PC R 97-1621RESOLUTION N0. 97-1621
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. 97-556, LOCATED
AT 615 MYRTLE STREET APPLIED FOR BY JAMES
HARRIS
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 97-556, filed by James Harris, for a 623 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 other
residences in the neighborhood and because it is one of the original homes in
the area and is not being altered as part of this application.
3. The site is suitable for the type and intensity of use or development that is
proposed because the size of the detached second residential unit situated on
a 24,000 square foot lot is compatible with the density of the existing
neighborhood.
4. There are adequate provisions for water, sanitation, and publie 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.
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Resolution No. 97-1621 � �:.
Conditional Use Permit Case No. 97=556
James Harris
May 20, 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. 97-556.
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 Dectaration, instructs the Secretary to file
a Notice of Determination, and approves Conditional Use Permit Case No. 97-556,
with the above findings and subject to the conditions as set forth in Attachments "A",
attached hereto and incorporated herein by this reference.
On motion by Commissioner O'Donnell, seconded by Commissioner Greene, and by
the following roll call vote, to wit:
AYES: Commissioners 0'Donnell, Greene, Haney, Rondeau and Lubin
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 20th day of May, 1997.
Resolution Na. 97-1621 ATTACHMENT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 97-556
James Harris
615 Myrtle Street
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the conversion of an existing residence into a 623 square
foot detached second residential unit.
1.
2.
The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 97-556.
3. This application shall automaticalfy expire on May 20, 1999 unless a building
final is issued for the primary residence currently under construction. 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 20, 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 with the SF zoning requirements except as
otherwise approved. �
SECOND DWELLING UNIT
7. Prior to occupancy of the primary 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 9-11.140 of the
Development Code, and to the satisfaction of the City Attorney and the
Community Development Director.