PC R 95-1508It1:SOLUTION NO. 95-1508
A RESOLUTION OF THC PLANNING COMMISSION Or
THE CITY OF ARROYO GRANll� APPROVING
CONDITIONAI. US� P�RMIT CASE NO. 95-533, AT 1475
�IILLCREST DRIVE; APPLI�ll FOR BY I'AUL AND MARY
H�RTEL; ADOPTION Or A NEGATIVE D�CLARATION
AND INSTRUCTION 1IIAT TH� SECRETARY FILE A
N01'ICF, OF DETERMINATI�N.
WIILRLAS, the I'lanning Commission of the Cily of Arroyo Grande has considerecl
Conditional Use Permit Case No. 95-533, filed by Paul and Mary Herlel, for a 637 square foot
second residential unit; and
WII�REAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WH�REAS, the Planning Commission has found that this project is consistent with the
General Plan and tl�e Environmental documents associated tl�erewitl�; and
W�I�REAS, lt�e Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (C�QA) and has determined that a Negative Declaration
can be adopted; and
WI-I�REAS, the Planning Commission finds, after due study, deliberation and public
hearing, lhe following circumstances exist:
FINDINGS FOR APPROVAL �
Conditional Use Permit Findings:
l. The proposed use is permitted wilhin the RS-D-2.6 zone pursuant to the provisions of
Section 9-03.U50 of tl�e Development Code, and complies with all applicable provisions
of tl�e Development Code, tl�e goals and objectives of tlie Arroyo Grande General Plan,
and lhe development policies and standards of the City.
2. The proposed use will no[ impair the integrity and character of the district in which it is
- to be established or located.
3. The site is suitable for lhe 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 lhe public health and safety.
5. The proposed use will not be detrimental to tlle public health, safety, or welfare,
or materially injurious to properties and improvements in the vicinity.
Department of Fish aud Game Required Findings of I:xempt.ion
1. The City of Arroyo Grande has prepared an initiat study pursuant to Section
15063 of the Guidelines of the California �nvironmental Quality Act (CEQA), for
Conditional Use Permit Case No. 95-533.
Resol«t.ion No. 95-1508
Coiadilion�l Use Permit C�se Number 95-533
P�til at�d Mai•y IIet•t.el
May 1G, 1995
Yage 2
2. Based on the initial study, a negative declaration drafted for review by the public
and review and approval by �the Planning Commission.
3. After holding a public hearing purs�iant 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 Fisli and Ga►ne Code or on tl�e }iabitat upon wliich ttie wildlife
depends as a result of development of this project.
NOW, TII�R�FORr, BE IT R�SOLVED that the Planning Commission of the City
of Arroyo Grande hereby adopts a Negative Declaration, instructs tl�e Secretary to �le a Notice
of Determination and approves said conditional use permit, subject to the standard conditions
of the City and those cvnditions listed below:
CONDITIONS OF APPROVAL
General Couditio��s
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. This application shall automatically expire on May ,16, 1997 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.
3. Development shall occur in substantial conforrnance wilh the plans presented to the
Planning Commission at the meeting of May 16, 1995 and marked "Exhibit A".
4. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, ofrcers, or employ�es because of the issuance of said approval, 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 coi�rt 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.
5. All construclion shall utilize fxtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow shower heads, water
saving toilets, instant water i�eaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and etcetera. All �ixtures and designs shall be installed
prior to final occupancy.
Itesoluliori No. 95-1508
Condit.ioual Use Periuit C ase Ni�mber 95
Paul and M�ry I�ertel
M�y 16, 1995
Page 3
6. Prior to final inspection and/or issuance of a certificate of occupancy for tl�e second
residential unit, tl�e applicant sl�all pay to tt�e City a fee of Tliree Hundred, Twenty Eigi�t
Dollars, and Thirty One Cents ($328.31) to rnitigate impacts to the City's Transportation
Facilities.
Planuiug Department Conditions
7. Development sl�all conform with tl�e RS-D-2.6 zoning requirements and a�l the conditions
and requirements of Section 9-11.140 of the Development Code, unless otl�erwise
approved.
8. The applicant sl�all record a deed restriction and an agreement affecting real property
regarding the second dwelling unit in accordance with tt�e provisions of Section 9-11.140
of the Development Code, and to the satisfaction of lhe City Attorney and the Planning
Director, prior to issuance of Building Permits.
Architectural Advisory Con��uit.tee Conditions
9. Provide mini-blinds or obscured glass in the garage windows.
10. Plaster and color coat existing anci proposed block walls.
11. Match the details of tl�e existing residence.
Building and Fice Dep�rtment Conditions �
12. Must comply with the most recent edilion of the State Fire and }3uilding Code.
13. Roof of the second unit sliall be Class A.
14. Permits are required for the Second unit and for retaining walls.
15. No final until all requirements of second residential unit standards have been approved
by appropriate City Departments.
Public Worlcs Depart.�uent Couditious
16. Submit a grading and drainage plan. Disposal of improvement water shall be dispensed
evenly at the back portion of the lot by using a perforated pipe.
17. Pay necessary clrainage fees per Resolution No. 1866. Fee shall be paid witli building
pertnit.
Parlcs and Recreation Department Condit.ions
18. Owner to provide protective �encing (five feet high) around the existing Redwood tree.
Avoid any trenching of utilities and footings for walls ��ear tlie tree if possible. All
conditions of the Community Tree Ordinance, 431 C.S. shall be followed.
Resolut.io�� No. 95-1508
Co��ditional Use Per�nit C�se Number 95-533
Paul �nd M�ry Het-tel
May iC, 1995
1'�ge 4
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19.
20.
Street tree fee waived for retention of the existing redwood tree.
Shorten the length of the retaining wall and angle the end of the wall if possible to avoid
the Redwood tree.
On motion of Commissioner IIeck, seconded by Commissioner Deviny, and on the
f�llowing roll call vote, lo wit:
AYrS; Cotnmissioners Soto, Deviny, Hatchett, Beck ancl Chairperson Keen
NO�S; None
ABSENT: Commissioners 'I'appan and Carr
the foregoing Resolution was passed and adopted tl�is 16th day of May, 1995.
ATT�ST:
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Nancy I3ro n, Commission Clerk
Jo Keen, � irperson
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