PC R 06-1997RESOLUTION NO. 06-1997
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE DENYING PLOT PLAN REVIEW CASE NO. 05-027
& VIEWSHED REVIEW CASE NO. 05-020; APPLIED FOR BY PACE
BROTHER'S CONSTRUCTION; LOCATED AT 123 WHITELEY STREET
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Plot
Plan Review 05-027, and Viewshed Review 05-020 filed by Pace Brother's Construction,
to construct a finro story, single family house; and
WHEREAS, on March 21, 2006, the Planning Commission requested a public hearing in
accordance with the City Municipal Code; and
WHEREAS, the Planning Commission has held a public hearing on these applications in
accordance with the City Municipal Code on April 4, 2006; and
WHEREAS, the Planning Commission has found that this project is not 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 cannot be adopted; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
FINDINGS OF DENIAL
Plot Plan Review
1. The proposed project is not consistent with the goals, objectives, policies and
programs of the Arroyo Grande general plan;
Section C/OS2-1.3 of the 2001 General Plan states:
Where feasible, maintain 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 existing development exists to the
contrary, prevent removal of riparian vegetation within 25 feet of the top of
stream bank.
In addition, Section 16.64.060(R) of the Municipal Code of the City of Arroyo Grande
states:
Creek Dedications. For any subdivision or parcel map or development
project requiring discrefionary review abutting the 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 to the city all the area that
includes the stream bed and twenty-five (25) feet back of the stream bank,
RESOLUTION NO. 06-1997
PLOT PLAN REVIEW 05-027 AND VIEWSHED REVIEW 05-020
PAGE 2
areas designated as environmentally sensitive based on a biology report
prepared by a qualified biologist or other appropriate areas mutually
acceptable for the purposes of "open space," flood control or "green belt. "
Exceptions to the requirements established in this subsection can be
made only upon a finding that its application would violate federal or state
la w.
The Planning Commission finds that the project violates these two provisions and thaf
fhere is adequafe room on the property to construct a home of a size commensurate
with existing homes within the surrounding neighborhood.
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 protect neighboring
properties from nuisances such as poor air quality, electrical or electronic interference,
fire and explosive hazards, glare, odors, smoke and vibration. The project, as proposed,
including mitigation measures does not protect sufficiently protect the creek as outlined
in the General Plan or Municipal Code.
3. The physical location or placement of the use on the site is compatible with the
surrounding neighborhood.
The proposed size of the house is too large for the buildable portion of the property
outside of the 25-foot creek buffer area. A house similar in area of other houses in fhe
neighborhood could be built on the property and still comply with the 25-foot creek
buffer.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande denies Plot Plan Review 05-027 and Viewshed Review 05-020 to
construct a finro story, single family house on located at 123 Whiteley Street with the
above findings.
On a motion by Commissioner Ray, seconded by Commissioner Tait, and by the
following roll call vote, to wit:
AYES: Commissioners Ray, Tait and Chair Fellows
NOES: None
ABSENT: Commissioner Parker
ABSTAIN: Commissioner Brown
the foregoing Resolution was adopted this 2nd day of May 2006.
RESOLUTION NO. 06-1997
PLOT PLAN REVIEW 05-027 AND VIEWSHED REVIEW 05-020
PAGE 3
ATTEST:
�J /J ��GG�:GCI� -��j -
LYN REARDON-SMITH,
SECRETARY TO THE COMMISSION
CHUCK FELLOWS, CHAIR
AS TO CONTENT:
COMMUNITY DEVEC�OPMENT DIRECTOR
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