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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