PC R 07-2042RESOLUTION NO. 07-2042
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE, APPROVING
CONDITIONAL USE PERMIT 06-003 AND VARIANCE 07-
002, APPLIED FOR BY RANDALL RUSSOM, LOCATED AT
474 COACH ROAD
WHEREAS, the applicant has filed Conditional Use Permit 06-003 and Variance 07-002
to redevelop the property at 474 Coach Road with a new single-family residence,
including a temporary secondary residential unit to be used only during construction of
the project; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit 06-003 and Variance 07-002 at a public hearing on September 4,
2007 in accordance with the Municipal Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission has found that this project is consistent with the
City's General Plan, Development Code and the environmental documents associated
therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that the project is
categorically exempt pursuant to Section 15302 of the CEQA Guidelines; and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit Findings:
1. The proposed use is permitted within the Agricultural (AG) zoning district pursuant
to Development Code Chapter 16.28 and the project complies with all applicable
provisions of the Development Code, excepting specific deviations as allowed by
Variance 07-002, the goals and objectives of the Arroyo Grande General Plan and
the development policies and standards of the City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located, as the property has historically been used as a
single-family residence.
3. The site is suitable for the type and intensity of use, recognizing that the property's
substandard size prohibits any commercial agricultural activity.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
RESOLUTION NO. 07-2042
PAGE20F5
5. The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity due to
compliance with the Municipal Code.
Variance Findings:
Strict or literal interpretation and enforcement of the required setbacks for the
Agriculture (AG) zoning district would result in practical difficulty or
unnecessary hardship not otherwise shared by others within the surrounding
area due to the property's substandard size.
2. There are exceptional or extraordinary circumstances or conditions applicable
to the property involved or to the intended use of the property that do not
apply generally to other properties classified in the Agricultural (AG) zoning
district; specifically, the minimum lot size for properties in the AG zone is 10
acres, whereas the property involved is only 0.25 acres in size.
3. Strict or literal interpretation and enforcement of the required setbacks for the
Agriculture (AG) zoning district would deprive the applicant of privileges
enjoyed by the owners of other properties classified in the AG zone, as other
substandard properties in the AG zone have been developed with non-
conforming setbacks.
4. The granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the
Agricultural (AG) zoning district, as the same privilege has been extended to
other substandard properties in the AG zone.
5. The granting of the variance will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity;
6. The granting of a variance is consistent with the objectives and policies of the
general plan and the intent of the Development Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 06-003 and Variance 07-002,
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 Marshall, seconded by Chair Ray, and by the following roll
call vote, to wit:
AYES: Commissioner Marshall, Chair Ray, Commissioners Barneich, and Tait
NOES: None
ABSENT: Commissioner Keen
RESOLUTION NO. 07-2042
PAGE30F5
the foregoing Resolution was adopted this 4�' day of September, 2007.
ATTEST:
n ���GU�i'r�!/h
LYN REARDON-SMITH,
SECRETARY TO THE COMMISSION
CAREN RAY, HAIR
AS TO CONTENT:
ROB STRONG, �
COMMUNITY DEVELOPM NT DIRECTOR
RESOLUTION NO. 07-2042
PAGE40F5
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 06-003
AND VARIANCE 07-002
474 COACH ROAD
• ►� ►� ► r � • ' ►i ► � _ : ►i ►
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This approval authorizes the �edevelopment of the property at 474 Coach Road with a
new single-family residence, including a temporary secondary residential unit to be used
only during construction of the project.
2.
3.
The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
The applicant shall comply with all conditions of approval for Conditional Use
Permit 06-003 and Variance 07-002.
Development shall occur in substantial conformance with the documents filed with
the Community Development Department.
4. The applicant shall agree to 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 said approval, or in anyway 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 fee's
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. Final occupancy shall not be granted for the new single-family residence until such
time that the temporary secondary residential unit has been converted to a guest
room/office space without kitchen facilities, to the satisfaction of the Chief Building
Official.
6. Prior to building permits being issued for Phase II of the project, the applicant shall
prepare and submit a landscape plan that includes a vegetative agricultural buffer
at the rear of the property, subject to review and approval by the Architectural
Review Committee (ARC).
��
RESOLUTION NO. 07-2042
PAGE50F5
� ► � ��: ►� ►
► :� •►� •►
7. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
8. Prior to issuance of a grading permit or building permit, whichever occurs first,
applicant shall show proof of properly abandoning all non-conforming items such
as septic tanks, wells, underground piping and other undesirable conditions.
9. Prior to issuance of a building permit, a demolition permit must be applied for,
approved, and issued. Development fees resulting from demolition will be
appropriately credited to the property.
� �:. � _: ►� ►
10.
11.
12.
13.
14.
All residences shall connect to City water and sanitary sewer utilities.
All new public utilities shall be installed as underground facilities.
The applicant shall obtain an encroachment permit prior to any work within the
public right of way.
The applicant shall verify that the existing water service is sufficient.
The applicant shall install a backflow prevention device on the water service.
-,
RESOLUTION NO. 2042
�A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE, APPROVING
CONDITIONAL USE PERMIT 06-003 AND VARIANCE 07-
002, APPLIED FOR BY RANDALL RUSSOM, LOCATED AT
474 COACH ROAD
WHEREAS, the applicant has filed Conditional Use Permit 06-003 and Variance 07-002
to redevelop the property at 474 Coach Road with a new single-family residence,
including a temporary secondary residential unit to be used only during construction of
the project; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit 06-003 and Variance 07-002 at a public hearing on September 4,
2007 in accordance with the Municipal Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission has found that this project is consistent with the
City's General Plan, Development Code and the environmental documents associated
therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that the project is
categorically exempt pursuant to Section 15302 of the CEQA Guidelines; and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit Findings:
1. The proposed use is permitted within the Agricultural (AG) zoning district pursuant
to Development Code Chapter 16.28 and the project complies with all applicable
provisions of the Development Code, excepting specific deviations as allowed by
Variance 07-002, the goals and objectives of the Arroyo Grande General Plan and
the development policies and standards of the City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located, as the property has historically been used as a
single-family residence.
3. The site is suitable for the type and intensity of use, recognizing that the property's
substandard size prohibits any commercial agricultural activity.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
5. The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity due to
compliance with the Municipal Code.
Variance Findings:
Strict or literal interpretation and enforcement of the required setbacks for the
Agriculture (AG) zoning district would result in practical difficulty or
unnecessary hardship not otherwise shared by others within the surrounding
area due to the property's substandard size.
2. There are exceptional or extraordinary circumstances or conditions applicable
to the property involved or to the intended use of the property that do not
apply generally to other properties classified in the Agricultural (AG) zoning
district; specifically, the minimum lot size for properties in the AG zone is 10
acres, whereas the property involved is only 0.25 acres in size.
3. Strict or literal interpretation and enforcement of the required setbacks for the
Agriculture (AG) zoning district would deprive the applicant of privileges
enjoyed by the owners of other properties classified in the AG zone, as other
substandard properties in the AG zone have been developed with non-
conforming setbacks.
4. The granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the
Agricultural (AG) zoning district, as the same privilege has been extended to
other substandard properties in the AG zone.
5. The granting of the variance will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity;
6. The granting of a variance is consistent with the objectives and policies of the
general plan and the intent of the Development Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 06-003 and Variance 07-002,
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 Marshall, seconded by Chair Ray, and by the following roll
call vote, to wit:
AYES: Commissioner Marshall, Chair Ray, Commissioners Barneich and Tait
NOES: None
ABSENT: Commissioner Keen
the foregoing Resolution was adopted this 4 th day of September, 2007.
ATTEST:
� �
LYN REARDON-SMITH,
SECRETARY TO THE COMMISSION
=CTOR
CAREN RAY , C�-IAIR
L�
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 06-003
AND VARIANCE 07-002
474 COACH ROAD
� ►i ►i ► � • ' ►i ► � ' _ : ►i ►
\ C: •►� •►
This approval authorizes the redevelopment of the property at 474 Coach Road with a
new single-family residence, including a temporary secondary residential unit to be used
only during construction of the project.
The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit 06-003 and Variance 07-002.
3. Development shall occur in substantial conformance with the documents filed with
the Community Development Department.
4. The applicant shall agree to 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 said approval, or in anyway 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 fee's
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. Final occupancy shall not be, granted for the new single-family residence until such
time that the temporary secondary residential unit has been converted to a guest
room/office space without kitchen facilities, to the satisfaction of the Chief Building
Official.
6. Prior to building permits being issued for Phase II of the project, the applicant shall
prepare and submit a landscape plan that includes a vegetative agricultural buffer
at the rear of the property, subject to review and approval by the Architectural
Review Committee (ARC).
� 1 : � ' � : 11 ►
GENERAL CONDITIONS
7. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
8. Prior to issuance of a grading permit or building permit, whichever occurs first,
applicant shall show proof of properly abandoning all non-conforming items such
as septic tanks, wells, underground piping and other undesirable conditions.
9. Prior to issuance of a building permit, a demolition permit must be applied for,
approved, and issued. Development fees resulting from demolition will be
appropriately credited to the property.
� • : . � _ : ►� ►
10. All residences shall connect to City water and sanitary sewer utilities.
11. All new public utilities shall be installed as underground facilities.
12. The applicant shall obtain an encroachment permit prior to any work within the
public right of way.
13. The applicant shall verify that the existing water service is sufficient.
14. The applicant shall install a backflow prevention device on the water service.
\