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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". � 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 � � 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. � 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. � 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. 2 � � 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 0 8 � � Robert W. Carr, Chairman Arroyo Grande Planning Commission � 3