HomeMy WebLinkAboutResolution 2005-182 N.C.S. 10/17/2005 Resolution No. 2005-182 N.C.S.
of the City of Petaluma, California
DENYING THE APPEAL OF BRIAN HEIM REGARDING A CONDITION OF
APPROVAL OF A TENTATIVE PARCEL MAP REQUIRING CONFORMANCE WITH
APPLICABLE ZONING REGULATIONS PRIOR TO RECORDATION
(26 Cherry Street)
WHEREAS, on February 28, 2005, Brian Heim f led an application for a tentative parcel
map to subdivide the property at 26 Cherry Street; and,
WHEREAS, in a letter dated March 29, 2005, the City of Petaluma Planning Department
informed Brian Heim that said application for a tentative parcel map was incomplete; and,
WHEREAS, said application for a tentative parcel map was determined by the City to be
complete on July 21, 2005; and,
WHEREAS, on August 11, 2005, said tentative parcel map was conditionally approved
by the City, including condition of approval number 2 requiring that the existing detached garage
accessory to an existing residence at 26 Cherry Street be modified to meet the applicable zoning
set back requirement of the new property line prior to the recordation of the parcel map; and,
WHEREAS, on August 24, 2005, Brian Heim filed an appeal to the City Planning
Commission with the City Clerk stating that the "fulfillment of the constriction requirements
contained in the Conditions of Approval (condition #2) prior to the recordation of the Final
Parcel Map is prohibited by Section 66411.1 of the Subdivision Map Act"; and,
WHEREAS, in a letter dated August 31, 2005, the City Planning Department informed
Brian Heim that his appeal could not be set for hearing until he had completed an enclosed
Development Permit Application form and an "Agreement for Payment of Full Cost Recovery
Fees for Application Processing and Inspection Services" form, and further informed Mr. Heim
that condition of approval number 2 had been imposed to allow the City to make a finding,
required for subdivision map approval, of consistency with zoning ordinance setback
requirements; and,
Resolution No. 2005-182 N.C.S. Page 1
WHEREAS, in a letter dated September 15, 2005, the City Planning Department
informed Mr. Heim that the City disagreed with his grounds for appealing condition of approval
number 2 in that said condition had been imposed to allow the City to make a finding, required
for subdivision map approval, of consistency with zoning ordinance setback requirements of his
subdivision application for 26 Cherry Street and was not barred pursuant to Government Code
Section 66411.1; and,
WHEREAS, on September 20, 2005, Brian Heim submitted a completed Development
Permit Application form and an "Agreement for Payment of Full Cost Recovery Fees for
Application Processing and Inspection Services" form to complete his application for an appeal
to the Planning Commission; and,
WHEREAS, on October 3, 2005, Brian Heim filed a subsequent appeal with the City
Clerk on the same grounds as the appeal filed on August 24, 2005, requesting that said appeal be
heard by the City Council pursuant to Subdivision Map Act Section 66452.5, "within 30 days
after the date of the appeal"; and,
WHEREAS, the City Council scheduled and heard said appeal on October 17, 2005.
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 Brian Heim based on the following findings:
1. Section 21-201.1(d) of the Zoning Ordinance (Standards and Considerations for
Certain Accessory Uses) requires that a detached accessory building "maintain a
three foot side yard" setback from the property line. The recordation of the
approved tentative parcel map for the property at 26 Cherry without the
application of Condition #2 would result in the creation of a new property line
that would further result in the existing detached accessory structure (the existing
garage) encroaching into the setback required by Section 21-201.1(d) and thereby
create a land use inconsistent with the zoning ordinance.
Resolution No. 2005-182 N.C.S. Page 2
2. Section 20.20.041 of the Petaluma Municipal Code (Findings for tentative parcel
map) states that "In approving, conditionally approving or denying a tentative
parcel map, the planning director...shall make the findings set forth in this
chapter for tentative maps". Said findings for a tentative map are found in Section
20.16.410 ("Written report by planning director") which provides that "the
planning director shall prepare a report on the conformity of the tentative map to
the provisions of ...the zoning ordinance". Condition of approval number 2
placed on the tentative parcel map for 26 Cherry is necessary to allow the finding
that the tentative parcel map is in conformance with the zoning ordinance and,
therefore; condition of approval number 2 must be fulfilled prior to approval of
the final parcel map.
3. The City Council has determined, based on evidence in the record, that Section
66411.1 of the state Subdivision Map Act regarding the prohibition on
construction of certain improvements prior to the recordation of a final parcel
map, does not prohibit the City from imposing condition of approval number 2, in
order to ensure that Brian Heim's parcel map application to subdivide the
property at 26 Cherry Street is consistent with the City's zoning regulations prior
to approval of the final parcel map application for that 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 to
Council of the City of Petaluma at a Regularmeeting on the 17°' day of October, f
2005, by the following vote:
City Attorney
AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau ,O'Brien
NOES: None
ABSENT: Torliatt
ABSTAIN: None
r
ATTEST: ~
City Clerk Mayor
Resolution No. 2005-182 N.C.S. Page 3
