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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. e ' 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. . � 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: � Nancy Brown, mmission Clerk Robert W. Carr, Chairman �� U