R 2463
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RESOLUTION NO. 2463
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT CASE NO. 91-483, TO EXCEED HEIGHT LIMIT
FOR ACCESSORY BUILDING FROM 14 FEET TO 24
FEET1 APPLIED FOR BY RICHARD AND TERRY PAYNE
AT 212 MILLER WAY, ADOPTING A NEGATIVE
DECLARATION AND INSTRUCTING THE CITY CLERK
TO FILE A NOTICE OF DETERMINATION.
WHEREAS, the City Council of the City of Arroyo Grande has considered an
application to exceed the height limit for an accessory building from 14 feet to 24 feet to allow
a storage/shop area above garage, applied for by Richard and Terry Payne at 212 Miller Way l
In the RA-B3 Residential Agricultural Zone; and
WHEREAS, the City Council has found that this project Is consistent with the General I
Plan and environmental documents associated therewith; and
WHEREAS, the City Council has reviewed the project in compliance with the
California Environmental Quality Act and has determined that a negative declaration can be
adopted and instructs the City Clerk to file a Notice of Determination; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing,
the following circumstances exist:
1. The proposed use Is consistent with the general plan.
2. The site is adequate In size and shape for the proposed use because all setbacks,
parking and other requirements, excepting height limits of the RA-B3 zone can be met.
3. The site for the proposed use has adequate access to Miller Way. ,
4. The proposed use will not have an adverse effect on the adjacent property because
existing view corridors will be preserved. I
5. The design and layout of the proposed use is suitable.
6. The project will not have an adverse effect on the environment. I
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo I
Grande hereby adopts a Negative Declaration, Instructs the Secretary to file a Notice of
Determination and approves said Conditional Use Permit, subject to appropriate standard I
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conditions of the City of Arroyo Grande, and the following special conditions: ,
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General Conditions I
1. The applicants shall ascertain and comply with all State, County and City requirements
as are applicable to this project. l
2. Development shall occur In substantial conformance with the plans presented to the
City Council at the meeting of April 23, 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 applicant shall
reimburse the City, its agents, officers, or employers, 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 applicant of his!her obligations under this condition.
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.
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Planning Department Conditions I
5. Development shall conform with the RA-B3 zoning requirements unless otherwise
approved.
6. Pad Elevation for the garage shall be no higher than 206.5 feet based on city bench
mark number 104 located at the southwest corner of North Mason Street and LaPoint
Street.
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7. Maximum elevation of the garage shall be 229.5 feet. I
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8. Final colors and materials shall be approved by the Architectural Advisory Committee i
prior to issuance of building permits.
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Building Department Conditions I
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I 9. Prior to issuance of building permits, the applicant shall obtain necessary permits for:
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\ a. Work in the public right of way;
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b. Retaining walls; and
c. Grading. I
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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. I
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 garage until the finished grade of the pads (as
approved by the City Council) is certified by a licensed surveyor.
Public Works Department Conditions
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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 ImprQVements. 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 conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of
I the Uniform Building Code, and/or as recommended by the solis report with prior
review and approval of the Director of Public Works.
L 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 removai and clean-up of any spill on public streets during the
construction operation.
17. Prior to Issuance of building permits, the applicant shall record a deed restriction and
an agreement affecting real property regarding the garage/carriage house that
prohibits plumbing fixtures in the second story and prohibits the conl/ersion of the
garage/carriage house structure to living quarters.
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On motion by Council Member Dougall, seconded by Council Member Olsen, and by
the following roll call vote, to wit:
AYES: Council Members Dougall, Olsen, Smith and Moots
NOES: None
ABSENT: Mayor Millis
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the foregoing Resolution was adopted this 23th day of April, 1991.
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GENE MOOTS, MAYOR PRO TEM l
ATTEST: I
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NANCY A. D S, CITY CLERK
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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. 2463, is a true, full and
correct copy of said Resolution passed and adopted at a regular rreeting
of said Council on the 23rd day of April, 1991.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 1st day C?f May, 1991.
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CITY CLERK..
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