HomeMy WebLinkAboutResolution 2006-107 N.C.S. 06/05/2006 Resolution No. 2006-107 N.C.S.
of the City of Petaluma, California
DENYING THE APPEAL BY RICK COSTA AND ROBERT RAMIREZ OF THE
ISSUANCE AND RECORDATION BY THE CITY OF A CONDITIONAL
CERTIFICATE OF COMPLIANCE FOR PROPERTY AT 800 CINDY LANE
APN 006-562-015; FILE #OS-COC-0594-CR
WHEREAS, on September 28, 2005 a Certificate of Compliance application for 800
Cindy Lane was filed on behalf of the property owners; and,
WHEREAS, on November 16, 2005, the City Attorney's office recommended that the
City issue a conditional certificate of compliance for the property imposing those conditions,
including minimum lot size, that would have applied to the property on the date of its purchase
by Appellants, September 15, 1979; and,
WHEREAS, on March 14, 2006 a Conditional Certificate of Compliance was recorded
by the City in the Official Records of the County of Sonoma, California, pertaining to the
property at 800 Cindy Lane, stating that the subject property "should be deemed lawfully created
under the Subdivision Map Act for purposes of sale, lease, or financing" and further requiring
that, prior to any development of the site, zoning standards applicable at the time Appellants
purchased the property in 1979 must be satisfied, namely, compliance with the minimum lot area
requirement of 6,500 square feet; compliance with the minimum lot depth requirement of 100
feet; and compliance with the minimum lot width requirement of 65 feet; and,
WHEREAS, on March 30, 2006, Appellants filed an appeal to the City Council with the
City Clerk contending that: Appellants are entitled to the issuance of an unconditional Certificate
of Compliance and that compliance with the above described zoning standards should not be
required; and that even assuming a Conditional Certificate of Compliance could be issued by the
City, the conditions contained in the Certificate are improper; and,
WHEREAS, the City Council scheduled the appeal for May 1, 2006 and continued it to
May 15, 2006 at the request of the applicant; and,
WHEREAS, the City Council heard said appeal on May 15, 2006 and June 5, 2006.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma, following a public hearing and consideration of all of the evidence in the record, does
hereby deny the appeal of Rick Costa and Robert Ramirez based on the following findings:
1. That Government Code §66412.6 provides that the City may require a conditional
certificate of compliance and that Government Code §66499.35 provides that the City
may impose conditions on the certificate of compliance that could have been imposed
on the owners of the Property at the time they acquired their interest in the Property.
Resolution No. 2006-107 N.C.S. Page l
2. That purchase of the Property at a tax sale does not negate the owners' obligations to
comply with zoning requirements, requirements for a building permit or other lawful
restrictions on the use of the Property.
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 t
Council of the City of Petaluma at a Regular meeting on the 5`h day of June, 2006, ~ ~ form:
by the following vote:
City Attorney
AYES: Vice Mayor Canevaro, Mayor Glass, Harris, O'Brien, Torliatt
NOES: Healy, Nau
ABSENT: None
.ABSTAIN: None
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ATTEST: l./~G`.' `.'`i ~
City Clerk Mayor
Resolution No. 2006-107 N.C.S. Page 2