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R 3931 RESOLUTION NO. 3931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING WITHOUT PREJUDICE THE APPEAL OF PLOT PLAN REVIEW CASE NO. 05-027 AND VIEWSHED REVIEW CASE NO. 05-020; APPLIED FOR BY PACE BROTHER'S CONSTRUCTION; LOCATED AT 123 WHITELEY STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Plot Plan Review 05-027, and Viewshed Review 05-020 filed by Pace Brother's Construction, to construct a two story, single family house; and WHEREAS, on March 21, 2006, the Planning Commission requested a public hearing in accordance with the City Municipal Code; and WHEREAS, the Planning Commission has held a public hearing on these applications in accordance with the City Municipal Code on April 4, 2006; and WHEREAS, the Planning Commission has found that this project is not consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance 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 a Mitigated Negative Declaration cannot be adopted; and WHEREAS, the Planning Commission, after due study, deliberation and public hearing, denied the subject applications as outlined in Planning Commission Resolution 06-1997; and WHEREAS, on April 13, 2006 the applicant appealed the Planning Commission's actions to the City Council pursuant to Municipal Code section 16.12.150; and WHEREAS, on May 9, 2006 the City Council conducted a public hearing to review the decision of the Planning Commission and the subject applications and considered the required environmental determination and appropriate findings for approval; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances: FINDINGS OF DENIAL CFOA - The project as proposed with a minimum creek setback less than the 2001 General Plan policy of 25 feet from top of bank may involve avoidable site specific cumulative adverse environmental impacts which have not been mitigated to less than significant in accordance with the California Environmental Quality Act (CEQA) and State and local guidelines, rules and procedures, and therefore a Mitigated Negative Declaration cannot be adopted. Additionally, unpermitted, extensive site grading prior to the rainy season has exacerbated erosion and sedimentation problems. RESOLUTION NO. 3931 PAGE 2 Vip.w!;hp.o Rp.vip.w - The proposed two-story residence with two-car garage, is inconsistent with the established scale and character of the neighborhood and the Design Guidelines and Standards for Historic Character Overlay District (0-2.4). Other than the two larger houses with secondary dwelling and three car garages which were proposed by the applicant and approved by the City on existing lots of record located immediately to the east, the established scale and character of the vicinity are single story homes substantially smaller than the subject proposal (1,000 to 1,800 sq. ft. typical). The proposed structure unreasonably and unnecessarily interferes with scenic views from Whiteley Street, a public street, and adjoining single-family residential developed properties, judged in light of permitting reasonable use (a smaller residence with greater creek setback, or minor exceptions to other setbacks and parking standards). Plot Plan Rp.vip.w - The proposed project is not consistent with the goals, objectives, policies and programs of the adopted 2001 Arroyo Grande General Plan, particularly Section CtOS 2-1.3 regarding building setback from top of stream. The proposed minor use permit for design review does not provide for adequate creek setback from top of stream bank and proposes landscaping, grading and drainage which could unnecessarily impact existing riparian vegetation and sensitive environmental resources. The proposed setback of 15 to 22 feet (averaging 18 feet), includes overhangs, structural projections, physical obstructions, non-native plantings and an inadequate fence and wall to prevent drainage, pet, or other impacts on creek resources. A minimum structural setback of 20 to 25 feet is prescribed by General Plan and Municipal Code policies and standards. The usable portion of the subject lot of record, excluding creek and prescribed setbacks, is substantially smaller than other historic lots of record, but the floor area and coverage of the proposed development is substantially larger. The usable area was estimated at under 6,000 sq. ft. while the zoning and typical lot in the area is over 7,200 sq. ft. The applicant had the opportunity to consider a lot line adjustment to mitigate the constraints on this historic lot, but instead developed the other two lots with maximum size and intensity of use. Other design alternatives such as tandem parking, single-car garage or smaller house have not been adequately considered by the applicant. Additionally, taller wall and fence with greater separation of residential and riparian areas would be essential to avoid adverse impacts. RESOLUTION NO. 3931 PAGE 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies without prejudice the appeal of Plot Plan Review Case No. 05- 027 & Viewshed Review Case No. 05-020, based on the above findings. On a motion by Council Member Dickens, seconded by Council Member Costello, and by the following roll call vote to wit: AYES: NOES: ABSENT: Council Members Dickens, Costello, Arnold, and Mayor Ferrara Council Member Guthrie None the foregoing Resolution was adopted this 13th day of June 2006. RESOLUTION No.3Q2>1 PAGE 4 ~~A/ TONY M. FE , MAYOR ATTEST: M- E, CITY CLERK APPROVED AS TO CONTENT: .~~ APPROVED AS TO FORM: OFFICIAL CERTIFICATION \, 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. 3931 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 13th day of June 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of June 2006.