PC R 00-1759RESOLUTION NO. 00-1759
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING CONDITIONAL
USE PERMIT CASE NO. 00-010, LOCATED AT 283
JAMES WAY APPLIED FOR BY JERRY FOGLEMAN
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 00-010, filed by Jerry Fogleman, for a 632 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 Rural Residential 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.
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 woul� not create adverse environmental impacts.
Resolution No. 1759
Conditional Use Permit Case No. 00-010
Jerry Fogleman
September 5, 2000
Page 2
Further, there is no evidence that the proposed project would decrease
property values in the neighborhood.
On motion by Commission Vice Chair Parker, seconded by Commissioner Costello,
and by the following roll call vote, to wit:
AYES: 4
NOES: 1
ABSENT: 0
the foregoing Resolution was adopted this 5` Day of September, 2000.
ATTEST:
Kathleen Fryer, Commiss n Clerk
�C Jl� �l V/I.Q.Q/n.Q �—
Lawrence Greene, Chair
AS TO CONTENT:
Kerry Mc n s, Community Development Director
Resolution No. 1759
Conditional Use Permit Case No. 00-010
Jerry Fogleman
September 5, 2000
Page 3
1�:1:11-3��1i_lY
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 00-010
JERRY FOGLEMAN
283 JAMES WAY
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the construction of an attached second residential unit with
a gross floor area of 632 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. 00-010.
3. This application shall automatically expire on September 5, 2002 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 September 5, 2000 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 Rural Residential zoning requirements except as
otherwise approved.
SECOND DWELLING UNIT
7. Prior to issuance of a Building Permit for the second residential unit, the
Resolution No. 1759
Conditional Use Permit Case No. 00-010
Jerry Fogleman
September 5, 2000
Page 4
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.
BUILDING AND FIRE DEPARTMENT
UBC/UFC
8. 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.
PARKS AND RECREATION DEPARTMENT
9. Prior to issuance of a Building Permit for the second residential unit, a landscape
plan shall be submitted and approved by the Parks and Recreation Director. One
street tree is required per fifty feet of street front.
FEES AND BONDS FOR ALL CITY DEPARTMENTS
The applicant shall pay all applicable fees, including the following:
10. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT FOR THE
SECOND RESIDENTIAL UNIT
a) Water Mitigation fee, to be based on codes and rates in effect at the time
of building permit issuance, involving water connection or enlargement of
an existing connection.
b) Water Distribution fee, to be based on codes and rates in effect at the time
of building permit issuance, in accordance with Municipal Code 6-7.22.
c) Water Service charge to be based on codes and rates in effect at the time
of building permit issuance, in accordance with Municipal Code Section 6-
7.22.
d) Water Supply charge, to be based on codes and rates in effect at the time
of building permit issuance, in accordance with Municipal Code 6-7.22.
e) Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Ord. 461 C.S., Res. 3021.
f) Traffic Signalization fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Ord. 346 C.S., Res.
1955.
g) Sewer Permit fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-6.405.
h) Construction Tax, the applicant shall pay a construction tax pursuant to
Section 3-3.501 of the Arroyo Grande Municipal Code.
Resolution No. 1759
Conditional Use Permit Case No. 00-010
Jerry Fogleman
September 5, 2000
Page 5
i) Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes
and rates in effect at the time of development in accordance with State
mandate.
j) Building Permit Fee, to be based on codes and rates in effect at the time of
development in accordance with Title 8 of the Municipal Code.
k) Fire Impact Fee, to be based on codes and rates in effect at the time of
building permit issuance in accordance with Ord.15 C.S., Res. 3438.
I) Police Impact Fee, to be based on codes and rates in effect at the time of
building permit issuance in accordance with Ord. 515 C.S., Res. 3438.