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PC R 07-2028RESOLUTION NO. 07-2028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CASE NO. VIEWSHED REVIEW 06-006; LOCATED AT 190 FAIR VIEW DRIVE; APPLIED FOR BY MIKE AND NANCY ATKISSON WHEREAS, the applicant has filed Viewshed Review 06-006 to expand the ground-floor and add a second-floor to an existing single-story, single-family residence at 190 Fair View Drive; and WHEREAS, the Community Development Director approved Viewshed Review 06-006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission of the City of Arroyo Grande appealed the Community Development Director's decision; and WHEREAS, the Planning Commission of the City of Arroyo Grande considered Viewshed Review 06-006 at a public hearing on July 13, 2006 in accordance with the Municipal Code of the City of Arroyo Grande, at which time the item was continued; and WHEREAS, the Planning Commission of the City of Arroyo Grande has re-considered Viewshed Review 06-006 at a public hearing on March 20, 2007 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has determined that the project is categorically exempt under the provisions of the California Environmental Quality Act (CEQA) (Sections 15303); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings can be made in an affirmative manner: The proposed structure is consistent with the intent of this section (16.16.110). The stated purpose of Development Code Section 16.16.110 is "...fo preserve, the existing scope and character of established single-family neighborhoods and to protect views and aesthetics and other property values in such neighborhoods in a manner that is compatible with reasonable expansion on existing developed lots and/or a new development on existing undeveloped lots': 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. RESOLUTION NO. 07-2028 VSR 06-006 PAGE 2 Although the proposed structure approaches the maximum lot coverage allowed in the Single-Family (SF) zoning district, the entire ground floor addition will be located at the rear of the existing structure — the existing side yard setback on south side of the property will be reduced by 4;� however, the reduction is set back 77' from the front of the property. The proposed structure is well below the maximum allowed Floor Area Ratio (FAR) — the second-story addition constitutes only 14.3% of the total floor area. Additionally, the second-story addition is sef back from the front of the garage — the covered deck is set back 5' from the front of the garage and the wall is set back 12' from the front of the garage. This addition will change the scale and character of the structure; however, the structure will still be consistent wifh the esfablished scale and character of the neighborhood, which includes both homes that were built as fwo-story structures and homes that have added second-stories over existing single- story structures. There are no significant views of surrounding properties that will be affected by the proposed structure. 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 in facf interfere with the scenic view from the second f/oor of the structure /ocated 1239 Brighton Avenue, to an extent. The structure at 1239 Brighton Avenue has fwo second-story decks, one located at the front of the structure and one located at the rear of the structure. The front deck has scenic views to both the west and south, while the rear deck has scenic views to the south. There is also a south- facing second-story window located towards the front of the structure. The proposed structure will obstruct the scenic views to the south from the rear deck; however, no scenic views to the west from the front deck will be affected, and the scenic views to the south from the front deck and window will be minimally impacted due to the second-floor setback of the proposed structure. The interference with the scenic views from 1239 Brighton Avenue caused by fhe proposed structure are not unreasonable or unnecessary �r�rhen ��dged in lig�ht of nermitting� r.asonabl. ��e and d�velo�ment of the ��� on which the �nosPd Pxnan�ion is to occ.�ir. RESOLUTION NO. 07-2028 VSR 06-006 PAGE 3 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Viewshed Review 06-006, 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 Keen, seconded by Chair Ray, and by the following roll call vote, to wit: AYES: Commissioner Keen, Chair Ray, Commissioners Barneich, Marshall, and Tait NOES: None ABSENT: None the foregoing Resolution was adopted this 20 day of March, 2007. ATTEST: J� � LY REARDON-SMITH, CAREN RAY, C` IR�> SECRETARY TO THE COMMISSION AS TO CONTENT: RO� STRONG, COMMUNITY DEVELOP ENT DIRECTOR RESOLUTION NO. 07-2028 VSR 06-006 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL VIEWSHED REVIEW 06-006 190 FAIR VIEW DRIVE This approval authorizes the expansion of the ground floor and addition of a second-floor to the existing single-story, single-family residence located at 190 Fair View Drive. • ►i ►i ► � • ' ►� ► � : : ►i ► ► C: •\� •► 1. 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 Viewshed Review 06- 006. 3. 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. 4. Development shall conform to the approved plans for Viewshed Review 06-006, on file in the Community Development Department. 5. Development shall conform to the Single-Family (SF) zoning requirements except as otherwise approved.