R 3796
RESOLUTION NO. 3796
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING APPEAL 04-007; APPLIED
FOR BY HENRY AND SONJA BERNARD AND APPROVING
A MINOR USE PERMIT FOR VIEWSHED REVIEW 04-014;
APPLIED FOR BY BOB AND RUTH MONTANO
WHEREAS, the Planning Commission adopted Resolution No. 1936, approving a
Minor Use Permit for Viewshed Review 04-014, applied for by Bob and Ruth
Montano, located at 1470 Sierra Drive; and
WHEREAS, Henry and Sonja Bernard have filed Appeal 04-007 in response to the
Planning Commission's approval of a Minor Use Permit for Viewshed Review 04-014;
and
WHEREAS, the City Council of the City of Arroyo Grande has considered Appeal 04-
007 at a public hearing on November 23, 2004 in accordance with the Municipal
Code of the City of Arroyo Grande; and
WHEREAS, the City Council has determined that the project is categorically exempt
per Section 15301 (e) (1) of the California Environmental Quality Act (CEQA)
Guidelines; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing,
the following circumstances exist:
View shed Review Findings:
1 . The proposed structure is consistent with the intent of this section;
The stated purposed of Section 16. 16. 130 is Mto 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 ". Based on the discussion below, it is the
determination of the City Council that this finding is made in an
affirmative manner.
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; .
The neighborhood in question contains thirteen (13) two-story
residences on differing grades and various slopes. This number does
RESOLUTION NO. 3796
APPEAL 04-007
NOVEMBER 23, 2004
PAGE 2 of4
not include several homes with visible basement levels, such as the
residence at 1480 Sierra Drive. The proposed addition will not exceed
the established scale or conflict with the established character of the
neighborhood. There are no. views visible from the public right of way
that would be unreasonably or unnecessarily affected by construction
of the proposed project.
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.
Although the existing structure is and the proposed structure will be
visible from the adjacent property at 1480 Sierra Drive, there is
adequate separation between the buildings as to prevent the proposed
structure from unreasonably or unnecessarily interfering with the view
from 1480 Sierra Drive. Based on the development standards for the
Residential Suburban (RS) zoning district, the construction of a
second-story addition at 1470 Sierra Drive constitutes reasonable use
and development of the property. The fact that the addition would be
setback twenty-one (21) feet from the property line, which is sixteen
(16) feet more than is required by the Development Code, further
supports this conclusion.
NOW, THEREFORE, . BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies Appeal 04..007 and approves a Minor Use Permit for Viewshed
Review 04-014 as shown in Exhibit "B" 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 Runels, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Runels, Dickens and Mayor Ferrara
NOES: None
ABSENT: Council Member Lubin
the foregoing Resolution was adopted this 23rd day of November, 2004.
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RESOLUTION NO. 3796
APPEAL 04-007
NOVEMBER 23, 2004
PAGE 3 of4
TON~~
ATTEST:
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KELLY ET ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
s~'~.~TY MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3796
APPEAL 04-007
NOVEMBER 23, 2004
PAGE 40f4
EXHIBIT "A"
CONDITIONS OF APPRO V AL
VIEWSHED REVIEW 04-014
1470 SIERRA DRIVE
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS:
1 . The applicant shall ascertain and comply with all State, County and City
requirements as are applicable to this project.
2. This application shall automatically expire on November 23, 2006. Thirty (30)
days prior to the expiration of the approval, the applicant may apply to the
Community Development Director for an extension of one (1) year from the
original date of expiration.
3. The project shall comply with all applicable development standards for the
Residential Suburban (RS) zoning district.
4. Development shall occur in substantial conformance with the plans presented
to the City Council at its meeting on November 23, 2004 and marked Exhibit
"B" .
5. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because
of the issuance of said approval, or in anyway relating to the implementation
thereof, 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.
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RESOLUTION NO. 3796
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 Resolution No. 3796 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 23rd day of November, 2004.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th
day of November, 2004.
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KELLY WET ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK