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