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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 . �r�� 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. "