PC R 94-1472RTSOLUTION NO. 94-1472
A RFSOLUTION OF TH� PLANNING C011'IMISSION OF
TI-IE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 94-520, AT 801
HUASNA ROAD; APPLIED TOR BY JAMES AND
EVADENE DOTSON; ADOPTION OF A NEGATIVE
DECLARATION AND INSTRUCTION THAT T'IiE
SECRETARY TILE A NOTIC� OF DETERMINATION.
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 94-520, filed by James and Evadene Dotson, for conversion
of an existing structure to a 640 square foot second residential unit in the Residential Suburban
Zone; and
WI the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WH�REAS, tl�e Planning Cornmission has found that this project is consistent with the
General Plan and the Environmental documents associated therewith; and
W�iEREAS, 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:
Conditional Use Permit Tindings:
1. The proposed use is permitted within the subject 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 or the district in which it
is to be established or located.
3. The site is suitable for the type and intensity of use or develvpment that is proposed.
4. Witli implementation of tl�e conditions of approval, there will be adequate provisions for
water, sanitation, and public utilities and services to ensure the public health and safety.
5. T1�e proposed use will not be detrimental to the public l�ealth, safety, or welfare, or
materially injurious to properties and improvements in the vicinity.
Department of Fisl� 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. 94-520.
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' 2. Based on the it�itial study, a negative declaration drafted for review by the public and
review and approval by the Planning Commission.
Resolution No. 94-1472
Conditional Use Permit Case No. 94-520
James and Evadene Dotson
May 17, 1994
Page Two
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 wliich the wildlife depends as a result of development of this
project.
NOW, TI BE 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 OF APPROVAL:
General Conditions
1. The applicant sl�all ascertain and comply with 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 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 May 17, 1996 and marked "Exhibit A".
4. The applicant shall agree to defend at his/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 parlicipation 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 hot water recirculating systems, drip irrigation
with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed
prior to final occupancy.
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. .
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Resolution No. 94-1472
Condition�l Use Permit Case No. 94-520
James and Evadene Dotson
May 17, 1994
Page Tl�ree
Planning Department Conditions
7. Development shall conform with the RS 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 tlie 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.
9. Construction plans shall be submitted to the Building Department prior to the start of
construction that show that the gross floor area of the proposed second residential
dwelling unit is 640 square feet or less.
Building Department Conditions
10. The applicant shall apply for necessary permits, pay fees and call for necessary
inspections.
Public Wot•ks Dep�rtment Conditions
11. Prior to final occupancy, the applicant shall connect both the residence and the second
residential dwelling unit to the city sewer system and properly abandon the septic system.
Fire Department Co�iditions �
12. The applicant shall provide Fire Department access per Fire Department guidelines or
provide alternative means of protection.
13. Any alternative means of protection must be approved by the Fire Chief prior to
installation.
On motion of Commissioner Deviny, seconded by Commissioner Reilly, and on the following
roll call vote, to wit:
AYES: Commissioners Soto, Reilly, Deviny, Keen and Chairman Carr
NOFS: None
ABSENT: Commissioners Tappan and Hatchett
the foregoing Resolution was passed and adopted this 17th day of May, 1994.
ATTEST:
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Nancy Brown, mmission Clerk Robert W. Carr, Chairman
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