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PC R 07-2039RESOLUTION NO. 07-2039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING CONDITIONAL USE PERMIT 07-007, APPLIED FOR BY RICHARD AND LAURIE WALLER, LOCATED AT 1098 HUASNA ROAD WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 07-007, Richard and Laurie Waller, for the development of a secondary dwelling unit and accessory building; WHEREAS, the Planning Commission has held a public hearing on this application in accordance with City Code; 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 the project is categorically exempt pursuant to Section 15303 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: � 1. The proposed use is permitted within the Agricultural district pursuant to Development Code Chapter 16.28 and the project complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan including sections Ag 1-4.1, Ag 3-11 and Ag 3-12, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located due to the small nature of the development and the placement of new building on the project site in a way that avoids the conversion of agricultural soils and complies with the 35-foot creek setback. 3. The site is suitable for the type and intensity of use since the overall property is approximately 30 acres in area and is planned in a way that does not impact the ongoing agricultural uses. 4. The residential structures will utilize City supplied water, sanitation, and public utilities and services that ensure the 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 due to compliance with the Municipal Code. RESOLUTION NO. 2007-2039 CONDITIONAL USE PERMIT CASE NO. 07-007 AUGUST 7, 2007 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 07-007, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Barneich, seconded by Commissioner Marshall, and by the following roll call vote, to wit: AYES: Commissioners Barneich, Marshall, Tait NOES: None ABSENT: Commissioners Ray and Keen the foregoing Resolution was adopted this 7 day of August, 2007. ATTEST: ��� � r � KAT MYH fiNDOZA for LYf�.F2EARDON-SMITH, DOUG TAIT, ACTING CHAIR SECRETARY TO THE COMMISSION AS TO COMMUNITY DEVELQPMENT DIRECTOR � RESOLUTION NO. 2007-2039 CONDITIONAL USE PERMIT CASE NO. 07-007 AUGUST 7, 2007 PAGE 3 � EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 07-007 SECONDARY DWELLING UNIT AND ACCESSORY BUILDING • ►i ►� ► � � ' ►i ► � �7_1:��Jil�`�� GENERAL GONDITIONS This approval authorizes a secondary unit and accessory structure as shown in Exhibit "B," attached hereto and incorporated herein by this reference and subject to the following conditions of approval. 1. 2. 3. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional use Permit Case No. 07-007. Development shall occur in substantial conformance with the documents filed with the Community Development Department. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. � . : � • � : ►� . 5. Prior to bringing combustibles on site, the applicant shall install a fire hydrant per City standards adjacent to the driveway on Huasna Road. 6. Prior to bringing combustibles on site, the applicant shall, to the approval of the Fire Chief, improve the driveway from Hausna Road to the end of the new accessory structure to provide a 20-foot all weather fire access. 7 0 Prior to bringing combustibles on site, the applicant shall, to the approval of the Fire Chief, improve access to the existing residential structure. Prior to bringing combustibles on site, the applicant shall, to the approval of the RESOLUTION NO. 2007-2039 CONDITIONAL USE PERMIT CASE NO. 07-007 AUGUST 7, 2007 PAGE 4 9. 10. 11. 12. Fire Chief, provide a fire department turnaround. Prior to occupancy, the applicant shall, to the approval of the Fire Chief, provide addressing at the secondary dwelling unit and at Huasna Road. The secondary dwelling unit will require a permanent foundation. The secondary dwelling unit will require a"Class A" roof. Prior to construction the applicant shall apply for and be granted all applicable building permits. � ' � • : . � ' � : ►i ► 13. The applicant shall connect the proposed dwelling unit to the existing sanitary sewer main in the turn out adjacent to Lift Station No. 3. 14. Pay the proportionate share of the following wastewater capital projects: - Lift Station No. 3 Upgrade, - Huasna Road Upgrade, - Fair Oaks Sewer Upgrade. 15 16 17 The applicant shall obtain an encroachment permit prior to any work within the public right of way. The applicant shall verify that the existing water service is sufficient. The applicant shall install a backflow prevention device on the water service. .�� �. .���� .� 18. Project grading shall direct all storm water runoff from buildings and paved surfaces toward the agricultural fields and away from Arroyo Grande Creek. Approval of such grading plans and improvements shall be to the satisfaction of the Community Development Director.