Loading...
PC R 04-1934RESOLUTION NO. 04-1934 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 03-002, LOCATED AT 447 LIERLY LANE, APPLIED FOR BY TONY JANOWICZ WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for Conditional Use Permit Case No. 03-002, filed by Tony Janowicz to convert an existing residence to a second dwelling unit; and WHEREAS, the Planning Commission has held a public hearing 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 associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the proposed project is Categorically Exempt per Section 15301 of the CEQA Guidelines. WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Residential Rural district pursuant to Section 16.52.150 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 subject to the mitigation measures outlined by the conditions of approval. ►7 3 The proposed use will not impair the integrity and character of 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. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts subject to the mitigation measures outlined by the conditions of approval. RESOLUTION N0 .04 - 1934 SEPTEMBER 7, 2004 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 03-002, 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 Keen, seconded by Commissioner Arnold, and by the following roll call vote, to wit: AYES: Commissioners Keen, Arnold, Brown, Fowler and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 7 day of ATTE T: . ' h � , LYKI REARDON-SMITH, ��� �SECRETARY TO THE COMMISSION AS TO CONTENT: ROB StRONG, � COMMUNITY DEVE i?� ;tii` ENT DIRECTOR ES GUTHRIE, CHAIR ��;:.�w- . ,� : a' $ e#a+"� :�; ;;�:: RESOLUTION NO �4 SEPTEMBER 7, 2004 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 03-002 TONY JANOWICZ 447 LIERLY LANE ��� L_.1 •►i►i ► r � •'►i ► � '_: �i ► ► C: •►� •► This approval authorizes the existing 1,463 square foot house to be renovated and reduced in. size to 1,012 square feet in order to be used as a second dwelling unit. 2 3 4. The applicant shall 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 of 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 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 participation shall not relieve applicant of his/her obligations under this condition. � •�►� ► •� 5. Development shall conform to the Second Dwelling Unit requirements of Section 16.52.150 of the Development Code except for individual utility meters, the existing 6 foot setback and interim use of existing septic system until sewer improvements are provided. ►• The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 03-002. Development shall occur in substantial conformance with the plans received by the Community Development Department on February 12, 2004. 6. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday through Friday, and befinreen 8 a.m. and 5 p.m. on Saturday. No construction shall occur on Sunday. RESOLUTION NO 04 SEPTEMBER 7, 2004 PAGE 4 � ► �►� : � '�: ii ► 7. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande, including, the project shall have a fire flow of 1,000 gallons for a duration of 2 hours, fire sprinklers for the subject dwelling and agreement by the applicant to provide and/or participate in area improvements of access, sewer and drainage infrastructure to the satisfaction of the Fire Chief and Director of Public Works. 8. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code, provide a 20-foot wide access, utility and drainage easement from the southwest corner of the property, turning northeast between the two residential units and to the northeastern property line. L