PC R 02-1857RESOLUTION NO. 02-1857
A RESOLUTION OF THE CITY OF ARROYO GRANDE
PLANNING COMMISSION APPROVING CONDITIONAL
USE PERMIT 02-008 AND VARIANCE 02-006, LOCATED
AT 407 EL CAMINO REAL, APPLIED FOR BY GINA GLASS
WHEREAS, the applicant has filed for Conditional Use Permit 02-008 and Variance
02-006 to add three (3) guest rooms, one (1) day room and sound barriers to the
Arroyo Village Inn and to deviate from Development Code requiremerits for maximum
wall height, front yard setback and maximum number of signs; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public
hearing on Conditional Use Permit 02-008 and Variance 02-006 in accordance with
City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with
the City's General Plan and Development Code; and
WHEREAS, the Planning Commission has reviewed this project in compliance with
the California Environmental Quality Act (CEQA) and has determined that the project
is Categorically Exempt per Section 15301 of the CEQA Guidelines; and
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 conditionally permitted within the subject district pursuant
to the provisions of Section 16.16.050 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.
2. The proposed use will not impair the integrity and character of the district in
which it is to be established or located.
3. 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.
RESOLUTION NO. 02-1857
CUP 02-008 AND VAR 02-006
PAGE20F6
VARIANCE
1. That strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary hardship not otherwise
shared by others within the surrounding area;
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that
do not apply generally to other properties classified in the same zone;
3. That strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties classified in the same zone;
4. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in the
same zone;
5. That the granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity;
6. That the granting of a variance is consistent with the objectives and policies
of the general plan and the intent of this title.
RESOLUTION NO. 02-1857
CUP 02-008 AND VAR 02-006
PAGE50F6
Commission at the end of five (5) years from the date of approval. At any time, the
Planning Commission may modify existing conditions or impose new conditions to
protect the public health, safety and general welfare, as deemed necessary by the
Commission.
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Guest stays shall be limited to 14 days, with a seven day period between stays.
No meals, except for light refreshments, shall be served after 11:00 a.m. Only
guests may be served. No cooking shall be allowed in guest rooms.
The applicant shall submit a formal agreement befinreen the Arroyo Village Inn and
Montessori School outlining conditions for shared parking.
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13. The applicant shall obtain all necessary building permits from the City prior to
construction.
14. 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.
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Health Department approval shall be required for any alterations to the food
service portion of the project.
The project shall provide disabled access required by State and Federal law on
all new construction.
The project shall provide legal access to the third floor bedroom and emergency
access to all sleeping rooms.
Fire Department access to both lots shall be maintained.
PUBLIC WORKS DEPARTMENT
19. The applicant shall pay all applicable City fees at the time they are due.
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RESOLUTION NO. 02-1857
CUP 02-008 AND VAR 02-006
PAGE60F6
20. The developer shall be responsible during construction for cleaning city streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall no be permitted. The
cleaning shall be done after each day's work or as directed by the Director of
Public Works.
21 . The applicant shall be responsible for obtaining an encroachment permit for
all work within a public right of way.
22. All existing public overhead utilities which are on-site, and those within six
feet of the side and rear lot lines, and those along the frontage (as shown in
Figure A) shall be placed underground.
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23. All project improvements shall be constructed prior to occupancy, except for non-
essential improvements, which may be guaranteed by an agreement and
financial securities as provided for in Section 9-15.070 of the Development Code.
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RESOLUTION NO. 02-1857
CUP 02-008 AND VAR 02-006
PAGE30F6
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 02-008, 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 Guthrie, seconded by Commissioner Brown, and by the
following roll call vote, to wit:
AYES: Commissioners Guthrie, Brown, Arnold, Fowler and Vice Chair Keen
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 17` day of December 2002.
ATTE :
�E'��%l��A'► �
LY REARDON-SMITH,
COMMISSION CLERK
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AS TO CONTE
Rb�'STRONG, �
COMMUNITY DEVEL PMENT DIRECTOR
RESOLUTION NO. 02-1857
CUP 02-008 AND VAR 02-006
PAGE40F6
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 02-008
AND VARIANCE 02-006
ARROYO VILLAGE INN
407 EL CAMINO REAL
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GFN RA .nNDITInNS
This approval authorizes the addition of three (3) guest rooms, one (1) day room and
sound barriers to the Arroyo Village Inn, located at 407 EI Camino Real.
1. 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 Conditional Use
Permit 02-008 and Variance 02-006.
3. This application shall automatically expire on December 17, 2004 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.
4. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of December 17, 2002 and marked
"Exhibit B".
5. 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.
6. Construction shall be limited to befinreen the hours of 8:00 a.m. and 6:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
7. Development shall conform to the General Commercial (GC) zoning requirements
except as otherwise approved.
8. This Conditional Use Permit shall be subject to review by the Planning