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R 3718 .~._,_....- RESOLUTION NO. 3718 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF VIEWSHED REVIEW 03.004, LOCATED AT 195 NORTH ELM, APPLIED FOR BY STEVE ACCORNERO WHEREAS, after holding a duly noticed public hearing, and considering all evidence, the Planning Commission of the City of Arroyo Grande denied Viewshed Review 03-004 on September 2, 2003 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission's denial of Viewshed Review 03-004 was appealed to the City Council of the City of Arroyo Grande; and WHEREAS, the City Council considered the above project at a duly noticed public hearing on October 28, 2003 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the City Council finds that the proposed project is consistent with the City's General Plan, Development Code, and categorical exemption under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council finds, after due study, deliberation and public hearing and considered all evidence presented the following circumstances exist: Required Findings: Viewshed Review Findings: 1. The proposed structure is consistent with the intent of Section 16.16.130 of the Development Code; 2. 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; 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby upholds the appeal of the Planning Commission's denial of Viewshed Review 03-004, based on the above findings and subject to the conditions of approval attached hereto as Exhibit A and incorporated herein. ~- RESOLUTION NO. 3718 PAGE 2 of3 On motion by Council member Costello, seconded by Council member Dickens, and by the following roll call vote, to wit: AYES: Council Members Costello, Dickens, Lubin and Mayor Ferrara NOES: None ABSENT: Council Member Runels the foregoing Resolution was adopted this 11 th day of November, 2003. ""..- RESOLUTION NO. 3718 PAGE 3 of3 ATTEST: I ,'~&/ uj i L / ,11 , .' ,.- '\ IC{I . l. ttif))1U- KELLY vyET~RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~) T N ADAMS-;CITY MANAGER APPROVED AS TO FORM: 7 , CITY ATTORNEY EXHIBIT "A" . CONDITIONS OF APPROVAL VIEWSHED REVIEW CASE NO. 03-004 STEVE ACCORNERO 295 NORTH ELM STREET Conditions of Approval 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. Development shall occur in substantial conformance with the plans on file in the Community Development Department office. 3. Development shall conform to the Single Family (SF) zoning requirements unless otherwise approved. 4. The applicant 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 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 applicant of his/her obligations under this condition. 5. That the applicant shall comply with all criteria and conditions of approval prior to completion and occupancy of the primary residence, before obtaining the building permit for the subject second story addition. 6. All garage spaces shall be made available for automobile parking and any other vehicle (boat, RV, trailer) shall be stored off site. Incidental storage shall not displace use of garage for daily parking. --"-.----- . RESOLUTION NO. 3718 OFFICIAL CERTIFICATION I, KELL Y 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 Resolution No. 3718 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 11th day of November, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of November, 2003. ft i vJ1(lt{()!lL- ET ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK _u_...,,~._,_._ -"----~-----_. ----'