R 3872
RESOLUTION NO. 3872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE DENYING PLOT PLAN REVIEW 05-004, ARCHITECTURAL
REVIEW 05-008 AND VIEWSHED REVIEW 05-008 (Lot 4 only); 135
WHITELEY; APPLIED FOR BY PACE BROTHER'S CONSTRUCTION
WHEREAS, the Planning Commission held public hearings on these subject applications
in accordance with the City Municipal Code on May 17 and June 21, 2005 and adopted
Resolution No. 05-1966 denying the proposed project; and
WHEREAS, the applicant filed an appeal of the Planning Commission's decision on June
27,2005; and
WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing and
considered Plot Plan Review 05-004, Architectural Review 05-008 and Viewshed Review
05-008 (Lot 4 only) filed by Pace Brother's Construction, to construct a two story, single
farnily house; 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, after careful consideration of public testimony and the record in this matter
the City Council finds asfollows:
Findings of Denial'
1. The proposed project is not consistent with the goals, objectives, policies and
programs of the Arroyo Grande General Plan:
General Plan policy C/OS2-1.3 states: "Where feasible, maintain a grading and
building setback of 25 feet from the top of stream bank. Locate buildings and
structures outside the setback. Except in urban areas where existing
development exists to the contrary, prevent removal of riparian vegetation within
25 feet of the top of stream bank." The proposed project with a 10-foot setback is
inconsistent with this policy since a house of adequate size, character and
function consistent with houses in the surrounding neighborhood and the 0-2.4
historic overlay district (1,100 to 2,000 square feet) can be built utilizing a larger
creek buffer.
2. The proposed project does not conform to applicable perforrnance standards and will
be detrimental to the public health, safety and general welfare:
Utilization of a creek setback smaller than one. required to construct a house of
adequate size, character and function consistent with houses in the surrounding
neighborhood and the 0-2.4 historic overlay district will be detrimental to the
public health, safety and general welfare by leading to unnecessary impacts to
the creek such as erosion, slope instability and sedimentation.
RESOLUTION NO. 3872
PAGE 2
3. The physical location or placement of the use on the site is not compatible with the
surrounding neighborhood:
The proposed project places a house substantially larger than other houses in
the neighborhood in an unnecessarily small (10? creek setback, creating
negative visual impacts to the creek corridor and surrounding neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande denies without prejudice Plot Plan Review 05-004, Architectural Review 05-008
and Viewshed Review 05-008 (Lot 4 only) to construct a two story, single family house on
located at 135 Whiteley Street with the above findings.
On motion by Council Member Arnold, seconded by Council Member Guthrie, and by the
following roll call vote, to wit:
AYES: Council Members Arnold, Guthrie, Dickens, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 23rd day of August 2005.
RESOLUTION NO. 387J-
PAGE 3
\ ~JlL
TONYf: , MAYOR
ATTEST:
~!1-0
, CITY CLERK
APPROVED AS TO CONTENT:
s~I&(~I~ MANAGER
APPROVED AS TO FORM:
. /l(]i~ Lk"
TIM9'THY J. <<ARMEL, CiTY ATTORNEY
RESOLUTION NO. 3872
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
Resolution No. 3872 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 my hand and the Seal of the City of Arroyo Grande affixed this 24th
day of August 2005.