Loading...
2000/11/28 City Council Resolution (3)RESOLUTION NO. 2000 -235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, DENYING AN APPEAL OF A USE PERMIT AND RESIDENTIAL PARKING EXEMPTION TO ALLOW THE CONSTRUCTION OF A SECOND RESIDENTIAL UNIT ON PROPERTY LOCATED AT 7835 BURTON AVENUE (Jose L. Sanchez) WHEREAS, the Planning Commission approved a use permit and residential parking exemption to allow the construction of a second residential unit on property located at 7835 Burton Avenue in accordance with the City of Rohnert Park Municipal Code; WHEREAS, the appellant, Sandra L. Leatherwood, filed an appeal of the Planning Commission's decision; WHEREAS, on November 14, 2000, the City Council directed that a public hearing on the submitted appeal be held, in accordance with the City of Rohnert Park Municipal Code; WHEREAS, pursuant to California State Law, public hearing notices were transmitted to all property owners within a 300 foot radius of the subject property, and a public hearing was published for a minimum of 10 days prior to the public hearing on the appeal in the Press Democrat; WHEREAS, on November 28, 2000, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the appeal; and, WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered the information contained in the Staff Report and all relevant materials regarding the appeal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. That the above recitations are true and correct. Section 2. Findings. The City Council, in denying the appeal of Planning Application No. 1902: hereby affirms the following findings, to wit; Use Permit 1902 I. That the proposed location c f the conditional use is in accord with the objectives of the zoning ordinance and the purposes of the district in which the site is located. The site is within a R- 1:6000 Single Family Residential District, which allows for second units as a conditionally - permitted use. 2. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Resolution No. 2000 -235 Page 2 of 3 As discussed in the staff report, the project meets the setback and height requirements for an accessory structure and, as conditioned, will not have a negative effect on the public health, safety, or welfare; or be materially injurious to properties or improvements in the vicinity. 3. That the proposed conditional use will comply with each of the applicable provisions of this Title. As discussed in the staff report, the proposed second unit would meet all of the requirements for accessory structures listed for this District. Residential Parking Exemption 1902 1. That neither present nor anticipated future traffic volumes generated by the use on the site or the uses on sites in the vicinity, reasonably require strict or literal interpretation and enforcement of the specified regulations. The addition of the proposed second unit would not significantly increase traffic generated by the existing single- family residence and would not be expected to increase the site's parking need to the degree that another two parking spaces would be needed. However, the addition of one parking space for use by the applicant has been made a condition of this approval. 2. That the granting of the use permit will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. The applicant will be required to provide one on -site parking space for the occupant of the proposed second unit. No interference in area traffic flow will occur as a result of this project. 3. That the granting of the use permit will not create a safety hazard or any other condition inconsistent with the objectives of the zoning. ordinance. The use permit would be in compliance with the objectives of the zoning ordinance and would not create a safety hazard due to the construction of the proposed second unit. Section 3. Environmental Clearance. The project is categorically exempt from the California Environmental Quality Act, pursuant to Public Resources Code Section 15303 (Class 3 — New Construction or Conversion of Small Structures). NOW THEREFORE BE IT RESOLVED, that the City Council does hereby deny the appeal and affirm the Planning Commission's approval of Application No. 1902: Use Permit and Residential Parking Exemption, with the applicant encouraged to attach the second unit to the main residence and subject to the following conditions: 1. The use permit approval shall expire one year from the Planning Commission approval date, unless prior to the expiration a building permit is issued and construction is commenced and diligently pursued toward completion and the use is initiated, or an extension is requested and approved. Resolution No. 2000 -235 Page 3 of 3 2. The applicant shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant plans of affected agencies. 3. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments prior to construction of the second unit. 4. The project shall substantially conform to Exhibit 1 — Site Plan and Exhibit 2 - Exterior Elevations. 5. The second unit shall be constructed of the same general materials and colors as the single- family residence on the lot. 6. One additional parking space shall be provided for the use of the occupant of the second unit, with the location and surfacing subject to Staff approval. 7. Any illegal structures in the rear yard shall be removed prior to occupancy of the second unit. 8. If the applicant chooses to attach the second unit to the main residence, the unit shall be no larger than 300 square feet, shall meet all applicable setback, height, and lot coverage limitations, shall satisfy all of the conditions listed above for this approval, and shall be subject to approval by the Planning Director. DULY AND REGULARLY ADOPTED on this 28th day of November, 2000, by the City of Rohnert Park City Council by the following vote: Mayor, City of Rohnert Park Attest: r �i i f �Lit!t D ty Cit Jerk m, FLORES: NO MACKENZIE: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0)