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RESOLUTION NO. 05-1974
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPR(
AMENDED CONDITIONAL USE PERMIT CASE NO. 05-001, LOCA�
AT 212 MILLER WAY, APPLIED FOR BY TERRY FOWLER-PAYy-E
WHEREAS, the Planning Commission of the City of Arroyo Grande h�as considered an
application for Amended Conditional Use Permit Case No. 05-001, filed by Terry Fowler-
Payne for the removal of deed restriction and to allow a second dwelling unit on the first
and second floor of an existing carriage house; and �
WHEREAS, the Planning Commission has held a public hea'ring 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 associ�ted therewith; and
WHEREAS, the Planning Commission has re
California Environmental Quality Act (CEQA),
Grande Rules and Procedures for Implement
proposed project is Categorically Exempt per
WHEREAS, the Planning Commission
hearing, the following circumstances exi;
FINDINGS FOR APPROVAL
✓iewed�this project in compliance with the
the State CEQA Guidelines, and the Arroyo
�tion of CEQA and has determined that the
Section 15302 of the CEQA Guidelines.
, after due study, deliberation and public
Conditional Use Permit Findings:
1. The proposed secondary dwelling is permitted within the Residential Rural zone
pursuant to the provisions of�the Municipal Code and complies with all the applicable
provisions of the Municipal Code, the goals, and objectives of the Arroyo Grande General
Plan, and the development policies and standards of the city.
2. The proposed use would not impair the integrity and character of the district in which it
is to be established�due to the fact that the secondary dwelling unit will be constructed
inside an existing garage/carriage house.
3. The site is suitable for the type and intensity of use or development that is proposed
due to the p�operty is developed according to the development policies and standards of
the City including Section 16.52.150 (Second residential dwellings).
4. There�e adequate provisions for water, sanitation, and public utilities and services to
ensure�public health and safety since this use is located within the City limits and is
served by preexisting utilities.
�The proposed use will not be detrimental to the public health, safety or welfare or
aterially injurious to properties and improvements in the vicinity.
RESOLUTIOfV NO. 05-1974
AUGUST 16, 2005
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Amended Conditional Use Permit Case No. 05-001, with
the above findings and subject to the conditions as set forth in Exhibit "A"�attached
hereto and incorporated herein by this reference. �
On motion by Commissioner Tait, seconded by Commissioner Parker, and by the
following roll call vote, to wit: �
AYES: Commissioners Tait, Parker, Keen and Chair Brown
NOES: None /
ABSENT: Chuck Fellows
the foregoing Resolution was adopted this 16' day of Augus't, 2005.
ATTEST:
KATHY ME OZA,
COMMISSION CLERK
AS TO CQNTENT:
COMMUNITY D
� , .�
,
/
TIM B OWN, A R
PM�NT/DIRECTOR
RESOLUTION NO. 05-1974
AUGUST 16, 2005
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT CASE NO. 05-001
TERRY FOWLER-PAYNE
212 MILLER WAY i
If approved by the City Council, this approval will authorize the removal of deed restriction
and allow a second dwelling unit on the first and second floo�of an existing carriage
house.
Community Development Department
The applicant shall ascertain and comply with all/Federal, State, County and City
requirements as are applicable to this project. �
��
,
2. The applicant shall comply with all conditions of approval for Amended Conditional
Use Permit 05-001. �
3. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of August 16, 2005 and marked
Attachment 3.
4. Development shall conform to the Residential Rural (RR) zoning requirements
except as otherwise approved°
5. This application shall a
approval unless a build
of the approval, the apl
original date of expiratic
romatically expire two years from the date of City Council
�g permit is issued. Thirty (30) days prior to the expiration
icant may apply for an extension of one (1) year from the
6. The applicant s,liall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance%f said approval, or in anyway relating to the implementation thereof,
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� esult 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.
7. .� The applicant shall provide finro covered parking spaces for the residence and five
• uncovered parking spaces, three of which will be for the use of patrons of the Bed
RESOLUTION NO. 05-1974
AUGUST 16, 2005
PAGE 4
& Breakfast and two will be for the two-bedroom secondary dwelling unit/All
parking shall be provided in such a way that all spaces operate independently and
will not result in a tandem-parking situation. `
8. A deed restriction shall be recorded against the title of the propertjr prior to
issuance of a building permit. This deed restriction shall stipulate that�he second
dwelling cannot be sold and the owner of the property must occupy one of the
dwellings on the premises. �
9. The current deed restriction will be authorized to be released�by the City after all
conditions of approval for Amended Conditional Use Permit have been fulfilled by
the applicant and upon the approval of the final inspection of the secondary
dwelling unit. �
Building Department Conditions
10. The applicant shall submit a plot plan and building for proposed and existing
interior and exterior modifications. /
11.
12
The applicant shall pay for plan review and other impact fees at rates in effect at
the time permits are issued for the additiorial habitable space of the secondary
dwellina_ %
Tr
pE
within 14 days after issuance of building