PC R 91-1329RESOLUTION NO. 91-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE GRANTING A
��,�_ VARIANCE, CASE NO. 91-156, APPLIED FOR BY
' RICHARD AND TERRY PAYNE AT 212 MILLER WAY TO
CONSTRUCT A 2 STORY SINGLE FAMILY RESIDENCE
. THAT EXCEEDS BY 7 FEET THE 30 FOOT HEIGHT
LIMIT, ADOPTING A NEGATIVE DECLARATION AND
INSTRUCTING THE SECRETARY TO FILE A NOTICE OF
DETERMINATION.
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Variance Appiication No. 91-156, filed by the Richard and Terry Payne, for a variance at 212
Miller Way in the RA Residential Agricultural Zone; and �
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with
the General Plan and the Environmental documents associated therewith; and
WHEREAS, the project has been found to have no significant environmental impact
under the provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission instructs the Secretary to file a Notice of
Determination; and
_ WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The granting of this variance will not be detrimental to other properties because
it will not obstruct the enjoyment of the panoramic view of the surrounding area
nor will it affect in any way the health or safety of persons residing in or
working in the neighborhood.
2. There are exceptions or extraordinary circumstances applicable to this property
because the applicant is attempting to maintain the authenticity of the victorian
design which includes high ceilings and steep pitched roofs. This design is in
keeping with the Old Town Arroyo Grande flair and will enhance the
neighborhood and surrounding areas.
3. The strict application of the RA-63 zone does deprive such property of
privileges enjoyed by other properties in the vicinity or same zone because
without the variance the applicants cannot build the house of their choice and
dreams and also make a contribution to the betterment of the community.
4. The granting of the daviation is compatible with the objectives and policies
specified in the general plan.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Arroyo Grande hereby approves said variance, subject to the standard conditions of the
City and those listed below:
General Conditions
The applicants shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of April 2, 1991 and marked "Exhibit A" and
"Exhibit B".
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3. The applicants shall agree to defend at his/her sole expense any action brought
against the City, its agents, officers, or employees because of the issuance of said
approval, or in the alternative, to relinquish such approval. The applicants shall
reimburse the City, its agents, officers, or employers, for any court costs and
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4. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow shower heads, water
saving toilets, instant water heaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and etcetera. All fixtures and designs shall be
installed prior to final occupancy.
Ptanning Department Conditions
5. Development shall conform with the RA-63 zoning requirements unless otherwise
approved.
6. Pad Elevation for the house shall be no higher than 218.5 feet based on city bench
mark number 104 located at the southwest corner of North Mason Street and LePoint
Street.
7.
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Building Department Conditions
9. Prior to issuance of building permits, the applicant shall obtain necessary permits for:
a. Work in the public right of way;
b. Retaining wa�ls; and
c. Grading.
attorney's fee's which the City, its agents, officers or employees may be required by a
court to pay as a result of such action. The City may, at its sole discretion, participate
at its own expense in the defense of any such action but such participation shall not
relieve applicants of his/her obligations under this condition.
Maximum elevation of the house, excluding chimneys, shall, be 251.5 feet.
Final colors and materials shall be approved by the Architectural Advisory Committee
prior to issuance of building permits.
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10. All structures as regulated by the currently adopted issues of the Uniform Building
Code and related codes, are subject to all seismic conditions as they would apply to
Earthquake Zone 4.
11.
All structures as regulated by the currently adopted issues of the Uniform Building
Code and related codes, are subject to energy regulations as described in Title 24 of
the California Administrative Code.
12.
No construction shall begin on the house or garage until the finished grade of the
pads is certified by a licensed surveyor to be as approved by the Planning
Commission.
Public Works Department Conditions
13. All improvement plans shall be prepared by a registered civil engineer, licensed in the
State of California, and shall be approved by the Public Works Director prior to
issuance of any City Permits. Improvement plans shall include, but are not limited to,
grading, street, drainage, sewer, water, and appurtenant improvements. As required,
the plan submittal shall include construction cost estimates, plan check fees, soil
reports, and all other pertinent engineering design calculations.
14. "Standard Specifications for Public Works Construction", latest edition, and the latest
edition of the "Standard Plans for Public Works Construction", as amended by the City,
shall be the project specifications, except as noted otherwise on the approved
improvement plans.
15. All grading shall confo�m to the City's Grading Ordinance (303 C.S.) and Chapter 70 of
the Uniform Building Code, and/or as recommended by the soils report with prior
review and approval of the Director of Public Works.
16. It is the contractor's responsibility to control dust and erosion throughout the
construction operation. This includes dust arising from the transport of grading
materials to or from the construction site. The developer or his agents or employees
shall be responsible for removal and clean-up of any spill on public streets during the
construction operation.
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On motion by Commissioner Soto, seconded by Commissioner Souza, and by the
following roil call vote, to wit:
AYES: Commissioners' Soto, Moore and Souza
NOES: Commissioners Gallagher, Boggess and Chairman Carr
ABSENT: Commissioner Brandy .
the foregoing Resolution was denied this 2nd day of April 1991 due to lack of a majority vote.
ATTEST:
�e . hinney Se etary
Arroyo Grande PI ning Commission
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Robert W. Carr, Chairman
Arroyo Grande Planning Commission
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