PC R 97-1614RESOLUTION NO. 97-1614
A RESOLUTION OF THE PLANNING COMIVIISSION OF
THE CITY OF ARROYO GRANDE ADOPTING A
NEGATIVE DECLARATION, INSTRUCTING TI3E
SECRETARY TO FILE A NOTICE OF DETERIVIINATION,
AND APPROVING CONDITIONAL USE PERMIT CASE NO.
97-551 AND A MINOR ARCHITECTURAL REVIEW;
APPLIED FOR BY L. C. LA VINE, AT 238 WEST BRANCH
STREET .
W�iEREAS, the Planning Commission of the City of Anoyo Grande has considered
Conditional Use Permit Case No. 97-551 filed by L. C. La Vine, for a 540 square foot 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
WI�REAS, 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
1. The proposed use is permitted within the Single Family 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.
3. The site is suitable for the type and intensity of use or development that is proposed.
4. There are adequate provisions for water, sanitation, and public utilities and services to
ensure the public health and safety.
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.
Department of Fish and Game Required �ndings of Exemption:
1. The City of Anoyo 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. 97-551.
Resolution No. 97-1614
Conditional Use Permit Case Number 97-551
L. C. La Vine
April 15, 1997
Page 2
2. Based on the initial study, a Negative Declaration has been drafted for review by the
public and review and approval by the Planning Commission.
3. After holding a public heanng pursuant to State and City Codes, and considering the
record as a whole the Planning Commission adopted the Negative Declaration, finding
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
Detern�ination, and approves Conditional Use Permit Case No. 97-551, 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 Haney, seconded by Commissioner O'Donnell, and by the
following roll call vote, to wit: .
AYES: Commissioners Haney, O'Donnell, Rondeau and Lubin
NOFS: Commissioner Greene
ABSENT: None
the foregoing Resolution was adopted this 15th day of April, 1997.
ATTEST:
AS TO CONTENT:
Doreen
r I
a
k. Com
Director
EXHIBIT "A"
CONDITIONS�OF APPROVAL
CONDITIONAL USE PERNIIT CASE NO. 97-551
L. C. La Vine
238 West Branch Street
COMMUI�TITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the conversion of an existing studio into a 540 square feet attached
second dwelling unit.
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. 97-551.
3. This application shall automatically expire on April 15, 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 April 15, 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 fees 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 lOpm Monday through
Friday and between 8am and Spm on Saturday or Sunday. �
DEVELOPMENT CODE
7. Development shall conform with the Single Family Residential zoning requirements
except as otherwise approved.
SECOND DWELLING UNI'T
8. Prior to issuance of a building 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.
8a. An amended parking plan shall be prepared by applicant and approved by Planning
Commission prior to issuance of building permits.
BUILDING AND FIRE DEPART`MENT CONDITIONS
UBC/UFC
9. The project shall
Building Codes ;
Arroyo Grande.
comply with the most recent editions of the California State Fire and
nd the Uniform Building and Fire Codes as adopted by the City of
SPECIAL CONDITIONS
10.
11.
Prior to issuance of a building permit, sewer and water fees shall be paid as applicable
for a second dwelling unit.
Prior to final inspection, the applicant shall }�ay the Traffic Impact Fee of $328.31 as
required by Arroyo Grande Municipal Code Section 3-2.501 et., seq.
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