PC R 16-2253RESOLUTION NO. 16-2253
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE DENYING APPEAL
CASE NO. 16-002 AND APPROVING ARCHITECTURAL
REVIEW 15-011 AND MINOR EXCEPTION 16-001;
LOCATED AT 306 SHORT STREET; APPLIED FOR BY
CINDY NOTT; APPEALED BY DAVE FRAZIER
WHEREAS, on October 14, 2016, the applicant submitted an application for Architectural
Review 15-011 and Minor Exception 16-001 for a one foot (1') reduction of side yard
setback and a two foot (2') reduction of front yard setback for a new two story residence
and attached secondary dwelling unit at 306 Short Street; and
WHEREAS, on March 7, 2016, the Architectural Review Committee recommended
approval of Architectural Review 15-011 and Minor Exception 16-001 based upon the
findings for approval of the permit
WHEREAS, on March 16, 2016, the Community Development Director approved
Architectural Review 15-011 and Minor Exception 16-001 based upon the findings for
approval of the permit; and
WHEREAS, notice of the Community Development Director's determination were mailed
to all property owners within 300' of the project site to alert them of the approved request;
and
WHEREAS, on April 6, 2016 an appeal of the approval was filed with the Community
Development Secretary by Dave Frazier; and
WHEREAS, on May 3, 2016 revised plans were submitted addressing Floor Area Ratio
(FAR) violations; and
WHEREAS, on May 3, 2016 the public hearing was continued to a date certain of May 17,
2016; and
WHEREAS, the Planning Commission has reviewed the project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that the
project is exempt per Section 15303(a) of the CEQA Guidelines regarding construction of
a single family residence; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
project at a duly noticed public hearing on May 17, 2016; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, that the following circumstances exist and findings can be made:
RESOLUTION NO. 16-2253
PAGE 2
Architectural Review Findings:
1. The proposal is consistent with the architectural guidelines of the city, or
guidelines prepared for the area in which the project is located;
The proposal meets and is consistent with the Design Guidelines and Standards
for the Historic Character Overlay District, particularly in regard to garage location
and design based on site restrictions.
2. The proposal is consistent with the text and maps of the Arroyo Grande General
Plan and this title;
The proposal is consistent with the text and maps of the Arroyo Grande General
Plan and the Development Code. Additionally, the location falls within the Historic
Overlay District and is in compliance with the Design Guidelines and Standards
for the Historic Character Overlay District.
3. The proposal will not be detrimental to the health, safety, comfort and general
welfare of the persons residing or working in the neighborhood of the proposed
project;
The proposal will not be detrimental to the health, safety, comfort or general
welfare of persons residing or working in the neighborhood due to conditions of
approval developed for the project ensuring that it is not detrimental to the public
and will enhance the project and the neighborhood.
4. The general appearance of the proposal is in keeping with the character of the
neighborhood;
The proposal is consistent with the Design Guidelines and Standards for the
Historic Character Overlay District, particularly in regards to garage location and
design based on site restrictions.
5. The proposal is not detrimental to the orderly and harmonious development of the
city;
The proposal will not be detrimental to the orderly and harmonious development
of the Village area due to the proposal being consistent with the Design
Guidelines and Standards for the Historic Character Overlay District.
RESOLUTION NO. 16-2253
PAGE 3
6. The proposal will not impair the desirability of investment or occupation in the
neighborhood;
The proposal is consistent with the Design Guidelines and Standards for the
Historic Character Overlay District and therefore the proposal will promote
investment and occupation within the neighborhood.
Minor Exception Findings:
1. That the strict or literal interpretation and endorsement of the specified regulation
would result in practical difficulty or unnecessary physical hardship;
The project is located on a legally non -conforming lot in regards to width.
Additionally, the project is a single-family home located on a property zoned Multi -
Family, a zone with stricter setback regulations than the traditional Single -Family
zones. Strict interpretation of setback regulations would result in practical difficulty
and unnecessary physical hardship due to large setback requirements on a
narrow lot.
2. That there are exceptional circumstances or conditions applicable to the property
involved or to the intended use of the property that do not apply generally to other
properties in the same district;
The parcel's legally non -conforming width and the Multi -Family zoning
requirements create an exceptional circumstance not generally experienced by
other Multi -Family zoned properties of conforming width.
3. That strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by other property owners in the
same district;
The strict or literal interpretation of large setbacks on a narrow lot would deprive
the applicant of privileges enjoyed by other property owners of the same district
by requiring a structure size that would leave the residential lot underutilized.
4. That the granting of the minor use permit for a minor exception will not constitute
a grant of special privilege inconsistent with the limitations on other properties
classified in the same district and will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity;
RESOLUTION NO. 16-2253
PAGE 4
The granting of the Minor Use Permit — Minor Exception will not constitute a grant
of special privilege inconsistent with the limitations on other properties classified in
the same district due to the unique narrowness of the property not generally
experienced by other properties in the Multi -Family zoning district.
5. That the granting of a minor use permit for a minor exception is consistent with the
objectives and policies of the general plan and the intent of this title;
The objectives of the General Plan are implemented through the Municipal Code
and the proposed project is consistent with the purpose and intent statement of
the Minor Use Permit -Minor Exception provisions in the Municipal Code, which
provides flexibility to allow adjustments to development standards that are
compatible with adjoining uses.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby denies Appeal Case No. 16-002 and approves Architectural
Review 15-011 and Minor Exception 16-001 as set forth in Exhibit "B", attached hereto and
incorporated herein by this reference, with the above findings and subject to the conditions
as set forth in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion by Commissioner Mack, seconded by Commissioner Martin, and by the
following roll call vote, to wit:
AYES: Mack, Martin, Keen
NOES: Fowler -Payne
ABSENT: George
The foregoing Resolution was adopted this 17th day of May 2016.
ATTEST:
DEBBIE WEICHINGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
� e
TERE A WrcCLISH
COMMUNITY DEVELOPMENT DIRECTOR
e
LAN'GOOOE, CHAIR
RESOLUTION NO. 16-2253
PAGE 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
ARCHITECTURAL REVIEW 15-011
MINOR EXCEPTION 16-001
306 SHORT STREET
This approval authorizes the construction of a new single family residence with attached
secondary dwelling unit at 306 Short Street.
CONDITIONS OF APPROVAL:
GENERAL CONDITIONS
1. The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project including obtaining a building
permit.
2. The project shall occur in conformance with the application and plans on file in
the Community Development Department.
3. This application shall automatically expire on May 17, 2018, unless a building
permit is issued. Thirty days prior to the expiration of the approval, the applicant
may apply to the Community Development Director for an extension of one year
from the original date of expiration.
4. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its present or former agents, officers, or
employees because of the issuance of this approval, or in any way relating to the
implementation thereof, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any
court costs and attorney's fees which the City, its agents, officers or employees
may be required by a court to pay as a result of such action. The City may, at its
sole discretion, participate at its own expense in the defense of any such action
but such participation shall not relieve applicant of his/her obligations under this
condition.
5. The applicant shall comply with the current California Codes including the
specifically adopted City of Arroyo Grande.
6. The applicant shall obtain all necessary building permits prior to any construction.
PLANNING COMMISSION CONDITIONS
7. The garage shall be prohibited from constructing a wall separating the garage
space for occupancy by the studio.
RESOLUTION NO. 16-2253
PAGE 6
8. Provide sufficient landscaping and height to screen the stairs and deck area on the
north side of the structure.
RESOLUTION NO. 16-2253
PAGE 7
S
990t—t04 (SU8) 08641 H '3Il
9G0-Zt5-tGJ stn
Q
,,, \, 17.4£ti tl0 '30NVa0 OAoaaV Z6£l %OD 'O'd
10311HO2JV OTOS 'O ),2JO32JO
sNuV3N 3DYdS 8v�Q R 3anlOMiHJatl
�NGab'JOl lJ3'Oad
ozsce v� ',a=rca� owrav
'a0 :> N0 1`ivTv, al I�i—!Na4 3
^
,_
s
b
S1NAWNObIAN3 NI—AI-1
—v
g
le4C6 vo '311tw219 0w6fjv 7,601 x09 '0'd
13311H38V 010S '(1 ),bC)0380
-,j
0NUV311 DOVdS ?,Y106 V
Sl N NO �IA 1\13 1\11—Al-I
-M
g
-,j