PC R 96-1560RI�SOLU'rION NO. 96-1.5G0
A RESOLUT'I011T OF TI3� YLANNING COIVINIISSION OF
TI-IE CI'I'Y OT ARROYO GRANDE ADOPTING A
' NLGATIVE DrCLARATION, INS1'RUCTING THE
S�CRETARY TO FIL� A NOTICE. OT DEI'ERMINATION,
AND AI'PROVING CONDITIONAL US� Y�RIVIIT CASE NO.
94-531, AMENDM�NT #1, APPLI�D FOR BY PEOPL�S'
S�LF-�ICLP � CORPORATION AT 163 SOUTH
ELM STR�E1'
VVHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 94-531, Amendment #/1, filed by Peoples' Self-Help Housing
Corporation to relocate previously approved biiildings "F" and "C" in order to cnitigate potential
impacts lo an exisling Oak tree adjacent to building "F"; and
WI the Planning Commission has held a public hearing on these applications
in accordance willi City Code; and
WII�RL'AS, the Planning Commission has found that this project is consistent with the
General Plan and the Environmental documents associated therewith; and
W���REAS, the Planning Commission l�as reviewed the draft negative declaration under
the provisions of the California Environmental Quality Act (CEQA); and
WIII;REAS, the Planning Commission finds afler due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Pern�it Tindings:
l. The proposed use is permitted wittlin tlie subject district pursuant to tlie provisions of
Section 9-03.OSO of the Development Code, and complies with all applicable provisions
of the llevelopment Code, except as al�proved by Variance Case No. 96-197, the goals
and objectives of the Arroyo Grande General Plan, and ihe development policies and
standards of lhe City.
2. The proposed use will not impair lhe integrity and character or the district in which it
is to be established or located. �
3. The sile is suitable for the type and intensity of use or development that is proposed.
There is adequate parking on site for, the use and site drainage, setbacks and landscape
areas can be accommodated.
4, 'There are adequate provisions for water, sanitation, and public ulilities and services to
ensure the public health and safety.
5. The proposed use will not be detrimenlal to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity.
Depart.ment of rish and G�me Required Tindings: .
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
che Guidelines of the California Environmental Quality Act for Condilional Use Permit
Case No. 94-531, A mend men t N 1.
Resolut.io�a No. 9G-15G0
Conditional Use Pe�•u�it Case No. 94-531
Amendmeut #1 -
Peoples' Self I Cor4�oc•at.ion
June 4 , 1996
P�ge 2
2. Based on the initial study, a negative declaration was prepared for review by the puUlic
and review and approval by the Planning Commission.
3. After holditig a public hearing pursuant to State and City Codes, and considering the
record as a whole, tl�e Planning Cvmmission adopted the negative cleclaration and found
that there is no substantial evidence of any significant adverse effect, either individually
or on the habitat upon which the wi(dlife depends as a result of development of this
project.
NQW, TII�R�I�ORE, BE IT RI:SOLV�D that the Planning Commission of the City of
/�rroyo Grande I�ereby adopts a negative declaration, instructs t}�e secretary to file a Notice of
DeEermination, and approves Conditional Use Permit Case No. 94-531, Amendtnent #1, witli
the above findings and subject to the conditions as set forth in Attachment "A", attached hereto
and incvrporated herein l�y this reference.
On motion by Commissioner Tappan, seconded by Commissioner Deviny, and by the
following roll call vote, to wi�:
AYES: Commissioners Tappan, Deviny, Carr and ifeeh
NOFS: None •
ABSENT: Commissioners Lubin, Soto and I3eck
tlle foregoing Resolution was adopted tl�is 4tli day of June, 1996
ATTrST:
�.
L'ucil'� Breese, Com►nission leYk
AS TO CO
�
� Q�
Doreen Lib�
0
�
Jol een, Cl�a' erso�
lanck Community Development Director
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�
�
ATTACIIMENI' "A"
CONDITIONS OI+' APPROVAL
CONDITIONAL USE PERMIT CASE NO. 94-531, AMENDMENT �1
163 South EI►n Street
I'�OI'LCS' SrLF-II�LP IIOUSING CORPORATION
G�NERAL CONDITIONS
COMMUNITY ll�VEI,OPM�NT DCPARTML+'NT
This approval authorizes a change to previously approved locations of buildings "F" and "C"
in order to mitigate potential impacts to an existing Oak tree adjacent to building °r".
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 Variance Case No. 96-197,
Conditional Use Permit Case No. 94-531 and Associated Arcliitectural Review and
Variance Case No. 94-187.
3. 1'his applicalion shall automatically expire on June 4, 1998 unless a building permit is
issued. Tliirty (30) days prior to the expiralion of the approval, the applicant may apply
for an extension of one (1) year from the original date of expiration.
4. llevelopment shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeling of June 4, 1996 and marked "'Exhibit A".
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 employ�es beca�ise of the issuance of said
approval, or in anyway relaling 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 cosls and altorney's fee's which the City, its agents, officers
or employees may be required by a court to pay as a result of sucl� action. Tlie City
may, at its sole discretion, participate at its own expense in the defense of any such
action bul such participation shall not relieve applicant of his/her obligations under diis
condition.
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