R 4264 RESOLUTION NO. 4264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING MINOR USE PERMIT —
PLOT PLAN REVIEW 10 -005 AND THE WAIVER OF FEES;
LOCATED AT 122 ALLEN STREET; APPLIED FOR BY
DUKE AND LORI STERLING
WHEREAS, on May 26, 2009, The City Council approved a time extension and modified
conditions of approval for the Tentative Tract Map 2653 (Cherry Creek Project) and
requested that staff work with private parties to relocate the vintage structure known as
the "Stilwell House "; and
WHEREAS, the applicant has applied for a Minor Use Permit 10 -005 and waiver of fees
to relocate the "Stilwell House" from 734 Myrtle Street to 122 Allen Street for the purpose
of preservation of the structure; and
WHEREAS, the City Council, in consideration of the project in accordance with Municipal
Code Section 16.12.070 for concurrent applications, has found that this project is
consistent with the City's General Plan and the Development Code, specifically Section
16.16.080 relating to Minor Use Permits -Plot Plan Review; and
WHEREAS, the City Council has considered approval of Minor Use Permit -Plot Plan
Review No. 10 -005 and the waiver of fees at a meeting on March 9, 2010 in accordance
with the Municipal Code of the City of Arroyo Grande; and
WHEREAS, the City Council 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 determined that the project is exempt
per CEQA Guidelines section 15301; and
WHEREAS, the City Council finds, after due study, deliberation that the following
circumstances exist:
1) The proposed project is consistent with the goals, objectives, policies and
programs of the Arroyo Grande General Plan;
a. The property is approximately 13,645 square feet in area, zoned Village
Mixed Use and is currently developed with two attached and one detached
apartment units.
b. The zoning allows for a total of 4.69 units. With the addition of the Stilwell
House, the parcel will be developed with a total of 4 units.
c. Approval of a Plot Plan Review certifies that the land use or development
will satisfy all applicable provisions of the Municipal Code and allows the
Director of Community Development to develop reasonable conditions to
ensure compliance.
d. Approval of a Plot Plan Review enables issuance of a building permit under
RESOLUTION NO. 4264
PAGE 2
Title 15 of the Arroyo Grande Municipal Code or the establishment of a land
use that does not require a building permit but is still subject to the
standards of Title 15.
2) The proposed project conforms to applicable performance standards and will not
be detrimental to the public health, safety or general welfare;
a. The Municipal Code mandates performance standards to ensure the public
health, safety or general welfare.
b. Due to the relatively large size of the lot, the configuration of the existing
units, the placement of the Stilwell House and the development of parking
and access facilities, landscaping and the installation or repair of curbs,
gutters, sidewalks and driveways, the project will meet all applicable
requirements of the Municipal Code.
c. The establishment of four residential units, one of which has a small
commercial office component and is being restored and relocated from
another parcel in the Village is consistent with the surrounding houses in
the Village Mixed Use zone.
d. Conditions of approval developed for this project ensures compliance with
the Municipal Code and protects the public health, safety or general welfare
related to building and fire codes.
3) The physical location or placement of the use on the site is compatible with the
surrounding neighborhood.
a. The relocation and placement of the Stilwell house near the front of the
property is consistent in scale and existing setbacks of residences on Allen
Street and within the Village Mixed Use district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Minor Use Permit -Plan Plan Review 10 -005 with conditions of
approval as set forth in Exhibit "A ", attached hereto and incorporated herein by this
reference, and the waiver of fees in the amount of $6,517.
On motion by Council Member Fellows, seconded by Council Member Arnold, and by the
following roll call vote, to wit:
AYES: Council Members Fellows, Arnold, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 9 day of March 2010
RESOLUTION NO. �2loy
PAGE 3
TONY FE , MAYOR
ATTEST:
KELLY W MOT, CITY CLERK
APPROVED AS TO CONTENT:
ST E D S, CITY MANAGER
APPROVED AS TO FORM:
TI , THY J. CAR L, CITY ATTORNEY
RESOLUTION NO. 4264
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
MINOR USE PERMIT — PLOT PLAN REVIEW 10 -005
122 ALLEN STREET
This approval authorizes the relocation and placement of the "Stilwell House" at 122 Allen
Street;
PLANNING DIVISION
1. The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. The project shall substantially conform to the plans on file in the Community
Development Department dated March 2, 2010.
3. 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.
4. This permit shall expire on March 2, 2012 unless a building permit is issued for
the project.
5. The Stilwell house shall be placed upon a new permanent foundation within 30
days of moving the structure to the property.
6. The applicant shall abide by all asbestos regulations imposed by the Air Pollution
Control District.
7. Restoration of the exterior of the Stilwell house shall be consistent with the
Secretary of the Interior's Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating Restoring & Reconstruction Historic
Buildings.
BUILDING DIVSION
8. The applicant shall comply with the 2007 Califomia codes including
the specifically adopted City of Arroyo Grande provisions.
ENGINEERING DIVISION
9. Install City Standard curb, gutter and sidewalk across the 80.5 foot lot frontage
RESOLUTION NO. 4264
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on Allen Street
10. Install a City Standard drive approach.
11. New wire utility service shall be underground.
12. Provide a site drainage plan showing how stormwater runoff will be directed.
13. Provide a new street tree approved by the Community Development and Parks,
Recreation and Maintenance Departments.
14. Provide water and sewer service to the Stilwell House as determined by the
Utilities Superintendent.
RECREATION AND MAINTENANCE SERVICES
15. The applicant shall replace any removed trees at a one to one ratio of a species
and size acceptable to the Director of Recreation and Maintenance Services.
16. The applicant shall install two street trees consistent with the Community Tree
Program and to the satisfaction of the Director of Recreation and Maintenance
Services.
17. The applicant shall submit a landscape plan minimizing the use of sod and
utilizing drought tolerant plants to the satisfaction of the Director of Recreation
and Maintenance Services.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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 attached
Resolution No. 4264 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of
Arroyo Grande on the 9 day of March 2010.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11"' day of
March 2010.
q41-1/ WII
KELLY WETMORE, CITY CLERK
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