PC R 00-1737RESOLUTION NO. 00-1737
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE ADOPTING A NEGATIVE
DECLARATION, INSTRUCTING THE SECRETARY TO FILE
A NOTICE OF DETERMINATION, AND APPROVING
AMENDED CONDITIONAL USE PERMIT CASE NO. 00-
002, LOCATED AT 789 VALLEY ROAD, APPLIED FOR BY
JOHN & MELANIE HODGES
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Amended Conditional Use Permit Case No. 00-002, filed by John & Melanie Hodges,
to convert four (4) detached hotel rooms into one 1,500 square foot office, construct
a two-car garage attached to rear of the restaurant, and remove a portion of the
structure located between the Bed & Breakfast and the Restaurant; 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�, the State CEQA Guidelines, and the
Arroyo Grande Rules and Procedures for Implementation of CEQA and has
determined that a Negative Declaration can be adopted; 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 General Commercial 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 proposed use is similar to
surrounding uses.
3. The site is suitable for the type and intensity of use or development that is
proposed because all the necessary easements, circulation, parking and
setbacks would be provided.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
Resolution No. 00-1737
Amended Conditional Use Permit No. 00-002
John & Melanie Hodges
March 7, 2000
Page2of9
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.
Architectural Review Findings:
1. The proposal is consistent with the "General Architectural Review Guidelines"
for the City of Arroyo Grande.
2. The proposal is consistent with the text and maps of the Arroyo Grande
General Plan, and the City of Arroyo Grande Development Code.
3. The proposal will not be detrimental to the health, safety, comfort and general
welfare of the persons residing or working in the neighborhood of the proposed
project.
4. The general appearance of the proposed building is consistent with the
character of the neighborhood because the size and design are consistent with
other buildings in the vicinity.
5.
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The proposal is not detrimental to the orderly and harmonious development of
the City.
The proposal will not impair the desirability of investment or occupation in the
neighborhood.
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Department of Fish and Game Required Findings of Exemption:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section
15063 of the Guidelines of the California Environmental Quality Act (CEQA),
for Amended Conditional Use Permit Case No. 00-002.
2. Based on the initial study, a Negative Declaration was prepared for public
review.
3. After holding a public hearing pursuant to State and City Codes, and
considering the record as a whole, the Planning Commission adopted the
negative declaration and found that there is no substantial evidence of any
significant adverse effect, either individually or cumulatively on wildlife
resources as defined by Section 711.2 of the Fish and Game Code or on the
habitat upon which the wildlife depends as a result of development of this
project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a
Notice of Determination, and approves Amended Conditional Use Permit Case No.
00-002, with the above findings and subject to the conditions as set forth in
Resolution No. 00-1737
Amended Conditional Use Permit No. 00-002
John & Melanie Hodges
March 7, 2000
Page 3 of 9
Attachment "A", attached hereto and incorporated herein by this reference.
On motion by Commissioner Costello, seconded by Commissioner London, and by
the following roll call vote, to wit:
AYES: Commissioners Costello, Keen, London, Vice-Chair Parker and Chair
Greene
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 7 day of March, 2000.
ATTEST:
Kathleen Fryer, Commissi Clerk
,�Q/��1�,.��c � �'y�� .
Laurence Greene, Chair
AS TO CONTENT:
Kerry McCa s
Commu Development Director
ATTACHMENT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT NO. 00-002
JOHN & MELANIE HODGES
789 VALLEY ROAD
COMMUNITY DEVELOPMENT DEPARTMENT
General Conditions
This approval authorizes 1) the conversion of four (4) hotel rooms located in a
detached cottage structure into one 1,500 square foot office, 2) construction of a
two-car garage attached to rear of the restaurant, and 3) the removal of a portion of
the main structure located between the Bed & Breakfast and the restaurant.
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 Amended
Conditional Use Permit Case No. 00-002.
3. This application shall automatically expire on March 7, 2002 unless a building
permit 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 on file at
the Community Development Department office.
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.
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Conditions of Approval; Attachment "A"
Amended Conditional Use Permit No. 00-002
John & Melanie Hodges
March 7, 2000
Page 5 of 9
Development Code
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7
Noise
Development shall conform to the General Commercial zoning requirements
except as otherwise approved.
Signage shall be subject to the requirements of Development Code Chapter 9-
13.
8. Construction shall be limited to between the hours of 7 a.m. and 10 p.m.
Monday through Friday and between 8 a.m. and 5 p.m. on Saturday or
Sunday.
Solid Waste
9. Trash enclosures shall be reserved exclusively for dumpster and recycling
container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc.,
will not be allowed within the enclosure.
Prior to issuing the certificate of occupancy:
10. All ducts, meters, air conditioning equipment and all other mechanical
equipment, whether on the ground, on the structure or elsewhere, shall be
screened from public view with materials architecturally compatible witli the
main structure.
11. Development shall comply with Development Code Sections 9-10.070,
"Fences, Walls � and Hedges"; 9-10.080, "Lighting"; 9-10.1 10, and
"Performance Standards".
POLICE DEPARTMENT
12. Prior to issuing the certificate of occupancy, the applicant shall install a
burglary alarm system per Police Department guidelines, and pay the Police
Department alarm permit application fee.
BUILDING AND FIRE DEPARTMENT
13. 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.
14. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
Conditions of Approval; Attachment "A"
Amended Conditional Use Permit No. 00-002
John & Melanie Hodges
March 7, 2000
Page 6 of 9
15.
16.
17.
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Prior to issuance of a certificate of occupancy, the applicant must provide an
approved "security key vault," per Building and Fire Department guidelines.
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Prior to separation of the Bed & Breakfast and the Restaurant, a demolition
permit must be applied for, approved and issued.
The project shall meet Americans with Disabilities Act and State accessibility
requirements.
18. Prior to issuance of a building permit, the Community Development Director
shall confirm that the architectural design of the garage matches the existing
architectural design of the restaurant building.
19. Prior to issuance of a building permit, the Community Development Director
shall confirm that the newly separated structures are repaired and restored to
their original, or similar, appearance.
PUBLIC WORKS DEPARTMENT
General Improvement Requirements
The following conditions apply continuously thought�xhe project:
20. Fees — The applicant shall pay all applicable City fees at the time they are
due.
21. Site Maintenance — The developer shall be responsible during construction
for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the
project site. The flushing of dirt or debris to storm drain or sanitary sewer
facilities shall not be permitted. The cleaning shall be done after each day's
work or as directed by the Director of P�iblic Works or the Community
Development Director.
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22. Public Works Improvements — All project improvements shall be designed and
constructed in accordance with City of Arroyo Grande standards and
specifications. The following improvement plans shall be prepared by a
registered Civil Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control. �
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b. Street paving, curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
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Conditions of Approval; Attachment "A"
Amended Conditional Use Permit No. 00-002
John & Melanie Hodges
March 7, 2000
Page7of9
23. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8'hx11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing fees.
24. Upon approval of the improvement plans, the applicant shall provide a
reproducible mylar set and 3 sets of prints of the improvements for
inspection purposes. Prior to acceptance of the improvements, the applicant
shall provide reproducible mylars, and 2 sets of prints of the approved record
drawings (as builts).
25. Prior to issuing the certificate of occupancy, existing water services and
sewer laterals severing the property which are not used by the project shall
be abandoned and capped at the main.
The following conditions must be complied with prior to the issuance of either a
grading or a building permit:
26. Certificate of Compliance — A Certificate of Compliance shall be recorded as
required by section 66412.6 of the Subdivision Map Act with all pertinent
conditions of approval satisfied.
27. Site plan - The site improvement plans shall include the following:
a
b.
c.
d.
e.
f.
9•
h.
The location and size of all water, sewer, and storm water facilities
within the project site and abutting streets or alleys.
The location and size of all sewer laterals.
The location, size and orientation of all trash enclosures.
All property boundaries, parcel lines and easements crossing the
property.
The location and dimension of all paved areas.
The location of all public or private utilities.
Plan and profile drawings of existing and proposed streets and utilities.
Retaining wall locations and details.
28. Encroachment permits - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
STREET IMPROVEMENTS
29. Curb, gutter and sidewalk - The applicant shall replace any driveway
approach and/or curb, gutter and sidewalk damaged during construction.
Conditions of Approval; Attachment "A"
Amended Conditional Use Permit No. 00-002
John & Melanie Hodges
March 7, 2000
Page 8 of 9
GRADING AND DRAINAGE
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31.
32.
Grading - All grading shall be done in accordance with the City Grading
Ordinance.
Adjacent structures - The grading plan design shall include measures to
protect the adjacent structures from damage due to the construction.
Off-site work — Written permission from property owners shall be obtained
for all off-site grading and construction.
WATER
33. Abandonments - Existing water services to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
WASTEWATER
34. Abandonments - Existing sewer laterals to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
35. Sewer crossings — All sewer mains or laterals crossing or parallel to public
water facilities shall be constructed in accordance with California State
Health Agency standards.
PUBLIC UTILITIES
36. New Utilities - All new public utilities shall be installed as underground
facilities.
37. Utility review — All improvement plans shall be submitted to the public utility
companies for review and comment. Utility comments shall be forwarded to
the Director of Public Works.
Conditions of Approval; Attachment "A"
Amended Conditional Use Permit No. 00-002
John & Melanie Hodges
March 7, 2000
Page 9 of 9
CERTIFICATE OF COMPLIANCE
38. Preliminary Title Report - A current preliminary title report shall be submitted
to the Director of Public Works prior to checking the Certificate of
Compliance.
39. Recordation — At the time of document recordation, copies of all recorded
documents shall be submitted to the City on either mylar sheets or 8%2" x
1 1" archival quality paper.
DEDICATIONS AND EASEMENTS
40. PUE- A Public Utility Easement (PUE) shall be dedicated a minimum 6' wide
adjacent to Valley Road. The PUE shall be wider where necessary for the
installation or maintenance of the public utility vaults, pads, or similar
facilities.
41. Street tree easements — Street tree planting and maintenance easements
shall be dedicated a minimum 10' beyond the right of way adjacent to Valley
Road.
42. Creek Easements — A 25-foot easement, as measured from the top the flood
control channel bank, shall be offered for dedication to the City along Newsom
Springs Creek for open space, flood control and/or green belt purposes per
Development Code Section 9-14.060. The existing structures within the
easement may remain. No new structures may be constructed within the
easement. A 60-foot wide easement over the flood control channel shall be
dedicated to the City.
43. Private easements — Private easements shall be reserved
acceptable to the City for a 25-foot emergency access
Instrument No. 1993-057383 recorded September 24,1993.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY:
44 Utilities — All utilities to serve project shall be operational.
on a document
easement per
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