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.
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