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PC R 95-15251Z�SOLU'I'ION NO. 95-152� A RESOLUTION OF T�iE PLANNING COIVIMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGAT'IVE DECLARATION, INSTRUCTING TI�E S�CR�TARY TO FILE A NOTICE OF DET�RMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 94-530, TOR A GOODWILL DONOR TRAILER AT 1164 GRAND AVENUE, APPLI�D FOR BY GOODWILL INDUST'RIES WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 94-530, filed by Goodwill Industries, for a donor trailer, in the General Commercial Zone; and WI��REAS, the Planning Commission t�as held a public hearing on this application in accordance with the City Code; and WHEREAS, tl�e Planning Commission has found tl�at this project is consistent with the General Plan and the Environ��ental documents associated therewitli; and WHEREA5, tt�e Planning Commission has reviewed tliis project in compliance with the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed use is permitted witl�in the subject district pursuant to tl�e provisions of Section 9-03.050 of tlle Development Code, and co►nplies witl� all applicable provisions of tl�e De�elopment Cocle, ti�e goals and objectives of ll�e Arroyo Grande General Plan, and the development policies and standards of tlie City. 2. Tt�e proposed use will not impair tl�e integrity and cl�aracter.of tl�e district in wl�ich it is to be located because it is a low intensity use, and as a condition of approval, an annual review will allow correction of any problems tliat may develop. � 3. Tl�e site is suitable for tl�e type and intensity of use or developrnent tllat is proposed because adequate setbacks are provided from adjacent uses and adequate access exists. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure tl�e public health and safety. 5. The proposed use will not be detrimental to the public healtl�, safety, or welfare, or materially injurious to properties and improveme�ts in the vicinity. Depai-tment of rish aiid G�me Required Findings of Exem�tioii 1. The City of Arroyo Grande l�as prepared an �initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (C.EQA), for Conditional Use Permit Case No. 94-530. ' Resolution No. 95-1525 Conditional Use Pec•u�it Case No. 94-530 Good�vill Industries August 1, 1995 Page Two 2. Based on tl�e initial study, a negative declaration drafted for review by tlie public and review and approval by tl�e Planning Commission. 3. , After holding a public hearing pursuant to State and City Codes, anil considering the record as a w}�ole tl�e Planning Commission adopted the negative declaration and found that t}�ere 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 t1�e l�abitat upon which t(�e wildlife depends as a result of developrnent of this project. NOW, THEREFORE, B� I1' RESOLVED that the Planning Commission of the City of Arroyo Grande l�ereby adopts a negative declaration, instructs t}�e secretary to file a Notice of Determination; and approves said conditional use permit, subject to the standard conditions of the City and those conditions listed below: General Conditions 1. Tf�e applicant sliall ascertain and comply with all State, County and City requirements as are applicable to tl�is project. ' 2. Development shall occur in substantial coiifo'rinance with the plans presented to the Planning Cornmission at the meeting of August l, 1995 and marked "Exhibit A". 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in tlie alternative, to relinquisl� such approval. Tl�e 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 sucli action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but sucil participation shall not relieve applicant of l�is/lier obligations under this condition. 4. This Conditional Use Permit shall be reviewed annually as a non-public hearing at the first Planning Commission meeting in August, unless a longer review period is approved by the Planning Commission. Additionally, it shall be reviewed with any applications suUsequently submitted on the site. At any of these reviews, if the Planning Commission determines tl�at paving, parking or additional facilities are required on tlie site due to the project, the applicant shall be responsible for meeting the requirements imposed by the Planning Commission or the conditional use permit becomes invalid and the use ceases operation. 5. The length of the trailer shall not exceed 22 feet. The widt}� shall not exceed eight feet. Resolution No. 95-1525 Conditional Use Permit Case No. 94-530 Good�vill Industries August 1, 1995 Page Tliree Planning Depai�tnient Conditions 6. Developcnent shall conform with the GC zoning requirements, unless otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 9-13 and will be reviewed on an annual basis for on and off-site signs. ' Building �nd Fire Departmeut Conditions 8. There shall be no outside storage of materials. � 10. 11. Fire extinguishers shall be provided to Fire Department specifications (minimum 2A lOBC). T}ie trailer shall be licensed and mobile. No services or utilities sl�all be connected to the trailer. Police Depat-tmeiit Conditioiis 12. The trailer sl�all close no later than dusk as determined by tl�e Police Chief or his designated representative. On motion of Commissior�er Tappan, seconded by Commissioner Lubin, and on the following roll call vote, to wit: � AYES: Commissioners Tappan, Soto, Carr, Lubin and Keen NOES: None ABSENT: Commissioners Deviny and Beck the foregoing Resolution was passed and adopted this lst day of August, 1995. ATTEST: � Nancy�o , Commi� on ��� JQ � een, Ch ' erson v PPROV�D AS TO CONTENT: r�u� �a - IC� Doreen L erto-Blanck, Planning Director � �