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PC R 97-1611RFSOLUTION NO. 97-1611 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FII.E A NOT'ICE OF DETERIVIINATION, AND AP.PROVING CONDITIONAL USE PERMIT CASE NO. 93-508 AMENDMENI' #2, APPLIED FOR BY ROBERT BARRON TO OPERATE AN AUTOMOTIVE DETAII.ING BUSINESS WITHIN AN EXISTING SELF-SERVICE CAR WASH BAY AT 1203 GRAND AVENUE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 93-508 Amendment #2, filed by Robert Barron to operate an automotive detailing business within an existing self-service car wash bay; and WHEREAS, the Planning Commission held a public hearing on this application on April 1, 1997 in accordance with City Code; and WHEREAS, the Planning Commission previously approved Conditional Use Permit 93-508 on July 20, 1993, by adopting Resolution 93-1424, which allowed for the construction and operation of a five bay self-serve car wash; and WI�EREAS, the Planning Commission also approved Variance 93-175 related to Conditional Use Permit 93-508; and WHEREAS, the Planning Commission previously approved Conditional Use Permit 93-508 Amendment #1 on December 7, 1993, by adopting Resolution 93-1448, which amended Condition No. 16 of Resolution 93-1424; 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 the draft negative declaration for this project in compliance with the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district� pursuant to the provisions of Sections 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 or the district in which it is to be established or located. 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. Resolution No. 97-1611 Conditional Use Permit Case No. 93-508 Amendment #2 Robert Barron April 1, 1997 : Page 2 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. Department of Fish and Game Required Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Conditional Use Permit Case No. 93=508 Amendment #2. � 2. Based on the initial study, a negative declaration was prepared for review by the public and review and approval by the Planning Commission. 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 on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RFSOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a�egative declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 93-508 Amendment #2, with the above findings and subject to the conditions set forth in Attachment "A", attached hereto and incorporated herein by this reference. � On motion by Commissioner O'Donnell, seconded by Commissioner Greene, and by the following roll call vote to wit: AYES: Commissioners O'Donnell, Greene, Rondeau and Lubin NOFS: Commissioner Haney ABSENT: None the foregoing Resolution was passed and adopted this lst day of April, 1997. ATTEST: cau iv a..vl� i+:+i� i. �, Doreen Lib�to-Blanck, Community Development Director ATTAC�IlViENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 93=508 AMENDMENT #2 Robert Barron 1203 Grand Avenue GENERAL CONDITIONS COMMiJNITY DEVELOPMENT DEPARTMENT This approval authorizes automotive detailing within an existing car wash bay at 1203 Grand Avenue, as depicted on Exhibit "A" . 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on April 1, 1999 unless the operation is established. 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. 3. Development shall occur in substantial conformance with the plans presented �to the Planning Commission at the meeting of April 1, 1997 and marked Exhibit "A". 4. 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 implementarion 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 participadon shall not relieve applicant of his/her obligations under this condition. SPECIAL CONDITIONS 5. All detailing work shall be performed within the self-service car wash bay. 6. All conditions of approval contained within Resolution 93-1424 and 93-1448 shall remain in full force and effect (reference Attachment "B" and "C", respectively.