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R 3426 RESOLUTION NO. 3426 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. , 99-014, APPLIED FOR BY L.C. LAVINE, FOR A SECOND RESIDENTIAL UNIT LOCATED AT 137 TALL Y HO ROAD WHEREAS, the City of Arroyo Grande received an application for a Conditional Use Permit from L. C. LaVine, to establish a 627 square foot building located at 137 Tally Ho Road, as a second residential dwelling unit (the "project"); and WHEREAS, the Planning Commission of the City of Arroyo Grande held a duly noticed public hearing on the project on November 16, 1999; and WHEREAS, after due study, deliberation, and public hearing, the Planning Commission unanimously denied the application for Conditional Use Permit No. 99-014; and WHEREAS, an appeal of the Planning Commission's decision was filed by the applicant on November 17, 1999; and WHEREAS, the City Council of the City of Arroyo Grande held a duly noticed public hearing on the aforementioned appeal on December 14, 1 999, at which time all interested persons were given the opportunity to be heard; and WHEREAS, at the December 14, 1999, City Council hearing on the appeal, the applicant's representative presented the Council with two (2) options: use of the building as either a second residential unit or as an auxiliary structure, noting that the applicant recommended the former; and WHEREAS, in order to approve the subject Conditional Use Permit, the City Council must make all of the findings of fact required by Arroyo Grande Municipal Code Section 9- 03.0500; and WHEREAS, after due study, deliberation, and public hearing, the City Council makes the following findings of fact: 1 . The proposed use will be detrimental to the public health, safety, and welfare, and materially injurious to properties and improvements in the vicinity. The basis for this finding is that the proposed second residential unit would add traffic to a busy narrow private driveway lacking curb, gutter and sidewalk, and would create safety hazards to the neighboring property owners and occupants required to take access from the driveway, as well as to neighborhood children and other pedestrians using the driveway. RESOLUTION NO. 3426 PAGE 2 2. The site is not suitable for the type and intensity of use that is proposed. The basis for this finding is that the private driveway from which the occupants of the proposed second residential unit take access is small and narrow, and is already. over-burdened through its shared use by all six (6) property owners and other residents living in the neighborhood and, therefore, the site is not suitable for the addition of another residence and the concomitant traffic created by its occupants. 3. The proposed use is conditionally permitted within the subject district pursuant to the provisions of Sections 9-11.140 and 9-03.050 of the Arroyo Grande Municipal Code;' however, the proposed use does not comply with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The basis for the above finding is that the one covered parking space provided for the second residential dwelling unit is located too far from the proposed second residential unit in a three (3) car garage located within the main residence. As such, the proposed covered parking space does not adequately serve) the occupants of the proposed second residential unit and fails to satisfy the requirements of Arroyo Grande Municipal Code Section 9-11.140C.6. 4. The proposed use will impair the integrity and character of the district in which it is to be established or located. The basis for this finding is that an additional residential unit in an already crowded residential neighborhood would alter the small town, rural atmosphere of this area of the City. Additionally, the high renter turnover endemic to small residences, such as the proposed second residential unit, may tend to reduce overall cohesiveness and feelings of security within the neighborhood. NOW, THEREFORE, BE IT RESOLVED that, based on the above findings of fact, the City Council of the City of Arroyo Grande does hereby: 1 . Deny the appeal of the Planning Commission's action in the above- referenced project; arid , --~---'"- RESOLUTION NO. 3426 PAGE 3 2. Deny Conditional Use Permit No. 99-014. BE IT FURTHER RESOLVED that the City Council finds and declares that this denial of Conditional Use Permit No. 99-014 is based on the above findings of fact, jointly and severally. On motion of Council Member Dickens, seconded by Council Member Ferrara, and on the following roll call vote, to wit: AYES: Council Members Dickens, Ferrara, Runels, and Mayor Lady NOES: Council Member Tolley ABSENT: None the foregoing Resolution was passed and adopted on this 25th day of January, 2000. .. ~ '-~....__.,-,--- RESOLUTION NO. 3426 PAGE 4 ~~~~ MICHAEL A. LADY, A Y ATTEST: APPROVED AS TO FORM: ~V RICK TerBORCH, IN RIM CITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. 3426 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resol,ution No. 3426 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 25th day of January 2000. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of January, 2000. ~UO ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK .