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PC R 96-1593RESOLUTION NO. 96-1593 A RESOLUTION OF THE PLANNING CONIlVIISSION OF THE CITY OF ARROYO GRANDE RECONIlVIENDING AN INTERPRETATION OF THE DEVELOPMENT CODE TO THE CITY COUNCIL REGARDING THE. CONVERSION OF AN EXISTING SINGLE FAMII.Y STRUCTURE TO A SECOND DWELLING tTNIT AND RECOMMENDING A DEVELOPMENT CODE AMENDMENT WHEREAS, the Development Code was adopted by the City Council on May 14, 1991, and became effective on June 13, 1991; and WHEREAS, Section 9-01.110 (G)(3) of the Development Code provides the Planning Commission with the authority to clarify ambiguities and uncertainties in the Title; and WHEREAS, Section 9-01.110 (G)(5) of the Development Code provides the Planning Commission with the authority and responsibility to make recommendations to the City Council on Development Code Amendments; and WIiEREAS, Section 9-11-140 of the Development Code establishes the procedures and standards for the establishment of second residential dwelling units; and WAEREAS, the City has received an inquiry regarding the procedures for converting an existing nonconforming single family residential structure to a second residential dwelling unit upon completion of a new single family residence on the same lot; and � WHEREAS, the Planning Commission, after due research and deliberation finds that: 1. As presently written, the Arroyo Grande Development Code does not permit the conversion of existing single family dwelling units to second residential units, because the Development Code specifically states the primary dwelling unit must be completed and occupied prior to filing an application for a second dwelling unit. Furthermore, a building permit for a new single family residence on the same lot cannot be issued prior to the issuance of a conditional use permit for the second dwelling unit; and 2. As presently written, the Anoyo Grande Development Code may not permit the conversion of legally existing nonconforming structures to second residential dwelling units, because the nonconforming nature of the structure may require a variance and the Development Code specifically prohibits the granting of variances for second dwelling units; and 3. The existing Development Code should be amended in order to establish specific provisions allowing for the conversion of legally existing single family structures to second residential dwelling units. Furthermore, since many of the older single family structures may be nonconforming, the Development Code Amendment should include specific provisions addressing these types of structures. . Resolution No. 96-1593 Second Dwelling Unit Interpretation . December 3, 1996 � Page 2 ' NOW, THEREFORE, BE TT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council direct staff to initiate a Development Code Amendment in order to establish specific .provisions allowing for the conversion of legally existing single family structures to second residential dwelling units. On motion by Commissioner Deviny, seconded by Commissioner Keen, and by the following roll call vote to wit: ., � AYES: Commissioners Deviny, Keen, Titus, Lubin and Tappan NOES: None ' � - ABSENT: J None the foregoing Resolution was passed and adopted this 3rd day of December, 1996. . „. ATTEST: 1 , �� � � QM-� : r L'u e�Breese, Commissian Clerk William Tapp , Chair " TO CONTENT: Blanck, Community Development Director