described in deed
- _ from Wallace P, Gale, et ux, to Merrill Estate Company, et al,
dated February 17, 1955 . and recorded., April 8, 1955 in Book 1339
of Official Records, page 337, under Recorder's' Serial No.
• E-46627, Sonoma County Records, said portion described as
• follows:
Beginning at the most Northerly' corner of the 5..734 acre tract
described as Parcel One in deed to the State of California,
da MAy 6, 1954 and recorded July 6, 1954 under Recorder's
Serial. No E-24411, Sonoma County Records; thence along the
Northeasterly line of said tract, South 45° 18'' East 1369.80
feet to the Northwesterly line of Denman Road; thence along
said Northwesterly line, North 33° .50' 32" East 15.27 feet;
thence South 45 °'18' East 30.55 feet to the Southeasterly line
of the said Parcel Three as described in deed to Merrill Estate
Company; thence along said line North 33° 41' East 1290.0 feet,
more or'less, to the most Easterly corner of said Parcel Three;
thence South 89° 34' West along the Northerly line of said
Parcels Two and Three as described in deed to Merrill Estate
Company, 1556.90`: feet to the most Northerly corner of Parcel
•
Two in said deed; thence South 49 °'40' 15" West 142.78 feet to
the point of beginning.
EXCEPTING THEREFROM that certain parcel of real property con -
veyed to .Joseph M. Agnese, et ux, by deed recorded June 30, 1965
under Recorder's SerialNo. J- 50637, Sonoma County Records.
Assessor's Parcel No,: 7-431-2 •
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SPECIAL INFORMATION
Unless shown in the'body of this preliminary report there appears of record no transfers or agree-
ments to transfer the land described herein recorded during the period of months prior to the date of
this report, except as follows:
none. " -
•
Shoat term rate does not apply,
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recorded', ase mail to:
-
Wh._n r corded;
Petaluma City Cl k •
P. O. Box 61
Petaluma, CA 94952
CERTIFICATE OF COMPLIANCE - LAND DIVISION
(Government Code, Section 66499.35 and
local ordinances enacted pursuant thereto)
•
CITY OF PETALUMA, a California municipal corporation, acting
at the request of Evelyn Bettini
the owner of the real property herein described, pursuant to Sec -
tion 66499.35 of the .State of California Subdivision. Map act, and
of local ordinances enacted pursuant thereto, hereby certifies
1. That the real property and/or the division thereof des-
cribed herein does not comply with the applicable provisions of
the Subdivision Map Act and of local ordinances enacted pursuant
thereto; and,
2. That the issuance and recordation of this Certificate of
Compliance has been duly authorized and approved by the City. Coun-
cil of the City of Petaluma by Resolution No. 8016 N.C.S.; and,
3. That the following conditions are imposed in granting
this Certificate of Compliance to be 'fulfilled and implemented by
the applicant or applicant's grantee
a. The owner must assure adequate access to A.P. #7 - 431 -03 either
across A.P. #.7 - 431 -02 or across another property.
b. All public improvements deemed necessary by the City shall be
installed when the subject property is improved.
c. No building shall be located within areas subject to inundation
by a 100 -year flood. .
CAVEAT: Recordation of this instrument does NOT i ndicate or
ir?ly that the subject property complies in any respect with the
zoning code of the Petaluma City Zoning Ordinance including, but
not limited to, requirements of said code with respect to lot area, .
street frontage or lot width.
The real property affected by this acUcn is situated in the
City of Petaluma,. County of Sonoma, State of California, and is com-
monly known as Assessor's Parcel(s) No. 7-431-02
and is particularly described in Exhibit "A ", attached hereto, and
made a part hereof for all purposes.
Date of Issuance December 12, 1977
CITY OF PETALUMA, a California muni-
cipal corporation
By : ..1-✓
Planning Director
E
Y: t ■
(41ALUMA CITY PLANNING. COMM(..ION
• RESOLUTION NO, V 15-77
• .Introduced by Commissioner Seconded by Commissioner
• HEAD • WIGHT
RESOLUTION OF FINDINGS OF FACT AND RECOMMENDATION BY THE PETALUMA CITY
PLANNING COMMISSION WITH RESPECT TO THE APPLICATION OF
WAYNE & URSULA GARDINER FOR A VARIANCE
• •
BE IT RESOLVED that the Planning Commission finds that on the 20th day of
December , 19 Application No.1561 for a variance Order under
• Zoning Ordinance NO. 1072 N.C.S. was filed by Wayne and Ursula Gardiner
who requested a variance order with respect to the property known as and located at
35 La Cresta Drive •
• in the City of Petaluma, consisting of the following:
To consider a 41/2 foot variance from the required front yard setback to
accommodate an addition to the dwelling
•
Said application was accompanied by a filing fee of $50.00 and upon receipt thereof a
notice of public hearing was given in the manner and for the period required by Ordinance
Ito. 1072 N.C.S. That on the 20th day of December , 1977, in the Council Chambers at
the City Hall, Petaluma, California, at the hour of 7:30 o/clock P.m,, being the time and
place set forth in said notice, a public hearing was held on said application for a
variance and after the conclusion thereof the Planning Commission finds:
• •
(1.) That there are peculiar and unusual conditions inherent in the property in
are/are not
question sufficient to cause a hardship, and that such conditions are 'nOt common to all or,
• are/are not
• most of the properties in the immediate area.
(2) Thet a hardship peculiar to the property and not created by any ac* of the owner
does exist. (In this context personal, family or financial difficulties, 'loss of
does/does not
prospective profits; and neighboring violations are not hardships justifying a variance.) •
• (3) That such variance is necessary for the preservation and enjoyment of
not
substantial property rights possessed by other properties in the same zoning district and in
the vicinity, and that a variance, if granted, would not constitute a special privilege
would/would not •
• of the recipient not enjoyed by his neighbors.
(4) That the authorizing of such variance shall not be of substantial detriment
shall not be/w1:21 be
to adjacent property, and will not materially impair the purposes of Ordinance No. 1072
will/will not
N.C.S. or the public interest.
(5) That all conditions and requirements of Section 26-303 of Zoning •Ordinance No, 1072
N.C.S., as amended, have been-AcomPlied
hdvezihave no.,t
PL -8 -4/73
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