R 4013RESOLUTION N0.4013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING AN APPEAL OF THE
PLANNING COMMISSION'S APPROVAL OF VIEWSHED
REVIEW 06-006 AND APPROVING VIEWSHED REVIEW
06-006; LOCATED :AT 190 FAIR VIEW DRIVE; APPLIED
FOR BY MIKE AND NANCY ATKISSON
WHEREAS, the Planning Commission of the City of Arroyo Grande adopted Resolution
No. 07-2028, approving Viewshed Review 06-006 on March 20, 2007; and
WHEREAS, an appeal of the Planning Commission's decision was filed with the City
Clerk on March 29, 2007; and
WHEREAS, the City Council of the City of Arroyo Grande has considered this appeal at a
duly noticed public hearing on May 22, 2007 in accordance with the Municipal Code of
the City of Arroyo Grande; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following findings can be made in an affirmative manner:
The proposed structure is consistent with the intent of this section (16.16.110).
The stated purpose of Development Code Section 16.16.110 is "...to preserve
the existing scope and character of established single-family neighborhoods and
to protect views and aesthetics and other property values in such neighborhoods
in a manner that is compatible with reasonable expansion on existing developed
lots and/or a new development on existing undeveloped lots" The existing
scope and character of the neighborhood will be preserved with construction of
the proposed second-story addition as it is consistent with other two-story
structures in the vicinity; additionally, the bulk of the proposed ground floor
addition is located at the rear of the structure, keeping its state and mass when
viewed from the street consistent with other structures in the vicinity. Views,
aesthetics and other property values will be protected to the extent allowed by
reasonable expansion of the structure located at 190 Fair View Drive, where
reasonable use is judged in light of other second-story additions that have been
built in the vicinity.
The proposed structure is consistent with the established scale and character of
the neighborhood and will not unreasonably or unnecessarily affect views of
surrounding properties.
Although the proposed structure approaches the maximum lot coverage allowed
in the Single-Family (SF) zoning district, the entire ground floor addition will be
located at the rear of the existing structure -the existing side yard setback on
south side of the property will be reduced by 4; however, the addition is set back
77' from the front of the property. While the total proposed floor area is larger
than other structures in the vicinity, it is important to note that the scale and
character of a structure is based on perception, not raw square-footage. The
RESOLUTION NO. 4013
PAGE 2
proposed structure is well below the maximum allowed Floor Area Ratio (FAR) -
the second-story addition constitufes only 14.3% of the total floor area.
Additionally, the second-story addition is set back from the front of the garage -
the covered deck is set back 5' from the front of the garage and the wall is set
back 12' from the front of the garage. This addition will change the scale and
character of the structure; however, the'structure will still be consistent with the
established scale and character of the neighborhood, which includes both homes
that were built as two-story structures and homes that have added second-
stories over existing single-story structures. There are no significant views of
surrounding properties that will be affected by the proposed structure.
3. The proposed structure will not unreasonably or unnecessarily interfere with the
scenic view from any other property, judged in light of permitting reasonable use
and development of the property on which the proposed structure or expansion
is to occur.
The proposed structure will interfere with the scenic view from the second floor of
the structure located 1239 Brighton Avenue, to an extent. The structure at 1239
Brighton Avenue has two second-story decks, one located at the front of the
structure and one located at the rear of the structure. The front deck has scenic
views to both the west and south, while the rear deck has scenic views to the
south. There is also asouth-facing second-story window located towards the
front of the structure. The proposed structure will obstruct the scenic views to
the south from the rear deck; however, nn c ..ni .views to the west from the front
d .rk will be affected, and the scenic views to the south from the front deck and
window will be minimally impacted due to the second-floor setback of the
proposed structure. The interference with the scenic views from 1239 Brighton
Avenue caused by the proposed structure is not unreasonable or unnecessary
~•shPn ~idoed in light of ppJmiriing reasonable use and develnnment of the
~ro;7Prty nn which the ~opoced e~nansion is to nrcur.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies the appeal and approves Viewshed Review 06-006, 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 Council Member Costello, seconded by Council Member Arnold, and by the
following roll call vote, to wit:
AYES: Council Members Costello, Arnold, and Mayor Ferrara
NOES: Council Member Fellows
ABSENT: Council Member Guthrie
the foregoing Resolution was adopted this 22rd day of May, 2007.
RESOLUTION NO.
PAGE 3
TONY FER AYOR
ATTEST:
KELLY ETI~} RE, CITY CLERK
APPROVED AS TO CONTENT:
~,i~~=r __..
STEVEN AD lam, CITY MANAGER
APPROVED AS TO FORM:
1~`
TI HY J. C EL, CITY ATTORNEY
RESOLUTION N0.4013
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEWSHED REVIEW 06-006
190 FAIR VIEW DRIVE
This approval authorizes the expansion of the ground floor and addition of a second-floor
to the existing single-story, single-family residence located at 190 Fair View Drive.
The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Viewshed Review 06-
006.
3. In the event of any legal action instituted by any third party challenging the
validity or enforceability of this project approval, any environmental clearances or
determinations made by the City, or City actions taken in connection with the
project approval, City shall have the right but not the obligation to defend such
third party legal challenge and applicant shall be responsible for any and all legal
fees, costs and expenses incurred by the City in connection with such third party
legal challenge. City shall have sole and absolute discretion with respect to the
selection of counsel hired by City to defend City against such third party legal
challenge. In the event City elects to defend any third party legal challenge,
applicant shall indemnify and hold harmless City and its officials and employees
from and against any claims, losses, liabilities, attorneys fees, costs and any
other liability or cost assessed or awarded against City by way of judgment, lien,
motion, order, settlement, or stipulation. In the event that City elects not to
defend the project approval, applicant may defend the project approvals and
related City actions. Applicant shall indemnify and hold harmless City and its
officials and employees from and against any claims, losses, liabilities, attorneys
fees, costs and any other liability or cost assessed or awarded against City by
way of judgment, lien, motion, order, settlement, or stipulation. This Condition of
Approval is self-executing, but applicant shall also execute a separate
Indemnification Agreement with the City, drafted by and with approval of the City
Attorney, within fifteen (15) business days following City project approval.
4. Development shall conform to the approved plans for Viewshed Review 06-006,
on file in the Community Development Department.
5. Development shall conform to the Single-Family (SF) zoning requirements
except as otherwise approved.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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 attached
Resolution No. 4013 is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council/Redevelopment Agency of the City of
Arroyo Grande on the 22"d day of May 2007.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23rd day of
May 2007.
KELLY ET ORE, CITY CLERK