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PC R 01-1812� RESOLUTION NO. 01-1812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 01-009, APPLIED FOR BY TERRY P. FOWLER WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 01-009, filed by Terry P. Fowler, to operate a three- room bed and breakfast within an existing residence located at 212 Miller Way; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with 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) and has determined that the project is categorically exempt pursuant to Section 15303 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 9-03.050 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 because the scale and intensity of the proposed use is typical in a single-family residential neighborhood and the exterior appearance of the residence would continue to be in keeping with surrounding residential uses. In addition, the proposed use would be subordinate to the primary use as a single- family residence. 3. The site is suitable for the type and intensity of use or development that is proposed because all of the necessary Development Code requirements including parking would be provided, and the activities associated with the proposed use (e.g. eating, sleeping, lounging, etc.) are typical to a single-family residence. Further, the guest rooms are existing rooms within the residence; therefore, the existing residence would not be enlarged. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. Resolution No. 01-1812 Conditional Use Permit No. 01-009 Page 2 of 4 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. NOW, THEREFORE, BE IT RE$OLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 01-009, 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 Keen, and by the following roll call vote, to wit: � AYES: Commissioners Fowler, Guthrie, Keen and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 15 day of January 2002. ATTEST: � L n Reardon-Smith, Commission Clerk � • • � �� �.� L� , '�• • � ,� �. �---� Jo eph M. Costello, Chair unit� Development Director Resolution No. 01-1812 Conditional Use Permit No. 01-009 Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 01-009 Terry P. Fowler 212 Miller Way COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the operation of a three-room bed and breakfast within an existing residence located at 212 Miller Way. 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 Case No. 01-009. 3. This application shall automatically expire on January 15, 2004 unless a business license 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 January 15, 2002 and marked Exhibits "B1 - 63". 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. Development shall conform to the Residential Rural (RR) District requirements and Development Code Section 9-11.070, except as otherwise approved. Resolution No. 01-1812 Conditional Use Permit No. 01-009 Page 4 of 4 SPECIAL CONDIT/ONS 7. The operator of the bed and breakfast shall reside on the premises. 8. Guest stays shall be limited to 14 days, with a seven day period between stays. 9. 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. 10. Signage shall conform with the plans presented to the Planning Commission at the meeting of January 15, 2002. 11. Directional signage shall be placed at the two access points of the circular driveway. The northern access shall be posted as an entrance only and the . southern access shall be posted as an exit only. BUILDING AND FIRE DEPARTMENT 12. 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. PRIOR TO ISSUANCE OF BUSINESS LICENSE 13. The applicant shall obtain County Health Department approval for the cooking area.