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PC R 91-135313� RESOLUTION NO. 91-1353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 91-490, APPLIED FOR BY SALLY WHITE, LOCATED AT 250 RIDGEVIEW WAY TO CONSTRUCT A SECOND RESIDENTIAL UNIT, ADOPTING A NEGATIVE DECLARATION AND INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for a second residential unit at 250 Ridgeview Way in the RR, Rural Residential District; and WHEREAS, the Planning Commission has found that this project is 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) and has determined that a Negative Declaration can be adopted and instructs the secretary to file a Notice of Determination; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the follow�ng circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of Section 9-03.050 of the Development Code, and complies with all appli�able provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. 3. 4. 5. The proposed use will not impair the integrity and character or the district in which it is to be established or located. The site is suitable for the type and intensity of use or development that is proposed. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Guidelines" of the City of Arroyo Grande. 2. 3. 4. 5. 6. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons working in the neighborhood of the proposed project. The general appearance of the proposal is in keeping with the character of the neighborhood. The proposal is not detrimental to the orderly and harmonious development of the City. The proposal will not impair the desirability of investment or occupation in the neighborhood. Department of Fish and Game Findings 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 90-490. 2. Based on the initial study, a negative declaration was drafted for review by the public and review and approval by the Planning Commission. 13� Resolution No. 91-1353 Conditional Use Permit Case No. 91-490 Sally White Page 2 3. After holding a public hearing pursuant to Stai record as a whole the Planning Commission adc that there is no substantial evidence of any sigi or cumulatively on wildlife resources as defined Code or on the habitat upon which the wildlife dE project. WHEREAS, this project was reviewed by the departments and found to be acceptable and in conf ordinances. NOW, THEREFORE, BE IT RESOLVED th� Arroyo Grande does hereby approve said Condition conditions: and City Codes, and considering the ted the negative declaration and found 'icant adverse effect, either individually y Section 711.2 of the Fish and Game �ends as a result of development of this lanning Commission and various City mance with the applicable codes and ie Planning Commission of the City of Use Permit, subject to the following General Conditions 1. The applicant shall ascertain and comply with aIl;State, County and City requirements as are applicable to this project. i i 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of November 19, 1991 and marked "Exhibit A". 3. This application shall automatically expire on November 19, 1993 unless a building permit is issued. Thirty (30) days prior to the expiration �of the approval, the applicant may apply to the Planning Commission for an extension of one (1) year from the original date of expiration. 'I 4. The applicant shall agree to defend at his/her s� the City, its agents, officers, or employees beca� in the alternative, to relinquish such approval. TI agents, officers, or employers, for any court cosl agents, officers or employees may be required action. The City may, at its sole discretion, parti� of any such action but such participation shall nc under this condition. le expense any action brought against se of the issuance of said approval, or e applicant shall reimburse the City, its and attorney's fee's which the City, its by a court to pay as a result of such pate at its own expense in the defense : relieve applicant of his/her obligations 5. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not li�mited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed prior to final occupancy. � Planning Department Conditions '� 6. Development shall conform with the RR zoning requirements, and all the conditions and requirements of Section 9-11.140 of the Development Code, unless otherwise approved. 7. The applicant shall record a deed restriction an'd an agreement affecting real property regarding the second dwelling unit in accordance with the provisions of Section 9-11.140 of the Development Code, and to the satisfactio�n of the City Attorney and the Planning Director, prior to issuance of Building Permits. � 8. If the existing garage is removed as part of a subdivision or for any other reason, the applicant shall construct new parking facilities to meet city requirements for the second residence and the main residence in effect at time of demolition. The deed restriction and agreement affecting real property (condition # 7�) shall include this requirement. I Fire Department Conditions � 9. Prior to final occupancy the applicant shall install an automatic fire sprinkler system in any new structures. This system shall be connected to a water supply capable of ineeting the minimum hydraulic standards of the Fire Department. 10. The second residential unit shall be addressed 'on the main roadway (Ridgeview Way) and on the driveway intersection. j Resolution No. 91-1353 Conditional Use Permit Case No. 91-490 Sally White Page 3 11. The project driveway shall be improved with an all-weather surface capable of supporting a 17 ton fire apparatus, prior to final occupancy. Building Depar,tment Conditions 12. The applicant shall apply for necessary building permits, pay additional fees and call for necessary inspections. 13. Prior to issuance of building permits, the applicant shall contact PG&E to facilitate relocation of the existing power pole or service line as required by PG&E. Public Works Department Conditions 14. Prior to final occupancy of the second unit, both the second unit and the main residence shall be connected to the public sewer and applicable fees paid. Parks and Recreation Department Conditions 15. The applicant shall do one of the following: a. Position the second unit and garage so that no oak trees are damaged or removed; or b. If the building cannot be positioned so as to save the 3" diameter oak, it shall be transplanted on the property at a location subject to review and approval of the Director of Parks and Recreation; or c. If in the opinion of the Director of Parks and Recreation, neither (a) nor (b) is possible, a new 15 gallon live oak will be planted on the property at a location subject to review and approval of the Director of Parks and Recreation prior to final occupancy. 16. Prior to issuance of building permits, fencing shall be installed at the drip line of all adjacent oak trees to the satisfaction of the Director of Parks and Recreation. On motion by Commissioner Soto, seconded by Commissioner Boggess, and by the following roll call vote, to wit: AYES: Commissioners Souza, Soto, Brandy, Moore, Groves, Boggess and Vice Chairman Carr NOES: None ABSENT: None the foregoing resolution was adopted this 19th day of November 1991. ATTEST: �� �ea _ inney, Secr tary Robert W. Carr, Vice Chairman �1 �3 7