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PC R 00-1751� RESOLUTION NO. 00-1751 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 00-009, LOCATED AT 231 CORBETT CANYON ROAD, APPLIED FOR BY BLAKE CHAFFEE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 00-009, filed by Blake Chaffee, to legally establish an existing 540 square foot detached second residential 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 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 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 permitted within the Residential Suburban (RS) 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 detached 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 the size of the second residential unit situated on a 84,063 square foot lot is compatible with the density of the existing neighborhood. 0 5 There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 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. 00-1751 CUP 00-009 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 00-009, 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 Keen, seconded by Vice-Chair Parker, and by the following roll call vote, to wit: AYES: Commissioners Keen, London, Vice-Chair Parker and Chair Greene NOES: None ABSENT: Commissioner Costello the foregoing Resolution was adopted this 5 day of July 2000. ATTEST: Kathleen Fryer, Commissio Clerk � ,1/(.1/1�1(� Q1�/(p.Q/L[Q , Laurence Green, Chair AS TO CONTENT: Kerry Mc�its Community Development Director � Resolution No. 00-1751 CUP 00-009 Page 3 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 00-009 Blake Chaffee 231 Corbett Canyon Road COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval legally establishes an existing 540 square foot detached second residential unit. 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. 00-009. 3. This application shall automatically expire on July 5, 2002 unless an as-built building permit for the secondary residential unit 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 July 5, 2000 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. DEVELOPMENT CODE 6. Development shall conform to the RS zoning requirements except as otherwise approved. 7. Setbacks, lot coverage, and floor area ratios shall be as shown on Exhibit "B", except as specifically modified by these conditions. Resolution No. 00-1751 CUP 00-009 Page 4 of 4 SECOND DWELLING UNIT 8. Prior to issuance of an "as-built" 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 9-11.140 of the Development Code, and to the satisfaction of the City Attorney and the Community Development Director. Said deed restriction and agreement shall stipulate that the second dwelling unit cannot be sold separately from the primary residence, and that the owner of the property must occupy one of the units on the premises. 9. Only one electric and one gas meter shall be allowed on the property and shall serve both the primary residence and the second unit. BUILDING AND FIRE DEPARTMENT UBC/UFC 10. 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. 11. The applicant shall apply for an "as-built" building permit for the second residential unit.