Loading...
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. � . . ;. 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.