Attachment 14-Exhibit A - FindingsTOWN COUNCIL – October 17, 2017
REQUIRED FINDINGS AND CONSIDERATIONS:
15860-15894 Winchester Boulevard
Architecture and Site Application S-16-023
Subdivision Application M-16-002
Mitigated Negative Declaration ND-16-003
Requesting approval to demolish three existing single-family residences, remove a
second unit, remove large protected trees, and merge four lots for the purposes of
constructing a new two-story office building with below grade and at grade parking
on property zoned O. APNs 529-11-013, -038, -039, and -040.
APPLICANT: Doug Rich, Valley Oak Partners
PROPERTY OWNER: South Beach Partners LLC and Cumulus Capital Holdings LLC
FINDINGS:
Required Finding for CEQA:
■ It has been determined that this project will not have a significant impact on the
environment. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program to mitigate potential impacts to a less than significant level is adopted.
Commercial Design Guidelines:
■ The proposed building is consistent with applicable provisions of the Commercial Design
Guidelines.
Required finding for the elimination of a secondary dwelling unit without replacement:
■ As required by Section 29.10.330 of the Town Code for the elimination of a secondary
dwelling unit, without replacement, the deciding body shall make the finding that the
proposed elimination (without replacement) is consistent with the Town’s Housing Elemen t
of the General Plan. In order to eliminate an existing second unit (whether or not it will be
replaced), the deciding body must make the demolition findings pursuant to Section
29.10.09030 and made below.
Required finding for the demolition of an existing structure and/or second unit:
■ As required by Section 29.10.09030(e) of the Town Code for the demolition of existing
structures:
1. The Town's housing stock will be reduced by four units however; the proposed office use
will be consistent with the zoning designation of Office and the General Plan land u se
designation of Office Professional.
2. The existing structures have no architectural or historical significance.
EXHIBIT A
3. The property owner does not desire to maintain the structure s as they exist.
4. The economic utility of the structures was considered and replacement of the units would
result in a non-conforming use.
Required findings to deny a Subdivision application:
■ As required by Section 66474 of the State Subdivision Map Act the map shall be denied if
any of the following findings are made: None of the findings could be made to deny the
application.
Instead, the Planning Commission makes the following affirmative findings:
a. That the proposed map is consistent with all elements of the General Plan.
b. That the design and improvement of the proposed subdivision is consistent with all
elements of the General Plan.
c. That the site is physically suitable for the type of development.
d. That the site is physically suitable for the proposed density of development
e. That the design of the subdivision and the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat
f. That the design of the subdivision and type of improvements is not likely to cause serious
public health problems.
g. That the design of the subdivision and the type of improvements will not conflict with
easements, acquired by the public at large, for acces s through or use of, property within the
proposed subdivision.
CONSIDERATIONS
Required considerations in review of Architecture & Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing this project .
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