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.