PC R 96-1580RESOLUTION NO. 96-1580
A RESOLUTION OF THE PLANNING COMNIISSION OF
TI� CITY OF ARROYO GRANDE PROVIDING A
CLARIFICATION TO THE CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT CASE NO. 95-539 FOR
266 ASPEN STREET
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 uncertainti�s within City approvals; and
WHEREAS, on November 21, 1995, the Planning Commission approved Conditional
Use Permit (CUP) Case No. 95-539, Tentative Parcel Map Case No. 95-525, and Variance Case
No. 95-192 allowing a density bonus for a two lot planned unit development in exchange for
establishing the existing house as a low-income residential unit; and
WHEREAS, on November 21, 1995, the Planning Commission adopted Resolution 95-
1539 approving Conditional Use Permit Case No. 95-539 with the following condition of
approval:
14. Prior to recordation of the Parcel Map, the applicants shall submit for review and
approval of the City Attorney, a deed restriction which shall designate that the
existing dwelling unit on proposed Parcel 2 shall be offered for rent as a"low-
income" housing unit. The dwelling unit shall provide continued affordability to
low-income residents which shall not exceed rental rates above 30 percent of 60
percent of the area median income, and the dwelling unit shall be a low-income
dwelling unit for a minimum of 30 years or a longer period of time if required
by the construction or mortgage financing assistance program, mortgage insurance
program or rental subsidy program. Said deed restriction shall be recorded prior
to or concunently with the Parcel Map.
WHEREAS, the Planning Commission has been requested to make a formal
interpretation as to if Condition No. 14 of Resolution No. 95-1539 allows the sale or rental of
the low-income housing unit; and
WI3EREAS, the Planning Commission, after due research and deliberation finds that: �
1. Condition No. 14 contains references to "mortgage financing assistance program" and
"mortgage insurance program", both of which imply that the low-income housing unit
could in fact be sold at an affordable amount; and
2. The option to sell or rent the low income housing unit increases the availability of
affordable housing and assists the City in meeting the goals established in the Regional
Housing Needs Plan.
Resolution No. 96-1580
August 20, 1996
Page 2
NOW, THEREFORE, BE IT RFSOLVED that the Planning Commission of the City
of Arroyo Grande hereby makes the interpretation that Condition of Approva� No. 14 of
Resolution No. 95-1539 allows the sale or rental of the designated low income housing unit with
an appropriate deed restriction to maintain the unit as low-income for a 30 year or longer period.
On motion by Commissioner Lubin, seconded by Commissioner Keen, and by the
following roll call vote to wit:
AYFS: Commissioners Lubin, Keen, Deviny, Titus and Tappan
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of August, 1996.
ATTEST:
�
. G—�
Breese, Commission erk William Tappan, Chairperson
AS TO CONTENT:
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U�. 9.�.�, r — 1�.�u�,U � G'1 JM'�C.1� �
Doreen Liberto-Blanck, Community Development Director