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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. � 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. _J 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. � I �� Conditions of Approval; Attachment "A" Amended Conditional Use Permit No. 00-002 John & Melanie Hodges March 7, 2000 Page 5 of 9 Development Code � 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. � Prior to issuance of a certificate of occupancy, the applicant must provide an approved "security key vault," per Building and Fire Department guidelines. > 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. a 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. � C b. Street paving, curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. � � 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 ��l 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 V � 'I�