PC R 97-1618RESOLUTION NO. 97-1618
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE RECOMMENDING THAT THE
CITY COUNCIL ADOPT A NEGATIVE DECLARATION,
INSTRUCT THE SECRETARY TO FILE A NOTICE OF
DETERMINATION, APPROVE COND[TIONAL USE PERMIT
CASE N0. 97-554, AT 769 AVENIDA DE DIAMANTE;
APPLIED FOR BY BILL HARRER
WHEREAS, the Ptanning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 97-554, filed by Bill Harrer, for a 526 square foot
attached 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 Rancho Grande PD-1.2 zone 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
attached second dwel(ing unit matches the existing residence and is compatible
with the appearance of other residences in the neighborhood.
3. The site is suitable for the type and intensity of use or development that is
proposed because the size of the attached second residential unit combined
with the size of the existing residence are consistent with other residences in
the neighborhood. .
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. 97-1618
Conditional Use Permit Case No. 97-554
Bill Harrer
May 6, 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. 97-554.
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 recommends the City Council adopts a Negative Declaration,
instructs the Secretary to file a Notice of Determination, and approves Conditional Use
Permit Case No. 97-554, 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, Rondeau, Haney and Lubin
NOES: None
ABSENT: None
the foregoing Resolution �was adopted this 6th day of May, 1997.
ATTEST:
�
Lucille rees , Commission Clerk
AS TO CONTENT:
� - I �l0u.e
�
Do�een Lib�rto-Blanck, Community Development Director
�
Resolution No. 97-1618
ATTACHMENT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE N0. 97-554
Bill Harrer
769 Avenida De Diamante
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes a 526 square foot attached second residential unit.
1.
�
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. 97-554.
3. This application shall automatically expire on May 6, 1999 unless a building
permit 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 May 6, 1997 and marked Exhibit
nq
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. �
NOISE
6. Construction shall be limited to between the hours of 7am and 10pm Monday
through Friday and between 8am and 5pm on Saturday or Sunday.
DEVELOPMENT CODE
7. Development shall �conform with the Rancho Grande PD ,1.2 requirements
except as otherwise approved.
8. Setbacks, lot
development
conditions.
coverage, and floor area ratios shall be as shown on the
plans, Exhibit "A", except as specifically modified by these
Resolution No. 97-1618
SECOND DWELLING UNIT
9. Prior to issuance of a buiiding permit, 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.
BUILDING AND FIRE DEPARTMENT CONDITIONS
BU C/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.
SPEC/AL COND/T/ON
11. All doors and/or openings between dwelling units shall be one (1) hour fire
rated.
FEES AND BONDS FOR ALL CITY DEPARTMENTS
The applicant shall pay all applicable City fees, including the following:
12. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a. Traffic Impact fee, to be based on codes and rates in effect at the time
of building permit issuance, in accordance with Ordinance No. 461 C.S.,
Resolution 3021.
b. Traffic Signalization fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Ordinance No. 346
C.S., Resolution No. 1955.
c. Construction Tax, the applicant shall pay a construction tax pursuant to
Section 3-3.501 of the Arroyo Grande Municipal Code.
J