R 3180
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RESOLUTION NO. 3180
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY
OF ARROYO GRANDE DENYING THE APPEAL OF THE
PLANNING COMMISSION INTERPRETATION
REGARDING FLOOR AREA RATIO (FAR) STANDARDS;
APPLIED FOR BY LARRY GIN
WHEREAS, on August 20, 1996 the Planning Commission held a public hearing
pursuant to State Law and City Codes providing an interpretation regarding floor area ratio
(FAR) standards; and
WHEREAS, the Planning Commission made the interpretation that Development Code
Table 9-06.050-B footnote (d), establishing the FAR st.andards for all residential districts, applies
to all residential lots; and
WHEREAS, on September 11, 1996, Larry Gin, on behalf of Peter Keith and Gin
Construction, filed an appeal of the Planning Commission's interpretation stating the reasons for
the appeal include; 1) disagreement with the Planning Commission's decision, and 2) the
interpretation violates Government Code Section 66412; and
WHEREAS, the City Council of the Cit.y of Arroyo Grande held a duly noticed public
hearing on October 8, 1996 to consider said appeal; and
WHEREAS, after due study, deliberation, and public hearing; the City Council find!: that
the following circumstances exist related to said appeal:
1. The Planning Commission was correct in their interpretation of Development Code Table
9-06.050-B footnote (d); and
2. The requirement to comply with the floor area ratio standards, as set forth in
Development Code Table 9-06.050-B footnote (d), does not constitute a violation of
Government. Code Se;;tion 66412, because it does not result in the imposition of
conditions except that which are necessary to conform to the City's Development Code.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby denies the appeal of the Planning Commission's interpretation regarding floor area ratio
standards and affirms and upholds the interpretation that footnote (d) at the bottom of'T';::ble 9-
06.050-B of the Development Code applies to all residential lots irrespective of whc.l.her the
setbacks and lot coverage standards for the previous zone or present zone are applied.
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Resolution No. 3180
October 8, 1996
On motion of Council Member Souza , seconded by Council Member Brandy ,
and by the following roll call vote, to wit:
A YES: Council Members Souza, Brandy, Lady, Fuller, and Mayor Douga:!-l
NOES: None ,
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ABSENT: None I
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the foregoing Resolution was adopted this8th day of October , 1996. I
ATTEST:
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NANCY A. D IS, CITY CLERK
APPROVED AS TO CONTENT:
KbL1..t, L. /-f It ;:;;-.
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3180
OFFICIAL CERTIFICATION
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under
penalty of perjury, that the foregoing Resolution No. 3180 is a
true, full, and correct copy of said Resolution passed and adopted
at a regular meeting .of' said Council on the 8th day of October,
1996.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 10th day of October, 1996.
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NANCY A. D VIS, CITY CLERK
CITY OF ARROYO GRANDE