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PC R 92-13771 � 9'7� R�SOLUTION NO. 92-1377 A R�SOLUTION OF TI-IE PLANNING COMIVIISSiON OF TH� C1'I'Y OI' ARROYO GRAND� Al'1'ROVING CONDITIUNAL US� 1'�RM1T CAS� NO. 92-SU1 AND ASSOCIA'f�D ARCI-II1'�CTURAL R�VIEW, rOR CONSTRUCTION OT A SECOND R�SIDEN'fIAL UNIT OV�R AN �XISTING GARAG�, APPLICD rOR BY ROGER ]FULLCIt AT 840 TARROLL AV�NUI:; AllOP1'[ON OT A N�GATIV� D�CLARAI'ION AND INSTRUCi'ION 1'I-IA1' TI-I� SLCR�1'ARY F1LC A NOTICC OF DET�RMINATION. WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 92-501 and Associated Architectural Review, filed by Roger Fuller, to construct a second residential unit, in the Single Family Residential District; and WI-IER�AS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WI-IER�AS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and VVH�REAS, 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 instructs the Secretary to file a Notice of Determination; and WI-IEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Condition�l Use Permit l. The proposed use is permitted within the subject district pursuant to the provisions of Section 9-03.050 of tlle 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, provided the conditions of approval are implemented. 2. 3. 4. 5. The proposed use will not impair the integrity and character or the district in which it is to be established or located. The site is suitable for the type and intensity of use or development that is proposed. There are adec�uate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. Architectur�l Review 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande. 2. 3. 4. 5. 6. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons working in the neighborhood of the proposed project. The general appearance of the proposal is in keeping with the character of the neigllborhood. The proposal is not detrimental to the orderly and harmonious development of the City. The proposal will not impair the desirability of investment or occupation in the neighborhood. �i Resolution No. 92-1377 Condition.il Use 1'ermit C�se No. 92-,501 �nd Associated Architectural Iteview Roger Fuller July 7, 1992 Page 1'wo NOW, THEREI'ORF,, BC IT R�SOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said conditional use permit, subject to the standard conditions of the City and those listed below: General Conditions 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 July 7, 1994 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 July 7, 1992 and marked "Exhibit A". 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, ofticers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. 1'lie applicant shall reimblirse 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 tl�e 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 tlow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigatioit wit11 drougllt tolerant landscaping and etcetera. All tixtures and designs shall be installed prior to final occupancy. Pla�uiing De��irtment Conditions 6. Development shall conform with the SF zoning requirements unless otherwise approved. 7. Gross floor area of the second residential dwelling unit shall not exceed 640 square feet. Prior to issuance of building permits, construction drawing shall be drafted for review and approval of the Planning Director showing implementation of this conciition. 8. The size and location of the east facing windows of the second residential unit shall be built as indicated on tl�e proposed building elevations and shall not be altered. This condition shall become a part of the deed restriction required as condition 12. � 10. 11. Either the primary residence or the second residential unit shall be owner occupied at all times. Using both units simultaneously as rental units is prohibited. The second residential unit shall be used for rental purposes only and shall not be offered for sale. The occupant of. the second residential unit shall have the use of one garaged parking space and one open parking space. 12. The applicant shall record a deed restriction and an Agreement Affecting Real Property regarding the seco»d 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 for the second residential unit. '1 �9�9 Resolution No. 92-1377 Condition�►1 Use Permit Case No. 92-501 and Associ�ted Architectucal Review Roger Fuller July 7, 1992 1'�ge 1'hree 13. Prior to issuance of building permits, a California Licensed Surveyor shall certify that the minimum rear yard setback to the proposed second unit is at least ten (10) feet. The Surveyor shall also certify that the proposed second unit does not encroach on the existing sewer easement. If the unit does not meet the minimum setbacks or there is encroachment, a building Permit shall not be issued. 13.b. Prior to issuance of building permits, the applicant shall work with the Director of Parks and Recreation to plant trees between the building and the property line to minimize the visual impact of the second residential unit. Building Department Conclitions 14. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, are subject to all seismic conditions as tlley would apply to earthquake zone 4. 15. All structures as regulated by the currently adopted issues of the Uniform Building Code and related cocles, are subject to energy regulations as described in Title 24 of the California Administrative Code for climate zone 5. Fire Depai�tment Conditions - 16. Fire sprinkler systems shall be retro-fitted into the existing garage/shop and shall be installed in the proposed second residential unit prior to issuance of the Certificate of Occupancy for the Second Residential Unit. Prior to framing inspection of the second unit, tlte applicant shall submit fire sprinkler plans for the review and approval of the Fire Chief. Installation of these systems shall mitigate the poor fire vehicle access provided by the site and its location in respect to the nearest fire hydrant. On motion of Commissioner Groves, seconded by Commissioner Soto, and on the following roll call vote, to wit: AYES: Commissioners Groves, Soto, Souza, Tappan, and Chairman Brandy NOES: None ABS�NT: None ABSTAIN: . Commissioners Carr and Moore the foregoing Resolution was passed and adopted this 7th day of July, 1992. ATTEST: � Mona L. Prelesnik, Commission Clerk Drew randy, Chairma