PC R 07-2032RESOLUTION NO. 07-2032
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING ARCHITECTURAL REVIEW 07-001,
VIEWSHED REVIEW 07-003 AND VARIANCE 07-001; 123 WHITELEY;
APPLIED FOR BY PACE BROTHER'S CONSTRUCTION
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Architectural Review 07-001; Viewshed Review 07-003 and Variance 07-001 filed by
Pace Brother's Construction, to construct a finro story, single family house; and
WHEREAS, the Planning Commission has held a public hearing on these applications in
accordance with the City Municipal Code on May 1, 2007; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed this 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 a
Mitigated Negative Declaration can be adopted; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL
Plot Plan Review
1. The proposed project is consistent with the goals, objectives, policies and programs
of the Arroyo Grande general plan;
The proposed project 'meefs the following General Plan and Municipal Code
requirements related to developmenf adjacent to creeks:
C/OS2-1.3 Where feasible, mainfain a grading and building setback of
25 feet from the top of stream bank. Locate buildings and structures
outside the setback. Except in urban areas where exisfing development
exists fo fhe confrary, prevent removal of riparian vegetation within 25 feet
of fhe fop of stream bank.
Section 16.64.060(R) of the Municipal Code of the City of Arroyo Grande, which states:
Creek Dedicafions. For any subdivision or parcel map or development
projecf requiring discretionary review abutting fhe Arroyo Grande Creek,
including its tributaries (Tally Ho Creek, Spring Creek, Newsom Springs
Creek and Los Berros Creek), or Meadow Creek, including its tributaries,
the subdivider or developer shall dedicate fo the city all fhe area that
includes fhe sfream bed and twenty-�ve (25) feef back of the stream bank,
areas designated as environmenfally sensitive based on a biology report
prepared by a qualified biologisf or ofher appropriate areas mutually
accepfable forfhe purposes of "open space,"flood control or "green belt."
RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAG E 2
Excepfions to fhe requirements established in this subsection can be
made only upon a finding that its application would violate federal or stafe
la w.
In addition the proposed mitigation measures are designed to protect the creek by 1)
limifing construction activities and effects fo areas outside of the creek, creek bank and
riparian habitat, 2) limif human and domesticated animal intrusion to patio areas by the
use of a small wall and fence and landscaping design, 3) planting side and rear yard
areas with riparian and native species in an effort to mainfain the aesfhefic value of the
creek and to eliminate sedimentation from the development of a sing/e residential
structure, and 4) provides an offer of dedicafion of an irrevocable creek drainage and
mainfenance easemenf to the City for areas that include the stream bed and the creek,
its banks and twenty-five feet (25) adjoining the top of bank for the purposes of "open
space, flood control, future creek path or green belt." No deve/opment other than those
depicted on fhe plan shall occur within the creek easemenf area.
2. The proposed project conforms to applicable performance standards and will not be
detrimental to the public health, safety or general welfare;
Section 16.48.120 of the Municipal Code establishes performance
standards for development within the City of Arroyo Grande. These
standards profect neighboring properties from nuisances such as poor air
quality, electrical or electronic interference, fire and explosive hazards,
glare, odors, smoke and vibrafion. The project, as proposed, meets the
requirements of this Municipal Code Secfion. In addition, the project
satisfies all applicable provisions of the Municipal Code including
developmenf standards for the single-family zoning district except as
provided in Variance 07-001.
3. The physical location or placement of the use on the site is compatible with the
surrounding neighborhood.
The physical locafion or placement of the use on fhe site is compatible
with the surrounding neighborhood since fhe development ufilizes existing
lots of fhe original Short, Mason and Whiteley subdivision and complies
with developmenf sfandards for the single-family zoning disfrict including
heighf, floor area rafio and lot coverage. Yards and parking are addressed
by Variance 07-001.
Applicable Historic Character Overlay District Findings
1. The construction, alteration, demolition, or relocation of any building or structure or
earth movement enhances, to the maximum extent feasible, and does not interfere
with, detract from or degrade the historic cultural, architectural or archaeological
resource values of the district.
The consfruction of the proposed residential structure enhances, to the
RESOLUTION NO. 07-2032 •
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 3
maximum extent feasible, and does not interfere with, detract from or
degrade the hisforic, cultural, architectural or archaeological resource
values of the disfrict due fo mitigation measures imposed in the Mitigated
Negative Declaration, and the projecf's compliance wifh the Design
Guidelines for Historic Disfricts as determined by the Architectural Review
Commiffee.
2. The use proposed for a building, structure, or parcel of land shall be compatible with
the uses predominating in the designated area.
The use proposed for a building, structure, or parcel of land is compatib/e
with the uses predominating in the designated area since fhe project
utilizes existing parcels and the proposed single-family house is similar to
neighboring residences.
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 is a craftsman style single family home and has been
reviewed by the Architectural Review Committee based upon fhe Design
Guidelines for Hisforic Districts. The proposed house is similar in height,
mass and scale and ufilizes compatible materials such as horizontal siding
and composition roof tiles.
2. The proposal is consistent with the text and maps of the Arroyo Grande general plan
and this title;
The proposal is consisfenf with fhe text and maps of fhe Arroyo Grande
General Plan and complies with development standards of fhe single-
family zoning disfricf except as addressed in Variance 07-001 and has
been reviewed by the Architectural Review Committee for compliance wifh
the Design Guidelines for Historic Districts
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 and
general welfare of the persons residing or working in the neighborhood of
the proposed project since it complies wifh the provisions of the Municipal
Code of fhe Cify of Arroyo Grande excepf as addressed in Variance 07-
001 and mitigafion measures have been developed that reduces
environmental impacts below a significant level per CEQA guidelines.
4. The general appearance of the proposal is in keeping with the character of the
neighborhood;
The general appearance of the proposal is in keeping with fhe character
RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 4
of fhe neighborhood due to satisfying applicable provisions of the
Municipal Code and is consisfenf with the Design Guidelines for Historic
Disfricts as determined by the Architectural Review Committee.
5. The proposal is not detrimental to the orderly and harmonious development of the
city;
The proposal is not detrimental fo the orderly and harmonious
developmenf of fhe City because it fulfills the deve/opment standards of
the Municipal Code except as addressed in Variance 07-001 and has
been reviewed by fhe Architecfural Review Committee and found to be
consistent with the Design Guidelines for Hisforic Districts.
6. The proposal will not impair the desirability of investment or occupation in the
neighborhood.
The proposal will not impair the desirability of investmenf or occupation in
the neighborhood since the proposed development is similar in building
sfyle and size as compared to surrounding residences.
Viewshed Review Findings
1. The proposed structure is consistent with the intent of this section;
The proposed structure is consistent with fhe intent of Section 16.16.130
of the Municipal Code since fhe house is designed to ba/ance the property
owner's request for reasonable developmenf while preserving the existing
scope and character of the established single-family neighborhood and
protects the views and aesfhefics of neighboring properties.
2. The proposed structure is consistent with the established scale and character of the
neighborhood and will not unreasonably or unnecessarily affect views of surrounding
properties;
The proposed structure is consistenf with the established sca/e and
characfer of the neighborhood and will not unreasonably or unnecessarily
affect views of surrounding properties since if complies with the height,
floor area rafio, lof coverage and other development sfandards for the
single-family zone except as addressed in Variance 07-001.
3. The proposed structure will not unreasonably or unnecessarily interfere with the
scenic view from any other property, judged in light of permitting reasonable use and
development of the property on which the proposed structure or expansion is to occur.
The proposed structure will not unreasonably or unnecessarily interfere
with the scenic view from any other property, judged in light of permitting
reasonable use and development of the property on which the proposed
structure or expansion is to occur due to the design of the proposed
RESOLUTION NO. 07-2032 ' `
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 5
strucfure located at the termination of Whiteley Street. In addition the
conditions of approval include an irrevocable offer of dedication of a creek
drainage and maintenance easement to fhe city for fhe area that includes
the stream bed including the creek, its banks and twenty-five feet (25)
adjoining the top of bank for the purposes of "open space, flood control,
future creek path or green belf. "
Variance Findings
1. That strict or literal interpretation and enforcement of the specified regulation would
result in practical difficulty or unnecessary hardship not otherwise shared by others within
the surrounding area;
Strict enforcement of all setbacks including fhe 25-foof creek setback, 20-
foot front yard and 5-foot side yard would create a practical difficulty and
unnecessary hardship by not allowing adequate building area fo construct
a residential sfrucfure.
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 same zone;
The . previously created lof abuts and includes fhe Arroyo Grande creek
and presenfs a small buildable area for the creation of a residential
structure.
3. That strict or literal interpretation and enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the owners of other properties classified in
the same zone;
The strict enforcement of all sefbacks and parking requirements would nof
allow enough area fo consfruct a functional residenfial structure.
4. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone;
Approval of the variance will not granf a special privilege but will al/ow the
applicant fo build a residential sfructure consistent with other surrounding
properties.
5. That 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;
The projecf, wifh exception to the variance of front and side yard setbacks
and reduction of covered parking fo a single car garage, complies wifh all
applicable development sfandards for the single family zoning district.
6. That the granting of a variance is consistent with the objectives and policies of the
general plan and the intent of this title;
RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 6
Granfing the variance would allow the single-family residence to be
adequately setback from fhe creek, which is consistent with the General
Plan.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for
Architectural Review 07-001; Viewshed Review 07-003 and Variance 07-001.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the Planning Commission adopts a Mitigated Negative
Declaration and finds that there is no substantial evidence of any significant
adverse effect, either individually or cumulatively on wildlife resources as defined
by Section 711.2 of the Fish and Game Code or on the habitat upon which the
wildlife depends as a result of development of this project. Further, the Planning
Commission finds that said Mitigated Negative Declaration reflects the City's
independent judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande approves Architectural Review 07-001; Viewshed Review 07-003 and
Variance 07-001 to construct a two story, single family house with a single car garage
located at 123 Whiteley Street with the above findings and subject to the conditions as set
forth in Exhibit "A", attached hereto and incorporated herein by this reference and
instruCts the Secretary to file a Notice of Determination.
On motion by Chair Ray, seconded by Commissioner Keen, and by the following roll call
vote, to wit:
AYES: Chair Ray, Commissioners Keen, Barneich, and Marshall.
NOES: Commissioner Tait.
ABSENT: None.
the foregoing Resolution was adopted this 1 St day of May 2007.
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RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 7
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ATTEST:
KATHY M DOZA for LY REARDON-SMITH,
SECRETARY TO THE COMMISSION
TO CQINTEN
ROB STRONG,
COMMUNITY DEVEL MENT DIRECTOR
RESOLUTIOIV NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
Architectural Review 07-001; Viewshed Review 07-003 and Variance 07-001
Pace Brother's Construction
123 Whiteley
CONDITIONS OF APPROVAL
1. The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. The project shall substantially conform to the plans on file in the Community
Development Department.
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3. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its agents, officers, or employees because of the issuance of said
approval, 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.
Building Department Conditions
BUILDING CODES
4. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
FIRE FLOW/FIRE HYDRANTS
5. Project shall have a fire flow of 1,000 gallons per minute for a duration of 2 hours.
OTHER APPROVALS
6. Project must comply with Federal and local flood management policies.
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
7. Water Meter, service main, distribution, and availability fees, to be based on codes
and rates in effect at the time of building permit issuance.
8. Water Neutralization fee, to be based on codes and rates in effect at the time of .
building permit issuance.
9. Traffic Impact fee, to be based on codes and rates in effect at the time of building
RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 9
10
11.
12.
permit issuance.
Traffic Signalization fee, to be based on codes and rates in effect at the time of
building permit issuance.
Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at
the time of building permit issuance.
Building Permit fees, to be based on codes and rates in effect at the time of
building permit issuance.
13. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and
rates in effect at the time of building permit issuance in accordance with State
mandate.
14.
15.
16.
17.
18.
19.
Park Development fee, to be based on codes and rates in effect at the time of
building permit issuance.
Park Improvements fee, to be based on codes and rates in effect at the time of
building permit issuance.
Street Tree fees, to be based on codes and rates in effect at the time of building
permit issuance.
Community Centers fee, to be based on codes and rates in effect at the time of
building permit issuance.
Fire Protection fee, to be based on codes and rates in effect at the time of building
permit issuance.
Police Facilities fee, to be based on codes and rates in effect at the time of
building permit issuance.
Pianning Commission Conditions of Approval
20. The creek setback shall not be reduced and the proposed front setback should be
increased 8 feet to the northeast: This setback reduction provides for a single car
garage and storage area to be located 18 feet from the back of sidewalk and the
front of the house to be sixteen feet from the back of sidewalk, with a side yard of
3 feet rather than 5 feet.
21. The staggered front farade with second story setback as approved by ARC shall
be maintained.
22. The applicant shall submit a plan for approval by the Community Development
Director for the construction staging and storage of building supplies and materials
in order to minimize impacts to the creek and creek setback area.
RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 10
23. The applicant shall move the creekside patio to the rear of the property to
encourage that area for residents' recreational use.
24. The applicant shall add wording to the transfer disclosure statement acceptable to
the Community Development Director indicating that all owners of the property
shall minimally use pesticides and fertilizers due to the proximity of the Arroyo
Grande Creek.
25. The applicant shall add wording to the transfer disclosure statement acceptable to
the Community Development Director indicating that the approved landscape plan
including plant species cannot be changed without the approval of the City of
Arroyo Grande.
26. Final plans shall be reviewed and approved by the Community Development
Director to assure compliance with the direction of the Planning Commission.
MITIGATION MEASURES
Land Use and Plannina
MM 1.1: The developer shall not remove riparian woodland
vegetation that exists on the site. This includes trimming
native tree branches or removing shrubs within the creek
corridor. Doing so would require a Department of Fish and
Game Streambed Alteration Agreement.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande —
Community Development
Department
At all stages of development
MM 1.2: The developer shall not impact the creek bank or top-of-
bank area, specifically no construction activities related to
the proposed residence shall occur within 15-feet of the top
of bank.
Responsible Party:
Monitoring Agencye
Timing:
Developer
City of Arroyo Grande —
Community Development
Department
At all stages of development
MM 1.3: Prior to grading or construction activities, the developer shall
install temporary orange construction fencing at least 15 feet
south of top-of-bank to discourage entry of equipment or
construction workers into riparian woodland habitat.
RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW OT-003 AND VARIANCE 07-001
PAGE 11
MM 1.4:
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande —
Community Development
Department
At all stages of development
Timing:
Developer
City of Arroyo Grande —
Community Development
Department
At all stages of development
MM 1.6: Work shall be completed during the dry season (April 15 to
October 15) to reduce active construction erosion to the
extent feasible. If construction must extend into the wet
weather season, a qualified geohydrologist or geotechnical
engineer, and restoration biologist shall prepare a drainage
and erosion control plan that addresses construction
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Timing:
Storage of construction materials, debris, or excess soil and
parking of vehicles or construction equipment shall be
prohibited within 15 feet of the top of the bank of the Arroyo
Grande Creek.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande —
Community Development
Department
At all stages of development
MM 1.5: To reduce erosion hazards and the introduction of foreign
materials (petroleum products, refuse, etc.), due to
construction activities, minor grading to ensure drainage as
proposed on the submitted plans will be allowed starting
from the location of the low wall/fence. During construction
activities runoff and sediment control structures shall be
used as proposed on the submitted plans.
Responsible Party:
Monitoring Agency:
measures to prevent sedimentation and erosion of the
Arroyo Grande Creek.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande —
Community Development
Department
RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 12
Timing: At all stages of development
MM 1.7: No fueling or maintenance of equipment shall take place at
the site. Mechanical equipment shall be serviced in
designated staging areas located outside of the creek
riparian area. Water from equipment washing or concrete
wash down shall be prevented from entering the creek.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande —
Community Development
Department
At all stages of development
MM 1.8: All removed and excess material shall be disposed of off-
site.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande —
Community Development
Department
At all stages of development
MM 1 .9: The developer shall offer irrevocably a creek drainage and
maintenance easement (no public access intended outside
of the creek channel) to the city all the area that includes the
stream bed including the creek, its banks and 25 feet
adjoining the top of bank for the purposes of " open space,
flood control, future creek path or green belt." No structures
shall occur within creek easement area."
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande —
Community Development
Department
Prior to issuance of building
permits
MM 1.10: The developer shall develop and record with the County
Recorders Office CCR's approved by the Community
Development Director stating that landscaping shall remain
in substantial conformance to the approved landscaping
plan unless changes have been specifically authorized by
the City of Arroyo Grande. �
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Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande —
RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 13
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Timing:
Implementing an individual water program that utilizes
fixtures and designs that minimize water usage. The
calculations shall be submitted to the Director of Public
Works for review and approval. The proposed individual
water program shall be submitted to the City for approval
prior to implementation; or,
Payment of an in lieu fee.
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Responsible Party:
Monitoring Agency:
MM 2.1: The applicant shall complete measures to neutralize the
estimated increase in water demand created by the project
by either:
Timing:
Mitigation Measures:
Responsible Party:
Monitoring Agency:
MM 3.1: The developer shall follow the submitted drainage plan,
which drains all storm water from the southern side of the
wall to Whiteley street.
MM 3.2:
MM 3.2:
Timing:
Community Development
Department
Prior to issuance of building
permits
Developer
City of Arroyo Grande — Public
Works Department
Prior to issuance of building
permits
Developer
City of Arroyo Grande — Public
Works Department
At time of grading
The developer shall install a fossil filter in the existing drop
inlet located at the terminal end of Whiteley Street.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Public
Works Department
Timing: Prior to issuance of building
permit
The developer shall install plant material in substantial
compliance to the adopted landscape plan.
RESOLUTION NO. 07-2032
ARCHITECTURAL REVIEW 07-001, VIEWSHED REVIEW 07-003 AND VARIANCE 07-001
PAGE 14
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande —
Community Development
Department
Timing: Prior to occupancy
Biological Resources
MM 4.1: The developer shall implement mitigation measures 1.1
through 1.10 listed in Section I of this document.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande — Various
Various
MM 4.2: The developer shall use diffuse lighting, ground/low profile
"landscape" lighting or solar lighting in the northern portion of
the site, and direct lighting only on the sides of the house that
won't affect the creek and associated resources.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande —
Community Development
Department and Buifding
Department
: .
MM 5.1: The following note shall be placed on the grading and
improvement plans for the project:
"In the event that during grading, construction or development
of the project, and archeological resources are uncovered, all
work shall be halted until the City has reviewed the resources
for their significance. If human remains (burials) are
encountered, the County Coroner (781-4513) shall be
contacted immediately. The applicant may be required to
provide archaeological studies and/or mitigation measures."
Responsible Party:
Monitoring Agency:
Timing:
Timing:
Developer
City of Arroyo Grande —
Community Development
Department
During all phases of development
During all phases of
development