R 3873
RESOLUTION NO. 3873
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE DENYING AMENDED CONDITIONAL USE PERMIT 05-001
WHICH ENTAILS NOT AUTHORIZING THE REMOVAL OF A DEED
RESTRICTION AND NOT ALLOWING A SECONDARY DWELLlNG.-
LOCATED AT 212 MILLER WAY, APPLIED FOR BY TERRY FOWLER-
PAYNE
WHEREAS, the City Council of the City of Arroyo Grande has considered an application
for Amended Conditional Use Permit Case No. 05-001, filed by Terry Fowler-Payne for
the removal of deed restriction and to allow a second dwelling unit on the first and second
floor of an existing carriage house; and
WHEREAS, the City Council has held a public hearing on this application in accordance
with the City Code; and
WHEREAS, the City Council has found that this project is not consistent with the General
Plan and the environmental documents associated therewith; and
WHEREAS, the City Council has reviewed this project in complian~e with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has determined that the
proposed project is Categorically Exempt per Section 15302 of the CEQA Guidelines.
WHEREAS, the City Council finds, after due study, deliberation and public hearing, all of
the required findings could not be made in an affirmative manner:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the provisions of
this section and complies with all the applicable provisions of this title, the goals, and
objectives of the Arroyo Grande general plan, and the development policies and
standards of the city.
The project does not comply with all applicable provisions of the Municipal
Code, specifically it exceeds the maximum size regulations for secondary
dwellings and utilizes a separate gas utilities.
2. The proposed use would not impair the integrity and character of the district in which it
is to be established or located.
The City Council finds that the proposed project will impair the integrity and
character of the district in which it is established or located due to the
intensity of uses, which include a residential dwelling, Bed & Breakfast
operation and a secondary dwelling unit. Together, these uses are not
compatible with the intent of the Residential Rural zoning district.
RESOLUTION NO. 3873
PAGE 2
3. The site is suitable for the type and intensity of use or development that is proposed.
The proposed project is accessed from a street that slopes steeply and has
potential sight distance problems. These site attributes when combined with
the proposed intensity of development includil1g parking for seven cars will
lead to unsafe conditions for motorists and pedestrians.
4. There are adequate provisions for water, sanitation, and public utilities and services to
ensure public health and safety.
5. The proposed use will not be detrimental to the public health, safety or welfare or
materially injurious to properties and improvements in the vicinity.
The three proposed uses (residential dwelling, Bed & Breakfast operation
and a secondary dwelling unit) on a half acre lot will be detrimental to the
public health, safety or welfare or will be materially injurious to properties
and improvements in the vicinity because they are incompatible with the
intent ofthe Residential Rural zone, which is stated in Section 16.32.020.C
of the Municipal Code as: "The primary purpose of the RR district is to
provide for and protect rural atmosphere and lifestyles. This district is
intended as an area for development of low density, large lot residential (1.0
acre gross minimum parcel size) dwelling units at a maximum density of 1.0
dw.elling unit per 1.0 gross acre."
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies Amended Conditional Use Permit 05-001 which entails not
authorizing the removal of a deed restriction and not allowing a secondary dwelling.
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, Dickens, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 23rd day of August 2005.
RESOLUTION NO. 3'a73
PAGE 3
TO~F~~
ATTEST:
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APPROVED AS TO CONTENT:
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STEVEN ADAMS; CITY MANAGER
APPROVED AS TO FORM:
RESOLUTION NO. 3873
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk ofthe City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 3873 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 August 2005.
WITNESS rny hand and the Seal of the City of Arroyo Grande affixed this 24th
day of August 2005.
!JIlt~f/Y--
RE, CITY CLERK