Loading...
PC R 11-2130 RESOLUTION NO. 11-2130 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 11-003; LOCATED AT 244 WEST BRANCH STREET; APPLIED FOR BY RICK AiVD MERRILEE DONALD WHEREAS, the applicant has filed Conditional Use Permit 11-003 to construct a new finro-story 2,550 single-family residence and covert an existing 684 square-foot residence to a secondary dwelling unit ; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is exempt per Section 15303 of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on April 19, 2011; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use�Permit Findings: -� 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. � The proposed use of a primary and secondary residence on a property in the Single-Family (SF) D-2.4 zoning district is allowed under the provisions of Municipal Code Section 16.52.150. � � 2. The proposed use would not impair the integrity and character of the � district in which it is to be established or located. The proposed use of a primary and secondary residence would not impair the integrity or character of the Single-Family (SF) D-2.4 zoning district, which is a residential district. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the proposed use of a primary and secondary I residence, as the development meets applicable development standards -- relafing to parkmg, build�ng he�ght and setbacks. The development RESOLUTION NO. 11-2130 CUP 11-003 APRIL 19, 2011 PAG E 2 of 5 exceeds the maximum allowed floor area ratio (FAR); however, the visual impact of the increased FAR is minimized due to the topography of the property and the split-leve!design of the new residence. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. There are adequate provisions for all utilities and services necessary to ensure pub/ic health and safety. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed use of a primary and secondary residence on a lot in the Single-Family (SF) D-2.4 zoning district will not be detrimental to the � public health, safefy or welfare, nor will it be materially injurious fo properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of -_ qrro;<o Grande hereby approves Conditional Use Permit 11-003 with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated. . herein by this reference. � �' On motion by Commissioner Martin, seconded by Commissioner Keen, and by the � � following roll call vote, to wit: . � AYES: Commissioners Martin, Keen, Sperow and Ruth � � . NOES: Commissioner Barneich ABSENT: None the foregoing Resolution was adopted this 19�' day of April, 2011�. � RESOLUTION NO. 11-2130 ' CUP 11-003 . APRIL 19, 2011 PAG E 3 of 5 ATTEST: � � �. DEBBIE WEICHINGER, I ETH RUTH, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: VV� � TERE A MCCL H COMMUNITY DEVELOPMENT DIRECTOR � i ' RESOLUTION NO. 11-2130 CUP 11-003 APRIL 19, 2011 PAGE 4 of 5 + EXHIBIT `A' I � CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 11-003 244 WEST BRANCH STREET This approval authorizes the construction of a new finro-story single-family residence and the conversion of an existing residence to a secondary dwelling unit. GENERAL CONDITIONS: 1. The developer shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The developer shall comply with all conditions of approval for Conditional Use Permit 11-003. � 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at its meeting of April 19, 2011. 4. The developer shall agree to defend at his/her sole expense any action brought -- against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The developer shall reimburse the City, its agents, officers, or employees, for any court costs and 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 the developer of his/her obligations under this condition. 5. All construction shall conform to the latest adopted California Building Codes. 6. The developer shall comply with the requirements of Municipal Code Section 16.52.150 (Second Residential Dwellings) and the development standards for the Single-Family (SF) D-2.4 zoning district, except as otherwise approved. ARCHITECTURAL REVIEW COMMITTEE CONDITIONS: 7. The colors of the new residence shall be similar to those approved by the Architectural Review Committee (ARC) at its meeting of April 4, 2011 (primary color: River Reed, trim/accent color: Marsh Shadow). 8. The windows on the new residence shall be consistent in design (shape, proportion/ratio). RESOLUTION NO. 11-2130 CUP 11-003 APRIL 19, 2011 PAG E 5 of 5 PLANNING COMMISSION CONDITIONS: 9. The new residence shall not exceed 25' in height. 10. The new residence shall not exceed a floor area ratio (FAR) of 0.40. I