PC R 92-1397ItESOLU'fl'ION NO. 92-1397
A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION RECOMMENDING THAT THE CITY
COUNCIL ADOPT A NEGATIVE DECLARATION, INSTRUCT
T� CITY CLERK TO FILE A NOTICE OF DETERMINATION
AND AMEND VARIOUS SECTIONS OF THE DEVELOPMENT
CODE (REZONE CASE NO. 92-224), APPLIED FOR BY
WASSII.Y VON BISKUPSKY
WHEREAS, the Development Code was adopted by the City Council on Niay 14, 1991 and
became effective June 13, 1991; and
WHEREAS, Wassily Von Biskupsky submitted a proposed amendment to the Development
Code (Rezone Case No. 92-224) that was found complete on April 6, 1992; and
WHEREAS, several communities were surveyed to determine if common sewer laterals were
allowed and if the common laterals created public health problems for the communities: and
WHEREAS, the communities surveyed that did allow common sewer laterals had not
experienced public health problems as a result of the common laterals; and
WHEREAS, noticed public hearings were held on Rezone Case No. 92-224 by the Planning
Commission on August 18, 1992, October 20, 1992, and December 1, 1992, at which time all interested
persons were given the opportunity to be heard; and
WHEREAS, at the public hearing of October 20, 1992 the Planning Commission reviewed the
environmental documents pertaining to the project and instructed staff to prepare a negative declaration
for the project and advertize that environmental determination;
WHEREAS, the Planning Commission has reviewed and considered the information and public
testimony presented at the public hearings and in the Development Code amendment and staff report.
NOW, TI-IEREFORE, BE IT RFSOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends that the City Council adopt a negative declaration, instruct the City
Clerk to file a Notice of Determination, and adopt the amendments outlined in Attachment "A" based
on the following findings:
1. The proposed Development Code amendment is consistent with the goals, objectives, policies,
and programs of the General Plan, and is necessary and desirable to implement the provisions
of the General Plan.
2. The proposed Development Code amendment will not adversely affect the public health, safety,
and welfare because the proposed amendment includes the requirement for the installation of
backwater devices, the requirement for annual cleaning of the laterals, and the requirement that
the homeowners' association be managed by a professional property management firm.
Furthermore, several communities were surveyed and none had experienced problems with
common sewer laterals.
3
4.
The proposed Development Code amendment is consistent with the purpose and intent of the
Development Code and in particular, Section 9-04.130 that regulates condominium conversions.
The potential environmental impacts of the proposed development code amendment are
insignificant.
On the motion of Commissioner Soto, seconded by Commissioner Tappan, and by the following
roll call vote, to wit:
AYES: Commissioners Tappan,
NOFS: Commissioner Moore
ABSTAIN: Commissioner Reilly
Soto, and Vice Chairman Carr
because the recommendation for adoption of a Development Code amendment requires four affirmative
votes of the Planning Coinmission the above resolution was not adopted and the project goes to the City
Council without recommendation of the Planning Commission.
ATTEST:
o.m
Nancy Brow Commission Clerk
�R, ,-.,.
� ��
Robert W. Carr, Vice Chairman
2 7� 1
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2, 7;2
ATTAC�IlV�NT "A"
Amend Section 9-04.130 D(3) of the Development Code as follows:
"Separate utiliry services shall be provided each dwelling �unit.- except in the
following cases:
�,. Individual �as and electric meters shall be required except in
condominium conversions where individual metering is clearly inadvisable
or impractical;
� Ind.ividual water meters shall be required except where such metering
would be in conflict wi�h an innovative energy-efficient or resour�
conservin� utility system,
�. Separate sewer laterals shall be required except in the case of air space
condominium conversions in buildings with two stories and a stacke.d
�rr�n�ement of units. "
Add Section 9-04.130 D(12) to the Development Code as follows:
"For all condominium conversions, the developer shall install water conserving
fixtures (low flow toilets. shower heads and faucets) in all units prior to
recQrdation of the final map or �riar to issuance of certificates of occupan�y for
new units. "
Add Section 9-04.130 D(13) to the Development Code as follows:
"In the case of condominium conversions with common sewer laterals, the
developer and all subsequent homeowners shall notify �otential buyers of the
�ommon sewer laterals in the real estate disclosure statement. "
Amend Section 9-04.130 E(2)(e) of the Development Code as follows:
"A copy of the proposed CC & Rs:.
� CC & Rs for condominium conversions with common sewer laterals shall
stipulate that common sewers and a�purtenances shall be maintained bX
the homeowners' association and shall receive annual maintenance and
1 nin • . .
� CC & Rs for condominium conversions with common sewer laterals shall
also sti�ulate that the homeowners' association shall be managed by a
professional prope , management firm; and
� CC & Rs shall stipulate that homeowners shall maintain water saving
fixtures in the homes and shall practice water conservation. " .
Amend Section 9-04.130 E(5) of the Development Code as follows:
"The applicable residential and/or common structures presently have, or are
intended to have plumbing in sound condition, insulation of water heaters, a�
-�.'��-� `°�:'�,�, pipes for circulated hot water where feasible, '
,
;,.��.,�. �....' _ , adequate and protected trash areas, smoke and fire
detectors, backwater devices for structures with common sewer laterals. and
such. other. .requirements as may be imposed as a condition of approval. "