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.
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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:
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LYKI REARDON-SMITH,
��� �SECRETARY TO THE COMMISSION
AS TO CONTENT:
ROB StRONG, �
COMMUNITY DEVE
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ENT DIRECTOR
ES GUTHRIE, CHAIR
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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
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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.
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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.
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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.
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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
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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.
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