HomeMy WebLinkAboutResolution 90-086 03/19/1990Resolution No. 90-86 NC.S.
1 of the City of Petaluma, California
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4 DENYING APPEALS BY LONA BRANDNER, LARRY AND JUNE MARTINI, AND
5 ANDREW AND GEORGIA CORT OF PLANNING COMMISSION ACTION ON
6 KOBY CONDITIONAL USE PERMIT, AP N0.008-371-12
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8 WHEREAS, appeals of the Planning Commission's decision were appropriately filed on
9 February 26, 1990 by Lona Brandner, Larry and June Martini, and Andrew and Georgia
10 Cort; and
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12 WHEREAS, the City Council held public meeting on March 19, 1990 to consider these
13 appeals and has considered all reports, petitions, plans and testimony presented at this
14 meeting; and
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16 WHEREAS, the City Council has considered all previously submitted information, reports,
17 plans, letters, and Planning Commission minutes relative to this matter;
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19 NOW, THEREFORE, BE IT RESOLVED that the City Council finds that this project is
20 consistent with Zoning Ordinance Section 25-400 regulating non-conforming uses and
21 structures and the carriage house may be altered in use to a dwelling unit; and
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23 BE IT FURTHER RESOLVED that the City Council finds that this project, as
24 conditioned, will not be detrimental to the character of the neighborhood; and
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26 BE IT FURTHER RESOLVED that this project is consistent with the City of Petaluma
27 Zoning Ordinance and its regulations for dwelling groups and with the City of Petaluma
28 General Plan; and
Res. No. ........ _..._~ ............. N.C.S.
90-86
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BE IT FURTHER RESOLVED that the City Council finds that this project does not
constitute a nuisance nor is it detrimental to the public welfare of the community; and
BE IT FURTHER RESOLVED that the City Council hereby denies the appeals of Lona
Brandner, Larry and June Martini, and Andrew and Georgia Cort, reaffirming findings and
conditions retaining the conditions of approval adopted by the Planning Commission as
follows:
Finding:
1. The non-conforming section of the Zoning Ordinance permits the use of a non-
conforming structure to be altered, provided the non-conforming structure itself is
not altered or added to within three feet of the side property line.
2. Not all the dwelling units within a dwelling group must be located within 200 feet of
a public roadway.
3. The dwelling group, as conditioned, will conform to the requirements and intent of
the Petaluma Zoning Ordinance.
4. The dwelling group, as conditioned, will conform to the requirements and intent,
goals, policies, and objectives of the City of Petaluma General Plan.
5. This dwelling group, as conditioned, does not constitute a nuisance nor is it
detrimental to the public welfare of the community.
Reso. 90-86 NCS
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6. This project, as conditioned, will not be detrimental to the character of the
neighborhood.
7. This project is a CEQA Section 15303 Categorical Exemption, New Construction of
Small Structures.
Conditions:
1. This use permit shall permit a dwelling group consisting of two units--the existing
principal dwelling and the converted carriage house. The project shall substantially
conform to the attached site plan. No increase in the number of dwellings or
expansion of floor area for the approved two units shall be permitted without
approval of a use permit modification.
2. An automatic fire sprinkler system, subject to the approval of the Fire Marshal, shall
be provided. The riser for the sprinkler system shall be provided in the building
interior.
3. Access to the dwelling units shall be provided by an access drive a minimum twelve
(12) feet in width, subject to Community Development Department approval.
4. Prior to the issuance of a building permit for remodel of the carriage house, an
application shall be filed with the Community Development Department for the
designation of the carriage house and existing residence as local historic structures.
All costs associated with said application shall be incurred by the project owner.
Reso. 90-85 NCS
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1 5. Remodel of the carriage house shall be subject to Historic and Cultural
2 Preservation Committee review and approval prior to the issuance of any building
3 permits. All addition and reconstruction shall be consistent with the structure's
4 original design. The work shall neither adversely affect the exterior architectural
5 characteristics or other features of the property, nor adversely affect its relationship
6 in terms of harmony and appropriateness with its surroundings, including
7 neighboring structures, nor adversely affect the character, or the historical,
8 architectural or aesthetic interest of the neighborhood. The design shall be
9 evaluated considering the preservation guidelines and standards developed for the
10 "A" Street Historic District, pages 8-13.
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12 6. Plans submitted for Historic and Cultural Preservation Committee review shall
13 identify all proposed alterations to existing conditions. Plans shall include the
14 exterior appearance, color, texture of materials, and proposed architectural design
15 of the exterior of .the structure. The location of all utilities and building elements
16 including gutters, downspouts, drainpipes, etc., shall be provided.
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18 7. Plans submitted for Historic and Cultural Preservation Committee review shall
19 include elevations showing existing grade/finished floor elevation and proposed
20 grade/finished floor elevation. Proposed finished floor elevation shall be eighteen
21 (18) inches or less from existing grade.
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23 8. A landscape plan including type, size, spacing and number of plantings shall be
24 submitted for Historic and Cultural Preservation Committee review and approval.
25 The landscape plan shall address any proposed alteration to the 30 inch oak south of
26 the carriage house.
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Reso. 90-86 NCS
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1 9. An excavation permit shall be obtained from City Engineering if any work occurs in
2 the public right of way.
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4 10. Separate gas and electric meters shall be installed for each dwelling to the
5 specifications of PG&E prior to issuance of a certificate of occupancy.
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7 11. A thirty (30) foot building setback line shall be provided from the top of bank on
8 both sides of the creek. The creek shall be retained in its natural state. The existing
9 vegetation along both sides of the creek shall be retained, unless approval is
10 received from the Community Development Department.
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12 12. This project shall be responsible for the payment of special development fees
13 adopted by the Petaluma City Council including Storm Drainage Impact, Sewer and
14 Water Connection, School Facilities, Community Facilities Development and
15 Dwelling Construction.
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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 t~ ,~
Council of the City of Petaluma at a (Regular) ou~~x~l~xreeeting
on the .....19t1z........... day of ................Mach......-.....................-., 19.9.0.., by the ~
following vote: ...-
AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor Sobel
NOES: 0
ABSENT: 0 ,~A~B/STAIN: Mayor Hilligoss
ATTEST : ............... ... ..~~''L ......---...-.-........-------.........-..
ty Clerk
Gbuncil File ......... ...................
9 0 ~8 6 N.c.s.
CA 10-85 Res. No . ..........................