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HomeMy WebLinkAboutPC R 2026-001PC RESOLUTION NO. 2026-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VARIANCE 25- 002; LOCATED AT 426 CROWN HILL STREET; APPLIED FOR BY JOE AND RIVA MALLI WHEREAS, the applicant submitted an application for Variance 25-002 for the reduction of front, rear and side yard setback requirements to facilitate a remodel and addition to an existing single family home as well as the construction of a garage with an ADU above on November 25, 2025; and WHEREAS, the Architectural Review Committee recommended approval of Variance 25- 002 based upon the findings for approval of the permit on January 5, 2026; 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 15301(a) of the CEQA Guidelines regarding minor alterations to existing structures; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on January 20, 2026; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the following circumstances exist and findings can be made: FINDINGS FOR APPROVAL - VARIANCE: 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; The project is located on a legally non -conforming lot in regards to width and minimum lot size. Additionally, the project is a single-family home located on a property zoned Multi -Family. Strict or literal interpretation of the specified regulation would result in practical difficulty in any efforts to build denser housing not typically faced on nearby properties. 2. That 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 majority of properties zoned Multi -Family in Arroyo Grande are significantly larger than the property in question. The irregular width of the property is an exceptional or extraordinary circumstance that creates an issue with increasing density in the Multi -Family zone. PC RESOLUTION NO. 2026-001 PAGE 2 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 Multi -Family zone is intended to provide for a variety of residential uses, encourage diversity in housing types with enhanced amenities, or provide transitions between higher intensity and lower intensity use. Strict or literal interpretation and enforcement of the specified regulations would deprive the applicant of the privileges enjoyed by the owners of properties classified in the same zone by preventing denser housing development. 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; The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same zone. The majority of properties zoned Multi -Family are legally conforming lots and contain multi -family development. The property in question is legally non -conforming in regards to width and contains a single-family home. Properties zoned Single -Family would not face the stricter setbacks currently in place for this property. 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 granting of the variance will permit higher density housing options in a Multi - Family zoning district. This will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity, as similar projects in the past have been approved nearby. 6. That the granting of a variance is consistent with the objectives and policies of the general plan and the intent of this title; The granting of the Variance is consistent with the objectives and policies of the General Plan and implements Land Use Objective LU3 and Housing element Policy A.2 by providing a broad range of Multi Family Residential housing, including allowing secondary dwelling units. FINDINGS FOR APPROVAL — VIEWSHED REVIEW: 1. The proposed structure is consistent with the intent of Municipal code Section 16.16.110; Second story additions are allowed in the Multi -Family zoning district with the approval of a Viewshed Review. The project has been reviewed to ensure that views, aesthetics, and other property values in the neighborhood are maintained. PC RESOLUTION NO. 2026-001 PAGE 3 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 consistent with the established scale and character of the neighborhood, homes on both sides of the property contain second story elements. The project will not unreasonably or unnecessarily affect views of the surrounding properties. 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 is to occur. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Variance 25-002, as presented to the Planning Commission on January 20, 2026 and shown in Exhibit "B", attached hereto and incorporated herein by this reference as though set forth in full, 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 Sackrison, seconded by Vice Chair Martin, and by the following roll call vote, to wit: AYES: Sackrison, Martin, Roof NOES: None ABSENT: Buchanan, Worthen the foregoing Resolution was adopted this 20th day of January, 2026. PC RESOLUTION NO. 2026-001 PAGE 4 ATTEST: A4- / PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR PC RESOLUTION NO. 2026-001 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL VARIANCE 25-002 426 CROWN HILL STREET This approval authorizes the construction of a new two-story single family residence located at 190 South Elm Street. CONDITIONS OF APPROVAL: GENERAL CONDITIONS: 1. This approval authorizes the reduction of required front, rear and side yard setbacks to facilitate the remodel and addition to an existing single family residence as well as the construction of a new garage with an ADU above. 2. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project including obtaining a building permit. 3. The applicant shall comply with all conditions of approval for Variance 25-002. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of January 20, 2026, and marked "Exhibit B" and on file in the Community Development Department. 5. This application shall automatically expire on January 20, 2028, unless a building permit is issued, or an extension is granted pursuant to Section 16.12.140 of the Development Code. 6. Development shall conform to the Village Residential (VR) zoning district requirements except as otherwise approved. 7. To the extent permitted by law, Applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The Applicant shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City related to this permit or approval. Although the Applicant is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the Applicant of PC RESOLUTION NO. 2026-001 PAGE 6 any obligation under this condition. 8. A copy of these conditions shall be incorporated into all construction documents. 9. The applicant shall comply with the current California Codes including the specifically adopted City of Arroyo Grande. 10. The applicant shall obtain all necessary building permits prior to any construction or demolition. ARCHITECTURAL REVIEW COMMITTEE ARC) CONDITIONS 11. The applicant shall prepare a landscape plan to be presented to the ARC after a determination is made by the Planning Commission. The purpose of this presentation is to ensure appropriate screening of all structures.