Loading...
PC R 98-1669RESOLUTION NO. 98-1669 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 98-566, LOCATED AT 763 SOUTH TRAFFIC WAY EXTENSION APPLIED FOR BY KEN PINEO WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 98-566, filed by Ken Pineo to convert an existing 640 square foot residence to a 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 the project is categorically exempt per Section 15303 of the State CEQA Guidelines; 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 Rural Residential 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 existing residence is compatible with the appearance of the 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 second residential unit situated on a 0.92 acre 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 materiatly 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. 98-1669 Conditional Use Permit 98-566 October 6, 1998 Page 2 of 3 „ NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 98-566, 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 Parker, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Greene, Haney, Keen, Parker and Lubin NOES: None ABSENT: None the foregoing Resotution was adopted this 6th day of October 1998. ATTEST: ����\ \ � . ' � y � �� Kathleen Fryer, Commissi�n Clerk AS TO CONTENT: Ji�lamilton, AICP Community Development Director Resolution No. 98-1669 Conditional Use Permit 98-566 October 6, 1998 Page 3 of 3 ATTACHMENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-566 KEN PINEO COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes the conversion of a 64-0 square foot residence to a 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. This application shafl automatically expire on October 6, 2000 unless a building permit is issued for a primary residence. 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. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of October 6, 1998 and marked Exhibit �� 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. Development shall conform to the Rural Residential zoning requirements except as otherwise approved. 6. Construction shall be limited to between the hours of 7 a.m. and 7 p.m. Monday through Friday and between 8 a.m. and 5 p.m. on Saturday. 7. Prior to issuance of a building permit for the primary residence, the applicant shall record a deed restriction and an agreement affecting real property regarding the second residential unit in accordance with the provisions of Section 9-11.140 of the Development Code to the satisfaction of the City Attorney and the Community Development Director. 8. Prior to issuance of a building permit for the primary residence, the Community Development Director shall review the building elevations of the primary residence to insure that the primary and second residential units are architecturally compatible.