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<br />Resolution No. PC-98-04 <br />Page 4 <br /> <br />EXHIBIT B <br />Conditions of Approval <br />Case UP-97-103 <br />1505 Elderberry Court <br />(January 28,1998) <br /> <br />I. The secondary unit shall be substantially as shown on the site plan, floor plan, elevations, <br />and written narrative, Exhibit "A", dated "Received" December 9, 1997, on file with the <br />Planning Department, except as modified by the following conditions. Minor changes to <br />the plans may be allowed subject to the approval of the Planning Director if found to be <br />in substantial conformance to the approved exhibits. <br /> <br />2. Only one residential unit on the subject property may be rented. The other unit shall be <br />owner-occupied. The resident owner shall be signatory to any lease for the secondary <br />unit. The secondary unit shall be occupied by no more than two adults, although there <br />shall be no limit on the number of children. The applicant shall prepare a deed restriction <br />to this effect and shall submit it to the City Attorney for review and approval prior to <br />recordation. The recordation shall be accomplished prior to occupancy of the cabana <br />building. <br /> <br />3. In no case shall the cabana/secondary unit be sold, subdivided, or held under different <br />legal ownership from the primary residence. The applicant shall prepare a deed <br />restriction to this effect and shall submit it to the City Attorney for review and approval <br />prior to recordation. The recordation shall be accomplished prior to the receipt of a final <br />occupancy certificate from the Building Department. <br /> <br />4. If the secondary unit is rented and/or used as permanent living quarters, one parking <br />space shall be made continuously available to the occupant(s) of the secondary unit for <br />parking. The parking space dedicated for use by occupants of the secondary unit shall be <br />one of the three garage parking spaces or on a paved section of the driveway which will <br />not interfere with other vehicles' access into or out of the garages or the driveway. In the <br />event that the occupant(s) of the secondary unit own and operate more than one auto, all <br />vehicles shall be accommodated on-site, but the parking areas for the secondary unit shall <br />not interfere with the two off-street parking spaces required by the Municipal Code for <br />the principal residence. <br /> <br />5. If the operation of the secondary unit results in conflicts pertaining to parking, traffic, <br />noise, or other impacts, at the discretion of the Planning Director, this use permit may be <br />submitted to the Planning Commission for subsequent review at a public hearing. If <br />necessary, the Commission may modify or add conditions of approval to mitigate such <br />impacts, or may revoke said use permit. <br />