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PC R 98-1648RESOLl1TION NO. 98-1648 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 PERMtT CASE NO. 97-564, APPLIED . FOR BY PAMELA CLARE, LOCATED AT 851 TODD LANE WHEREAS, the applicant, Pamela Clare, has filed Conditional Use Permit 97-564, to operate a two room bed and breakfast within an existing residence located at 851 Todd Lane; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. .97-564 in accordance with the City's Development 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 the draft Negative Declaration under the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation to CEQA; 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 subject 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 because the scale and intensity of the proposed use is typical in a single family residential neighborhood and the exterior appearance of the residence would continue to be in keeping with surrounding residential uses. In addition, the proposed use would be subordinate to the primary use as a single family residence. 3. The site is suitable for the .type and intensity of the proposed use because all the necessary Development Code requirements including parking would be provided, and the 'activities associated with the proposed use (e.g., eating, sleeping, lounging, etc.) are typical of a single family residence. Further, the guest rooms are existing rooms within the residence; therefore, the existing residence would not be enlarged. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. Resolution No. 98-1648 . Conditional Use Permit 97-564 Pamela Clare February 3, 1998 Page 2 of 5 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. 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. 97-564. 2. Based on the initial study, a negative dectaration was drafted for public review. 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 environmental effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on #he 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. 97-564, 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 O'Donnell, seconded by Commissioner Haney, and by the following roll call vote, to wit: AYES: Commissioners O'Donnell, Rondeau, Haney and Lubin NOES: None � ABSENT: Commissioner Greene the foregoing Resolution was adopted this 3rd day of February '1998. ATTEST: Pearl L. Phinney, Commission CI k AS TO CONTENT: l� �ti , Doreen Liberto-Blanck, AICP Community Development Director Resolution No. 98-1648 Conditional Use Permit 97-564 Pamela Ciare February 3, 1998 Page 3 of 5 ATTACHMENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 97-564 Pamela Clare 851 Todd Lane COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the operation of a two room bed and breakfast within an existing residence located at 851 Todd Lane. 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 97-564. 3. This application shall automatically expire on February 3, 2000 unless a Business License is issued. 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. February 3, 1998 and marked Exhibit "A". 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 Single Family (SF) District requirements and Development Code Section 9-11.070, except as otherwise approved. Resolution No. 98-1648 Conditional Use Permit 97-564 Pamela Ciare � February 3, 1998 Page 4 of 5 SPEC/AL COND/T/ONS 7. The operator of the bed and breakfast shall reside on the premises. 8. Guest stays shall be limited to 14 days, with a seven day period between stays. 9. No meals, except for light refreshments, shall be served after 11:00 a.m. Only guests may be served. No cooking shall be allowed in guest rooms. BUILDING AND FIRE DEPARTMENT CONDITIONS UBC/UFC 10. 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 City of Arroyo Grande. OTHER PERMITS 11. Prior to issuance of a business license, County Health Department approval is required for the cooking area. SPEC/AL COND/T/ONS 12. Prior to issuance of a business license, the applicant shall install one 2A106C fire extinguishers in the upstairs hallway. 13. Prior to issuance of a business license, the applicant shall install smoke detectors per UBC 310.16.2. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 14. FEES TO B� PAID PRIOR TO ISSUANCE OF A BUSINESS LICENSE a. Traff'�c Impact fee, to be based on eodes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. � b. 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. Resolution No. 98-1648 Conditional Use Permit 97-564 Pamela Clare February 3, 1998 Page 5 of 5 STANDARD MITIGATION MEASURES A negative declaration has standard mitigation measures and shall be monitored by agency. The applicant shall monitoring department or ai implemented. WATER been adopted for this project. The following shall be implemented as conditions of approval the appropriate City department or responsible be responsible for verification in writing by the �ency that the mitigation measures have been 1. The applicant shall submit, for review and approval by the City� Council, an individual water program that will neutralize projected water demand for the project. The approved program shall be implemented prior to occupancy. Time Frame: Prior to issuance of a business license Monitoring Department: Public Works Department 2. All construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters and hot water recirculating systems. Time Frame: Prior to issuance of a business license Monitoring Department: Building and Fire Department