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PC R 01-1793RESOLUTION NO. 01-1793 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 00-011, LOCATED AT 861 EAST CHERRY AVENUE, APPLIED FOR BY DISA THORENSEN WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 00-01 1, filed by Disa Thorensen, for a 638 square foot attached second residential 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 associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that it is exempt under 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 permitted within the Agricultural (AG) zoning 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 or located because the architectural style of the attached second dwelling unit is compatible with the appearance of the primary residence and other residences in the neighborhood. 3. The site is suitable for the type and intensity of use or development that is proposed because both the size of the lot� and the attached second residential unit are within the minimum and maximum size allowable under state law and the Development Code. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety because no moratoriums exist and the applicant is required to pay impact mitigation fees. Planning Commission June 5, 2001 Resolution No. 01-1793 Page 2 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. Further, there is no evidence that the proposed project would decrease property values in the neighborhood. On motion by Commissioner Brown, seconded by Commissioner Guthrie, and by the following roll call vote, to wit: AYES: Commissioners Brown, Fowler, Guthrie and Chair Costello NOES: None ABSENT: Commissioner Keen the foregoing Resolution was adopted this 5 Day of June 2001. ATTEST: � Lyn Reardon-Smith, Acting Commission Clerk AS TO CONTENT: Kerry McCan s, Community evelopment Director � !k. G J eph M. Costello, Chair Planning Commission June 5, 2001 Resolution No. 01-1793 Page 3 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 00-011 DISA THORENSEN 861 EAST CHERRY AVENUE COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of an attached second residential unit with a gross floor area of 638 square feet. 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. 00-01 1. 3. This application shall automatically expire on June 5, 2003 unless the building final is issued for the second residential unit. 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 June 5, 2001 and marked Exhibits "B1 — B3". 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. DEVELOPMENT CODE 6. Development shall conform to the Agricultural zoning requirements except as otherwise approved. Planning Commission June 5, 2001 Resolution No. 01-1793 Page 4 NOISE 7. Construction shall be limited to between the hours of 7 a.m. and 7 p.m. Monday through Friday and between 8 a.m. and 5 p.m. on Saturday or Sunday. SECOND DWELLING UNIT 8. Prior to issuance of a Building Permit for the second residential unit, the applicant shall record a deed restriction and an agreement affecting real property regarding the second dwelling unit in accordance with the provisions of Section 9-1 1.140 of the Development Code, and to the satisfaction of the City Attorney and the Community Development Director. The Deed Restriction shall stipulate that neither the second dwelling unit nor the main residence may be sold separately and the owner of the property must occupy one of the units on the property. SPECIAL CONDITIONS 9. The existing trees and shrubs located along the east property line shall remain to screen the adjacent agricultural operations. 10. Prior to issuance of a Building Permit, the applicant shall record a"Right to Farm" notice consistent with the requirements of the Development Code. BUILDING AND FIRE DEPARTMENT UBC/UFC 1 1. 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 ISSUING A BUILDING PERMIT: 12. The applicant shall show proof of properly abandoning all nonconforming items such as septic tanks, wells, underground piping and other undesirable conditions. 13. The applicant shall provide documentation identifying adequacy of the existing septic system, or expand the septic system as required. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 14. The new second residence must be fully sprinklered per Building and Fire Department guidelines. Planning Commission June 5, 2001 Resolution No. 01-1793 Page 5 PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 15. Fees - The applicant shall pay all applicable City fees at the time they are due. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 16. Undergrounding of utilities - All new public utilities shall be installed as underground facilities except as noted. All existing overhead public utilities shall be placed underground, including all overhead wires and service poles onsite, along the frontage and within 6 feet of side and rear yard lines.