R 2991
RESOLUTION NO. 299 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF REVISED VIEWSHED
REVIEW CASE NO. 92-39, APPLIED FOR BY JIM AND
CHRISTY HOXTER, FOR A SECOND STORY ADDITION TO
A SINGLE FAMILY RESIDENCE, LOCATED AT 213
FAIRVIEW DRIVE, AND DENYING THE APPEAL OF THE
ABOVE DECISIONS
WHEREAS, the City 01 Arroyo Grande has received an application Irom Jim and Christy
Hoxter to construct a second story addition to a single lamlly residence at 213 Falrvlew Drive In
the SF, Single Family zone; and
WHEREAS, the Planning Commission 01 the City 01 Arroyo Grande held a duly noticed
public hearing on the project on May 4, 1993; and
WHEREAS, after due study, deliberation and public hearing, the Planning Commission
approved the application lor Revised Vlewshed Review Case No. 92-39 based on the lollowlng
Ilndlngs ollact:
1. The proposed structure Is consistent with the Intent 01 Section 9-03.130 01 the
Development Code.
2. The proposed structure Is consistent with the established scale and character 01 the
neighborhood because the surrounding neighborhood consists 01 both low profile, single
story homes as well as two story homes. The proposed structure will not unreasonably
or unnecessarily affect views 01 surrounding properties.
3. The proposed structure will not unreasonably or unnecessarily Interfere with the scenic
view Irom any other property, judged In light 01 permitting reasonable use and
development on the property on which the proposed structure or expansion Is to occur
because all available measures have been taken to reduce Impacts on views and the loss
01 views resulting Irom development 01 this project will be minimal; and
WHEREAS, an appeal 01 the Planning Commission's decision was Iiled on May 21, 1993
by Ruth Brockway; and
WHEREAS, the Arroyo Grande City Council held a duly noticed public hearing on the
aforementioned appeal on June 22, 1993, at which time all Interested persons were given the
opportunity to be heard; and
WHEREAS, after due study, deliberation and public hearing, the City Counclllinds that
the findings ollact made by the Planning Commission were appropriate.
NOW, THEREFORE, BE IT RESOLVED that based on the above Inlormation, the City
Council 01 the City 01 Arroyo Grande hereby denies the appeal 01 Revised Vlewshed Review Case
No. 92-39 and upholds the Planning Commission's approval subject to lollowlng conditions 01
approval:
General Conditions
1. The applicant shall ascertain and comply with all State, County and City requirements as
are applicable to this project.
2. Development shall occur In substantial conlormance with the plans presented to the
Planning Commission at the meeting 01 May 4, 1993 and the City Council at the meeting
01 June 22,1993; and marked "Exhibit A".
3. The applicant shall agree to delend at his/her sole expense any action brought against
the City, Its agents, officers, or employees because 01 the Issuance 01 said approval, or
In the alternative, to relinquish such approval. The applicant shall reimburse the City, its
agents, officers, or employees, lor any court costs and attorney's lee's-whlch the City, Its
agents, officers or employees may be required by a court to pay as a result 01 such
action. The City may, at its sole discretion, participate at its own expense in the defense
01 any such action but such participation shall not relieve applicant 01 his/her obligations
under this condition.
Resolution No.2 9 91
Vlewshed Review Case No. 92-39
213 Falrvlew Drive
June 22, 1993
Page Two
Planning Department Conditions
4. Development shall conform with the SF zoning requirements unless otherwise approved.
5. Prior to Issuance of building permits, the applicant shall remove the two existing
eucalyptus trees In the front yard.
On motion of Council MemberSouza, seconded by Council MembefBrandy, and by the
following 'roll call vote, to wit:
A YES: Council Members Souza and Brandy and Mayor Gallagher
NOES: Council Member Moots
ABSENT: Council Member Burke
the foregoing Resolution was adopted this 22nd day of June, 1993.
r
ATTEST:
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NANCY A. VIS, CITY CLERK
APPROVED AS TO FORM:
ROG~TTORNEY
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Resolution No. 2991 , is a true, full
and correct copy of said Resolution passed and adopted at a regular
meeting of said Council on the 22nd day of June, 1993.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 25th day of June, 1993.
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CITY C