PC R 96-1592RESOLUTION NO. 96-1592
A RESOLUTION OF THE PLANNING CONIlVIISSION OF
T�iE CITY OF ARROYO GRANDE THAT ADOPTS A
NEGATIVE DECLARATION, INSTRUCTS THE
SECRETARY TO FILE A NOTICE OF DETERMINATION,
AND APPROVES CONDITIONAL USE PERMIT CASE NO.
96-545, APPLIED FOR BY JUDY ZWARG AND JACK
TIEDE:MANN, AT 227 LE POINT STREET .
W�EREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 96-545, filed by Judy Zwarg and Jack Tiedemann, to convert
an existing single family residence to a Bed and Breakfast Inn; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with City Codes; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
`VHEREAS, the Planning Commission has reviewed the draft negative declaration under
the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and the Arroyo Grande Rules and Procedures for the Implementation of CEQA; and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit F'mdings: .
1. The proposed use is permitted within the RR 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.
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 Fndings of Exemption:
l. 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. 96-545.
Resolution No. 96-1592
Conditional Use Permit Case No. 96-545
Judy Zwarg and Jack Tiedemann
December 3, 1996
Page 2
2. Based on the initial study, a negative declaration has been drafted for review by the
public and approval 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 adopts the negative declaration and finds
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 with mitigation measures, instructs the
Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 96-
545 with the above findings and subject to the conditions and mitigation measures as set forth
in Attachments "A" and "B", attached hereto and incorporated herein by this reference.
On motion of Commissioner Deviny, seconded by Commissioner Titus, and by the
followirig roll call vote, to wit:
AYES: Commissioners Deviny, Titus, Lubin, Keen and Tappan
NOES: None �
ABSENT: None
the foregoing Resolution was adopted this 3rd day of December, 1996.
ATTEST:
ucille reese, Commission Clerk
AS
Doreen
' 1.
: � � ,
William Tap , Chair
Community Development Director
Resolution No. 9fr1592 ATTACI�VIEENT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 96-545
Judy Zwarg & Jack Tiedemann
227 Le Point Street
GENERAL CONDITIONS
COMMU1vITY DEVELOPMENT DEPARTMENT
This approval authorizes the conversion of an existing single family residence to a Bed and
Breakfast Inn.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. This application shall autoinatically expire on December 3, 1998 unless a business license
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.
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of December 3, 1996 and marked Exhibit "A" .
4. 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 discredon, 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.
TRAFFIC/SIGNALIZATION FEES
5. Prior to issuance of a business license, the applicant shall pay the applicable
Transportation Facilities Development Impact Fee as required by Anoyo Grande
Municipal Code Section 3-2.501 et. seq. It is estimated that the use will generate an 18
percent increase in traffic. Therefore, the applicant shall pay 18 percent of the
Transportation Facilities Development Impact Fee for a single family residence
($538.22 x .18 = $96.88).
6. Prior to issuance of a business license, the applicant shall pay the applicable Traffic
Signalization Fees as required by Municipal Code Section 3-2.3, et. seq. The fee shall
be equivalent to 18 percent of the Traffic Signalization Fee for a single family residence
($158.75 x .18 = $28.58).
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Resolution No. 96-1�92
DEVELOPMENT CODE
7. Development shall conform with the RR zoning requirements except as otherwise
approved.
8. Signage shall conform with the plans presented to the Planning Commission at the
meeting of December 3, 1996 and marked Exhibit "B" .
9. All walls (including retaining walls), fences, or combination thereof, within the front
setback area, shall be no more than 3 feet in height. Unless specifically approved
through the appr.opriate procedure, no other wall (including retaining walls), fer�ce, or
combination thereof shall exceed six feet (6') in height.
SPECIAL CONDITIONS
� 10. Prior to the issuance of a business license, three add�tional uncovered parldng spaces
shall be installed. Two proposed parldng spaces perpendicular to the existing driveway
and the turn around area shall be a minimum 13 feet wide to provide adequate turning
radius and allow vehicles to exit the site in a forward direction. The two uncovered
parldng spaces shall be paved with grass-crete to assist in drainage. The third parking
space shall be delineated in front of the western portion of the garage.
11. The applicant shall comply with the provisions of the San Luis Obispo County Health
Department, as well as all State laws regulating food handling establishments.
12. All Uniform Building Code and Fire Code requirements for the level of occupancy of the
Bed and Breakfast Inn shall be met.
13. All Environmental Health Regulations shall be met.
14. The operator/property owner shall reside on the premises.
15. Guest stays shall be limited to fourteen (14) days, with a seven (7) day period between
stays. .
16. I�o meals, except for light refreshments, shall be served after 11:00 a.m. and only guests
may be served. No cooking shall be allowed in guest rooms.
PARKS AND RECREATION DEPARTMENT CONDITIONS
TREE PRESERVATION/TREE REMOVAL PLAN
17. Prior to any grading occurring on site, the developer shall submit a tree preservation
and tree removal plan to the Director of Parks and Recreation/City Arborist for lots with
trees. The plan shall include the location, size and specie of all trees located on the lot
or on adjoining lots, where development could affect the roots or limbs on trees or
adjacent property. .
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Resolution No. 96-1592
18. All significant trees to be removed as designated by the Director of Parks and
Recreation/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the
approval of the Parks and Recreation Director, tree removal shall be mitigated by
planting on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for
a 15 gallon tree). Larger trees may be required to mitigate tree removal.
19. Prior to any grading occurring on-site, all trees to remain on site shall be marked with
paintlribbon and protected by a five (5') foot vinyl or chain link fence. The fence shall
. be located at a minimum of eight (8') foot radius from the trunk of the tree.
20. All trees on the construction site to be preserved shall be protected under the conditions
of the Community Tree Ordinance (431 C.S.) which include but are not limited to:
a.
b.
c.
d.
26.
27.
No mechanical trenching within the drip line of a tree, unless approved by the
Parks and Recreation Director;
No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree;
No grading shall occur under a trees dripline, unless approved by the Parks and
Recreation Director; and
A five foot (5') protective fence shall be constructed a minimum of 8' from the
trunk of each tree.
SPECIAL CONDITIONS
21. The site plan shall be modified to show t�e existing tree in front of the garage as "to
remain".
BUILDING AND FIItE DEPARTMENT CONDITIONS
Prior to issuance of a business license, all addresses shall be visible at the street and
on individual residences.
F�►a
All fire lanes must be posted and enforced, per Police Department and Fire Department
guidelines.
23.
Smoke detectors shall be required in each sleeping area and shall be hard wired into the
electrical system. �
24.
Prior to issuance of a business license, County Health Department approval is required
for the kitchen.
25.
PUBLIC WORKS DEPARTMENT CONDITIONS
STREETS
The driveway approach shall be a minimum of twelve (12) feet wide per City Standard
101 AG sheet 1 of 3. .
The applicant shall be responsible for replacing any broken curb, gutter and sidewalk
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Resolution No. 96-1592 ATTACHMENT "B"
_ MITIGATION MEASURES
CONDITIONAL USE PERMIT CASE NO. 96-545
Judy Zwarg & Jack Tiedemann
227 Le Point Street
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mi�igation measures have been implemented.
WATER
1. The applicant shall submit water usage projections. If v�rater usage projections exceed
the historical use of the property, the applicant shall submit, for review and approvai of
the City Council, an individual water program that will nevtralize proj ected water
demand for the project. The approved program shall be implemented prior to issuance
of a business license.
Time Frame: Prior to. issuance of a business Iicense.
Monitoring Department: Public Works Department
2. All landscaping shall be consistent with water conservation practices including the use
of drip irrigation, mulch, gravel, and bark. To the greatest extent possible, lawn areas
and areas requiring spray irrigation shall be minimized.
Time Frame: During business license review.
Monitoring Department: Parks and Recreation Department
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