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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 c: resdpeoplcs'\cup94-531 NI \Ik � � 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. e:reso\peoplcs'\cup94-531ki\Ik