PC R 94-1473RESOLUTION NO. 94-1473
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE P�RMIT CASE NO. 94-521, AT 700
W�IITE COURT; APPLI�D FOR BY RICI�ARD AND
PATRICIA SHAFFER; ADOPTION OF A NEGATIVE
DECLARATION AND INSTRUCTION THAT THE
SECRETARY FILE A NOTIC� OF DETERMINATION.
WHEREAS, the Planning Commission of the City of Anoyo Grande has considered
Conditional Use Permit Case No. 94-521, filed by Richard and Patricia Shaffer, for conversion
of an existing structure to a 500 square foot second residential unit; and
WHER�AS, 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 RR 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. Tl�e proposed use will not impair the integrity and character of t}�e 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 I'ish and Game Itequired 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. 94-521.
Resolution No. 94-1473
Conditional Use Permit Case No. 94-521
Richard and Patricia Shaffer
May 17, 1994
Page Two
2. Based on the initial study, a negative declaration drafted for review by the public and
review and apprvval 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, TH�REFORE, I3� IT RFSOLVED that the Planning Commission of the City
of Arroyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a Notice
of Determination and approves said conditional use permit, subject to the standard conditions
of the City and those conditions listed below:
CONDITIONS OT APPROVAL -
General Conditions
1. The applicant shall ascertain and comply witli all State, County and City requirements
as are applicable to this project.
2. This application shall automatically expire on May 17, 1996 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 fro►n the original date of expiration.
3. Development shall occur in substantial conformance with the plans presented to tlie
Planning Cornmission at the meeting of May 17, 1994 and marked "Exhibit A".
4. The applicant shall agree to defend at 1�is/her sole expense any action brought against the
City, its agents, officers, or employees 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 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.
5. All construction shall utilize fixtures 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 heaters or hvt water recirculating systems, drip irrigation
with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed
prior to final occupancy. �
Resolution No. 94-1473
Conditionul Use Permit Case No. 94-521
Richard and Patricia Shaffer
May 17, 1994 •
Page Three
6. Prior to final inspection and/or issuance of a certificate of occupancy for the second
residential unit, the applicant shall pay to the City a fee of Three Hundred, Twenty Eight
Dollars, and Thirty One Cents ($328.31) to mitigate impacts to the City's Transportation
Facilities.
Pla�ining Department Conditions
7. Development shall conform with the RR zoning requirements and all the conditions and
requirements of Section 9-11.140 of the Development Code, unless otherwise approved.
8. 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 Planning
Director, prior to issuance of Building Permits.
Building Department Conditions
9. The applicant shall apply for necessary permits, pay fees and call for necessary
inspections.
On motion of Commissioner Soto, seconded by Commissioner Deviny, and on the following roll
call vote, to wit:
AYFS: Commissioners Soto, Reilly, Deviny, Keen and Chairman Carr
NOES: None
ABSENT: Commissioners Tappan and Hatchett
the foregoing Resolution was passed and adopted this 17th day of May, 1994.
ATTEST:
,
Nancy Brown, mission Clerk Robert W. Carr, Chairman
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