CC 2018-06-12_10a Appeal CUP_1212 Flora Road_PP Presentation
Consideration of Appeal Case No. 18-001 – Appeal of Determination Relating to Conditional Use Permit 18-001;
1,784 Sq. Ft. Accessory Dwelling Unit in the Agricultural Zoning District
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Background
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CUP submitted
ARC reviewed – recommended approval
PC denied
Applicant appealed to City Council
Alternative location proposed
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Project Location/Site
Zoned General Agriculture (AG)
Located at 1212 Flora Road
Surrounding land uses include:
Ag property to the west, north, and east
Residential to south
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Subject Property
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Proposed Project
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Proposed Project
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Proposed Project
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General Plan
Concern is Ag Land
Proposed project supported by Agriculture, Conservation, and Open Space Element
Siting of the ADU to the edge of the property, on land previously developed with driveway allows for preservation of land for further agricultural uses
2012 Bicycle and Trails Master Plan (Circ & Parks and Rec Element)
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Zoning District
Zoned General Agriculture - Primary purpose provide for and protect lands for agricultural crop production, grazing, limited sales of agricultural products, and limited ag support industries.
AGMC 16.12.170.F. – conversion and mitigation required when discretionary entitlements subdivide or change the land use for property zoned ag to a non-agricultural use
AGMC 16.28.040.B.1. – accessory buildings and structures shall be sited to minimize disruption of ag operation, avoid conversions of productive land and take advantage of existing infrastructure
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Agricultural Conversion
Item discussed by Planning Commission
AGMC 16.12.170.F.1. – Ag land is converted and mitigation required by applicants for discretionary entitlements which will subdivide or change the use of land zoned agriculture to any
non-agricultural use
No change to underlying zoning/land use and no subdivision – no conversion/mitigation
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Maximum Size
No maximum size for ADU in AG districts
Residential maximum is 1,200 or 50% of main house on lots typically sized 6,750 and 50,000 sq. ft.
Subject property is ~220,000 sq. ft.
No ADU maximum imposed by State Law
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Architecture
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Architecture - Alternate
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Landscaping
Landscaping, including new trees, included
Final landscape plan to return to the ARC for recommendation to CDD
ARC commented to keep landscaping close to ADU to lessen potential impact to remainder ag land
ARC also discussed importance of plant choice for fire resistance
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Advisory Committee Reviews
SAC
Supportive of project with conditions included in the prepared Resolution
ARC
Reviewed architecture, landscaping, and structure siting
Supportive of project due to siting
Preferred board and batten or shiplap siding (now proposed by applicant)
Review of final landscaping, lighting, and architecture reviewed for recommendation to CDD
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Planning Commission Review
Discussed residential densities for AG, nonconforming property status, current ADU regulations, potential of project to jeopardize thoughtful future subdivision and development, and
precedent of CUP approval
Unable to make Finding #2
Proposed use will impair integrity and character of AG district, constrain site from fulfilling primary purpose of AG district
Finding for denial carried forward in recommended Council Resolution
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Environmental Review
The project was reviewed in accordance with the California Environmental Quality Act (CEQA)
Exempt per Section 15303(a)
New construction of an accessory dwelling unit
Also exempt per Section 15270
CEQA does not apply to project which a public agency rejects or disapproves
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Public Notification
Notice of public hearing mailed to all property owners within 300’ of the site, published in the Tribune, and posted at City Hall, on the City’s website, and at the project site on June
1, 2018
Agenda and staff report posted in accordance with GC 54954.2
Number of comments received, including additional comments after Agenda preparation
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Recommendation
The Planning Commission recommends the City Council adopt a Resolution denying Appeal Case No. 18-001 and upholding its denial of Conditional Use Permit 18-001
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Conditional Use Permit 18-001 as revised and presented to the City Council on June 12,
2018 as set forth in Exhibit “B”
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