Loading...
PC R 99-1695RESOLUTION NO. 99-1695 � A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 99-003, LOCATED AT 148 S. ALPINE APPLIED FOR BY DANTE AND YVONNE TOMASINI WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 99-003, filed by Dante and Yvonne Tomasini, for a 640 square foot detached second residential unit; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the 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 a Negative Declaration can be adopted; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Single Family district pursuant to the provisions of Section 9-03.050 of the Development Code, and complies with all applicable 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. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the architectural style of the detached second dwelling unit is compatible with the appearance of the primary residence and other residences in the neighborhood. 3. The site is suitable for the type and intensity of use or development that is proposed because the size of the attached second residential unit situated on a 12,411 square foot lot is compatible with the density of the existing neighborhood. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety because no moratoriums exist and the applicant is required to pay impact mitigation fees. 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 because the proposed project would not create adverse environmental impacts. Further, there is no evidence that the proposed project would decrease property values in the neighborhood. Resolution No. 99-1695 Conditional Use Permit Case No. 99-003 Dante & Yvonne Tomasini May 18, 1999 Page 2 Department of Fish and Game Required Findings of Exemption 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. 99-003. 2. Based on the initial study, a Negative Declaration was prepared for public review and adopted by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No: 99-003, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. _ On motion by Commissioner Costello, seconded by Commissioner London, and by the following roll call vote, to wit: � AYES: Vice-Chair Parker, Commissioners Costello, Keen, London NOES: None ABSENT: Chair Greene the foregoing Resolution was adopted this 18 day of May, 1999. ATTEST: Kathleen Fryer, Commi ion Clerk AS TO CONTENT: _—. , ��_ anci Parker, Vic Chair Engen, Interi�n Commun' y�Development Director EXHIBIT "A" � CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 99-003 Dante & Yvonne Tomasini 148 S. Alpine Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 640 square foot detached second residential unit. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are �applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 99-003. 3. This application shall automatically expire on May 18, 2001 unless a building final is issued for the second residential unit. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the � original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of May 18, 1999 and marked Exhibits "B1 — B3". , 5. 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. DEVELOPMENT CODE 6. Development shall conform to the SF zoning requirements except as otherwise approved. � � 7. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, Exhibits "B1 — B3", except as specifically modified by these conditions. NOISE 8. Construction shall be limited to between the hours of 7 a.m. and 10 p.m. Monday through Friday. and between 8 a.m. and 5 p.m. on Saturday or Sunday. SECOND DV�ELLING UNIT 9. Prior to issuance of a building permit for the second residential unit, the applicant shall record a deed restriction and an agreement affecting real property regarding the second dwelling unit in accordance with the provisions of Section 9-1 1.140 of the Development Code, and to the satisfaction of the City Attorney and the Community Development Director. Said deed restriction and agreement shall also include a provision limiting the living area of the second dwelling to 640 square feet and prohibiting any conversion of the workshop to livable space. 10. Prior to issuance of a building permit, the Community Development Director shall review the building elevations of the secondary residence to insure that the primary and second residential units are architecturally compatible. SPECIAL 11.A door for ingress and egress must be provided on either the north or south side of the workshop. BUILDING AND FIRE DEPARTMENT UBC/UFC 12. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the Gity of Arroyo Grande. _ FIRE FLOW/FIRE HYDRANTS 13. The project shall have a fire flow of 1,000 gallons per minute for a duration of two (2) hours. PARKS AND RECREATION DEPARTMENT 14. The pine tree proposed to be removed shall be replaced with a 24" box tree planted within ten (10) feet of the South Alpine Street right-of-way. PUBLIC WORKS DEPARTMENT CONDITIONS 15. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. 16. The developer shall be responsible during construction for cleaning city streets, cu�bs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. r � � � � �'�J 17. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 18. Prior to finalizing the building permit, the applicant shall construct curb, gutter and sidewalk along the property frontage. 19. 20. 21. All grading shall be done in accordance with the City Grading Ordinance. The project development shall drain to the street. All new public utilities shall be installed as underground facilities. 22. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 23. The applicant shall pay all applicable City fees at the time they are due. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable fees, including the following: 24. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a) b) c) d) e) f) 9) h) i) 11 Water Mitigation fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7-22. Water Service charge to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 6- 7.22. . Water Supply charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. � Sewer Permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. Drainage fee, as required by the area drainage plan for the area being developed. Park Development fee, the developer shall pay the current parks development fee for each unit approved for .construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. Street Tree Planting fee, the developer shall pay the current street tree planting fee/deposit. One 15-gallon size or larger street tree is required for every fifty feet (50') of project frontage. Prior to issuance of the certificate of occupancy, the developer, with the approval of the Park and Recreation Director, may install all 15-gallon trees and receive a refund of deposit. To be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 431 C.S. k) Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. I) Alarm Fee, to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. m) Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. n) Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. BONDING SURETY 25. Prior to issuance of the grading or building permit, all new residential construction requires posting of a S 1200.00 performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site.