R 3449
RESOLUTION NO. 3449
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF
ARROYO GRANDE TO APPROVE CONDITIONAL USE
PERMIT NO. 99-014, APPLIED FOR BY L.C. LA VINE,
lOCATED AT 137 TAll Y HO ROAD
WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional
Use Permit 99-014, filed by L.C. La Vine, to convert a 627 square foot single-family
residence to a second residential dwelling unit; and
WHEREAS, the City Council has held a public hearing on this application in
accordance with City Code; and
WHEREAS, the City Council has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that the project is
categorically exempt pursuant to Section 15303 of the CEQA Guidelines; and
WHEREAS, the City Council denied the appeal of the Planning Commission's denial of
Conditional Use Permit No. 99-014 on January 25, 2000; and
WHEREAS, the applicant amended the project application to address parking
requirements of the project; and
WHEREAS, THE City Council has carefully reviewed and considered the information
and testimony presented at the public hearing, the staff reports and other information
and documentation that are part of the public report for this amended application; and
WHEREAS, after due study, deliberation, and public hearing, the City Council makes
the following findings of fact:
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject 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.
The amended application includes a detached 207 square foot carport
immediately adjacent to the second residential unit. With the inclusion
of a carport, the amended project adequately satisfies the parking
requirements for second residential units in the Development Code for
one covered and one uncovered parking space.
2. The proposed use will not impair the integrity and character of the district in
which it is to be established or located.
RESOLUTION NO. 3449
PAGE 2
3. The site is suitable for the type and intensity of use or development that is
proposed.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
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.
NOW, THEREFORE, BE IT RESOLVED that, based on all available evidence presented,
the City Council of the City of Arroyo Grande hereby approves Conditional Use Permit
99-01 4 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 of Council Member Runels, seconded by Council Member Tolley, and on
the following roll call vote to wit:
AYES: Council Members Runels, Tolley and Dickens
NOES: Mayor Pro Tem Ferrara
ABSENT: Mayor Lady
The foregoing Resolution was passed and adopted this 13th day of June, 2000.
RESOLUTION. NO. 3449
PAGE 3
ATTEST:
APPROVED AS TO CONTENT:
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 99-014
APPLICANT; L.C. LA VINE
137 TALLY HO ROAD
COMMUNITY DEVELOPMENT DEPARTMENT
General Conditions
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. 99-014.
3. This application shall automatically expire on June 13, 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 presented
to the Planning Commission at the meeting of June 13, 2000 and marked
"Attachment 2".
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.
6. Development shall conform to Residential Rural (RR) zoning requirements
except as otherwise approved.
7. 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.
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BUILDING & FIRE DEPARTMENT
Standard Conditions
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.
9. Prior to issuance of a grading permit or building permit, whichever occurs first,
applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable
conditions.
10. "No Parking" striping shall be painted on the pavement fifteen (15) feet in
either direction from the fire hydrant.
Fees to be Paid Prior to Issuance of a Buildina Permit
11. 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.
12. 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.
13. Water Service charge to be based on codes and rates in effect at the time of
building permit issuance, in accordance wi'th Municipal Code 6-7.22.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. The applicant shall dismiss with prejudice Sari Luis Obispo County Superior
Court Case No. CV000062 within thirty (30) days of this approval.
RESOLUTION NO. 3449
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that ResOlution No. 3449 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of'
the City Council of the City of Arroyo Grande on the 13th day of June, 2000.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th
day of June, 2000.
kl.OM-
E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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