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05-13-2019 Council Packet
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05-13-2019 Council Packet
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FILE # LA19-000019 <br />15 April 2019 <br />Page 3 of 5 <br /> <br />unsafe access; it is anticipated that the proposed guest house will not generate any <br />of these undesirable issues. <br />13) Designed to take into account the natural, scenic, and historic features of the area <br />and to minimize environmental impact; the proposed guest house has been <br />designed to conform to the architecture of the proposed residence on the property, <br />and will not have a negative environmental impact. <br />14) All exterior lighting shall be so directed so as not to cast glare toward or onto the <br />public right-of-way or neighboring residential uses or districts; Applicants are hereby <br />advised of this requirement; and <br />15) Not detrimental to the public health, public safety, or general welfare. Staff believes <br />this criterion is met. <br />A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, <br />a CUP shall remain in effect as long as the conditions imposed by the City Council are <br />observed, but nothing in this section shall prevent the city from enacting or amending official <br />controls to change the status of conditional uses. <br />Applicable Regulation: Interim Use Permit (Section 78-1726) <br /> <br />The Planning Commission may recommend and the Council may grant an Interim Use Permit <br />(IUP). On the basis of the application and the evidence submitted, the city council <br />determines that the use will comply with the following: <br /> <br />1) The use will meet the general performance standards in section 78-916 of this chapter; <br />the proposed grading will conform to the standards within Section 78-916 of the Zoning <br />Code. <br />2) The use is allowed as an interim use in the applicable zoning district; grading and export <br />of materials are permitted within the LR-1A zoning district; this statement is true. <br />3) The use will not delay anticipated development or redevelopment of the site; the <br />proposed grading activity will be conducted in conjunction with the development of the <br />new single family home on the property. This statement is true. <br />4) The use will not be in conflict with any provisions of the city code on an ongoing basis; <br />the proposed grading activity will not be in conflict with the Code. <br />5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or <br />other uses on the property where the use will be located; this standard requires that the <br />proposed grading and improvements must not substantially impair the use and enjoyment <br />of the properties in the area when compared to the impairment or impact of generally <br />permitted uses. The result of the proposed grading will not change the intended <br />residential use of the Property so there should be no change in the use and enjoyment of <br />adjacent properties resulting from the export of fill materials. However, activity of <br />exporting approximately 9,500 cubic yards of fill and active grading of the Property during <br />construction can have a temporary adverse impact on neighbors. The grading work on the <br />Property as well as the forthcoming construction of the proposed home could result in <br />additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. <br />To the degree possible, negative impacts should be limited and mitigated. <br />6) The use will not impose additional unreasonable costs on the public; the builder and <br />owner will be responsible for keeping debris off of the roadways. The noise resulting <br />from the trucks hauling and equipment moving the material in and around the site
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