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PC R 16-2247RESOLUTION NO. 16-2247 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING THE APPEAL (APL 16-001) OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION TO APPROVE ARCHITECTURAL REVIEW 15-012 AND MINOR EXCEPTION 15-008; LOCATION - PAULDING CIRCLE (EAST VILLAGE PLAZA); APPLICANT — DEBLAUW BUILDERS; APPELLANT — DILLER RYAN WHEREAS, the Community Development Director of the City of Arroyo Grande approved Architectural Review 15-012 and Minor Exception 15-008 on February 5, 2016 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission finds that the proposed project is consistent with the City's General Plan, Development Code, and categorical exemption under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances do exist: Required Findings: Architectural Review Findings: 1. The proposal is consistent with the architectural guidelines of the city, or guidelines prepared for the area in which the project is located. The Architectural Review Committee reviewed the project with the guidance of the D-2.11 Design Guidelines and determined the project to be consistent with all applicable guidelines. 2. The proposal is consistent with the text and maps of the Arroyo Grande general plan and this title. The proposal is consistent with the text and maps of the Arroyo Grande general plan and the Development Code, as recommended by the Architectural Review Committee. The location falls within the D-2.11 Overlay District and is subject to compliance with the D-2.11 Design Guidelines. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. The proposal is not detrimental to the health, safety, comfort or general welfare of persons residing or working in the neighborhood, as recommended by the Architectural Review Committee. Conditions of approval developed for the original Planned Unit Development for East Village Plaza (EVP) will ensure that it is not detrimental to the public. RESOLUTION NO. 16-2247 PAGE 2 of 6 4. The general appearance of the proposal is in keeping with the character of the neighborhood. The Architectural Review Committee reviewed the project with the guidance of the D-2.11 Design Guidelines and determined the project to be consistent with the Village character. 5. The proposal is not detrimental to the orderly and harmonious development of the city. The project is consistent with the Planned Unit Development for EVP, which was approved with a finding that the overall development will not be detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. The proposal will help complete a partially developed mixed use project (EVP), which will improve the context of the existing structures within EVP and promote investment and occupation within the neighborhood and greater Village Area. Minor Exception Findings: 1. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship. Limiting the building height to 30' will create a roof pitch that is not in character with the proposed Craftsman style of architecture or with other structures within the EVP development. The proposed height of 33' is less than the 36' height limit allowable through the Minor Use Permit process. 2. There are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. The site is constrained by its proximity to Arroyo Grande Creek and the required 25' creek setback, which creates a narrow building envelope and therefore provides limited development potential. Because of its location, the site is at a lower elevation than the EVP lots that front on East Branch Street. The building will therefore appear lower when viewed from East Branch Street. Visual impacts of the building will be further reduced after construction of Lots 1 and 2, which front on East Branch Street. RESOLUTION NO. 16-2247 PAGE 3 of 6 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district. The strict or literal interpretation of the 30' height limit will deprive the property owner of constructing a taller structure enjoyed by other property owners within the Village Area. 4. The granting of the minor exception will not constitute a grant of special privileges inconsistent with the limitations on other properties classified in the same district and 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 minor exception would not constitute a grant of special privilege because there are buildings with comparable heights within the Village Area, and at least one building that is taller. 5. The granting of a minor exception is consistent with the objectives and policies of the General Plan and the intent of Title 16 of the Municipal Code. The objectives of the General Plan are implemented through the Municipal Code and the proposed project is consistent with the purpose and intent statement of the Minor Use Permit -Minor Exception provisions in the Municipal Code which provide flexibility to allow adjustments to development standards that are compatible with vicinity uses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby denies the appeal of the Community Development Director's decision to approve Architectural Review 15-012 and Minor Exception 15-008 with the above findings and subject to the conditions set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Keen, seconded by Commissioner Mack, and by the following roll call vote, to wit: AYES: Keen, Mack, Fowler -Payne, Martin, George NOES: None ABSENT: None the foregoing Resolution was adopted this 15th day of March, 2016. RESOLUTION NO. 16-2247 PAGE 4 of 6 ATTEST: l m DEBBIE WEI RINGER SECRETARY TO THE COMMISSION AS TO CONTENT: TERESA MCCLISH COMMUNITY DEVELOPMENT DIRECTOR v� CG OR RESOLUTION NO. 16-2247 PAGE 5 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL ARCHITECTURAL REVIEW 15-012 MINOR EXCEPTION 15-008 PAULDING CIRCLE (LOTS 8 & 9 OF EAST VILLAGE PLAZA) COMMUNITY DEVELOPMENT DEPARTMENT 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 conformance with the plans on file in the Community Development Department. Any modification to the proposed project shall be reviewed by the Community Development Department and may require additional review by the Architectural Review Committee and/or Planning Commission. 3. This application shall automatically expire on February 5, 2018 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply to the Community Development Director for an extension of one (1) year from the original date of expiration. 4. The applicant shall agree to defend at his/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 employees, for any court costs and attorney's fees 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. 5. The project shall comply with the current editions of all California Codes, including the issuance of a building permit prior to commencement of work. SPECIAL CONDITIONS: 6. The parking for Lot 4 contained in the existing garage shall remain open for shared parking within the development. 7. The Alder trees shall be replaced with drought tolerant native species, preferably Coast Live oak trees. RESOLUTION NO. 16-2247 PAGE 6 of 6 8. If over 500 square feet of landscaping is installed, the project will be subject to the provisions of the State Water Efficient Landscape Ordinance (per Arroyo Grande Municipal Code Chapter 16.84). ENGINEERING DIVISION CONDITIONS: 9. Prior to issuance of building permit, the applicant shall record a realigned P.U.E. for the sewer line and obtain an encroachment permit for any work performed in the P.U.E. A substantial bypass plan prepared by a Civil Engineer shall also be submitted.