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.
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