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PC R 97-1633RESOLUTION NO. 97-1633 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. 97-558, LOCATED AT 955 BRANCH MILL ROAD APPLIED FOR BY RUDY BACHMANN WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 97-558, filed by Rudy Bachmann, for a 640 square foot employee's residence within an accessory structure; 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: F(NDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Agriculture 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 Ptan, 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 use supports agricultural activities. 3. The site is suitable for the type and intensity of use or development that is proposed because the size of the employee's residence situated on a 3.1 acre site is compatible with the density of the surrounding area. 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. 97-1633 Conditional Use Permit Case No. 97-558 � Rudy Bachmann September 16, 1997 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. 97-558. 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. 97-558, 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 Greene, seconded by Commissioner Haney, and by the following roll call vote, to wit: AYES: Commissioners Greene, Haney, Rondeau, O'Donnell and Lubin NOES: None ABSENT: None the foregoing Resolution was adopted this 16th day of September 1997. ATTEST: ,_ . . Lucill Breese, Commission C erk AS TO CONTENT: Doreen L erto-Blanck, AICP Community Development Director Resolution No. 97-1633 ATTACHMENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE N0. 97-558 Rudy Bachmann 955 Branch Mill Road COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 640 square foot employee's residence within a 3,845 square foot accessory structure. 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. 97-558. 3. This application shall automatically expire on September 16, 1999 unless a building permit is issued for the employee's 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. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of September 16, 1997 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 AG zoning requirements except as otherwise approved. 7. The building permit for the employee's residence must be issued simultaneously � or after the building permit is issued for the primary residence. 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. Resolution No. 97-1633 EMPLOYEE'S RESIDENCE 9. Prior to issuance of a building permit for the employee's residence, the applicant shall �ecord a deed restriction and an agreement affecting real property regarding the employee's residence in accordance with the provisions of Section 9-11.140 of the Development Code, and to the satisfaction of the City Attorney and the Community Development Director. The deed restriction shall prohibit the rental of the employee unit to anyone other than an employee. 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. FIRE SPRINKLER 11. The applicant shall install a fire sprinkler system per the National Fire Protection Association standards. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable fees, including the following: 12. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a) 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. b) 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. � c) 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. d1 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. e) Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. f) Strong NOotion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. g) Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with 'T'itle 8 of the Municipal Code. -2-