R 2462
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RESOLUTION NO. 2462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE GRANTING A VARIANCE, CASE
NO. 91-156, APPLIED FOR BY RICHARD AND TERRY
PAYNE AT 212 MILLER WAY TO CONSTRUCT A TWO
STORY SINGLE FAMILY RESIDENCE THAT EXCEEDS
THE 30 FOOT HEIGHT UMIT, ADOPTING A NEGATIVE
DECLARATION AND INSTRUCTING THE CITY CLERK
TO FILE A NOTICE OF DETERMINATION.
WHEREAS, the City Council of the City of Arroyo Grande has considered Variance
Application No. 91-156, filed by the Richard and Terry Payne, for a variance at 212 Miller Way
L in the RA-B3 Residential Agricultural Zone; and
WHEREAS, the City Council has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the City Council has found that this project is consistent with the General
Plan and the Environmental documents associated therewith; and
WHEREAS, the project has been found to have no significant environmental impact
under the provisions of the California Environmental Quality Act (CECA); and
WHEREAS, the City Council Instructs the City Clerk to file a Notice of Determination;
and
WHEREAS, the City Council finds, after due study, deliberation and public hearing,
the following circumstances exist:
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1. The granting of this variance will not be detrimental to other properties because It will
not obstruct the enjoyment of the panoramic view of the surrounding area nor will it
affect in any way the health or safety of persons residing in or working in the
neighborhood.
2. There are exceptions or extraordinary circumstances applicable to this property
because the applicant is attempting to maintain the authenticity of the victorian design
which includes high ceilings and steep pitched roofs. This design is in keeping with
the Old Town Arroyo Grande flair and will enhance the neighborhood and surrounding
areas.
I 3. The strict application of the RA.B3 zone does deprive such property of privileges
I enjoyed by other properties in the vicinity or same zone because without the variance
L the applicants cannot build the house of their choice and dreams and also make a
contribution to the betterment of the community.
4. The 'granting of the deviation is compatible with the objectives and policies specified in
the general plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the-City of Arroyo
Grande hereby approves said variance, subject to the standard conditions of the City and
those listed below:
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General Conditions
1. The applicants shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. Development shall occur In substantial conformance with the plans presented to the
City Council at the meeting of April 23, 1991 and marked "Exhibit A" and "Exhibit BO.
3. The appllC8j"lts shall agree to defend at hls!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$shall
reimburse the City, Its agents, officers, or employers, for any court costs and
attorney's fee's which the City, Its agents, officers or employees may be required by a
court to pay as a result of such action. The City may, at It$ sole discretion, participate
at Its own expense in the defense of any such action but such participation shall not
relieve applicants of his!her obligations under this condition. l
4. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall Include, but are not limited to, low flow shower heads, water
saving toilet$, Instant water heaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and etcetera. All fixtures and designs shall be
Installed prior to final occupancy.
Planning Department Conditions
5. Development shall conform with the RA-B3 zoning requirements unless otherwise
approved.
6. Pad Elevation for the house shall be no higher than 218.5 feet based on city bench
mark number 104 located at the southwest corner of North Mason Street and LePolnt
Street.
7. Maximum elevation of the house, excluding chimneys, shall be 251.5 feet.
8. Final colors and materials shall be approved by the Architectural Adl(isory Committee
prior to Issuance of building permits.
Building Department Conditions
9. Prior to issuance of building permit$, the applicant shall obtain necessary permits for:
a. Work In the public right of way;
b. Retaining walls; and
c. Grading.
10. All structures as regulated by the currently adopted Issues of the Uniform Building
Code and related codes, are subject to all seismic conditions as they would apply. to
Earthquake Zone 4.
11. All structures as regulated by the currently adopted Issues of the Uniform Building
Code and related codes, are subject to energy regulations as described In Title 24 of
the California Administrative Code. l
12. No construction shall begin on the house or garage until the finished grade of the
pads Is certified by a licensed surveyor to be as approved by the City Council.
Public Works Department Conditions
13. All Improvement plans shall be prepared by a registered civil engineer, licensed in the
State of California, and shall be approved by the Public Works Director prior to
Issuance of any City Permits. Improvement plans shall include, but are not limited to,
grading, street, drainage, sewer, water, and appurtenant Improvements. As required,
the plan submittal shall Include construction cost estimates, plan check fees, soil
reports, and all other pertinent engineering design calculations.
14. "Standard Specifications for Public Works Construction", latest edition, and the latest
edition of the "Standard Plans for Public Works Construction", as amended by the City,
shall be the project specifications, except as noted otherwise on the approved
Improvement plans.
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15. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of
the Uniform Building Code, and/or as recommended by the soils report with prior
review and approval of the Director of Public Works.
16. It is the contractor's responsibility to control dust and erosion throughout the
construction operation. This includes dust arising from the transport of grading
materials to or from the construction site. The develop~r or his agents or employees
shall be responsible for removal and clean-up of any spill on public streets during the
construction operation.
On motion by Council Member Dougall, seconded by Council Member Smith, and by
the following roll call vote, to wit:
I AYES: Council Members Dougall, Smith, Olsen and Moots
NOES: None
! ABSENT: Mayor Millis
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the foregoing Resolution was adopted this 23th day of April, 1991.
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GENE MOOTS, MAYOR PRO TEM
ATTEST:
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ITV ATTORNEY
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. 2462, is a true, full and
correct copy of said Resolution passed and adopted at a regular rreeting
of said Council on the 23rd day of April, 1991.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 1st day of May, 1991.
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CITY CLERK ~
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