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PC R 94-1488RESOLUTION NO. 94-1488 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CA5E NO. 94-525, AT 106 WEST BRANCH STR�ET; APPLIED FOR BY DUANE ASHTON AND DON CHRISTIANSON; ADOPTIION OF A NEGATIVE DECLARAT'ION AND INSTRUCTION THAT THE S�CR�TARY FILE A NOTICE OI+ DET�RMINATION WHEREAS, tlie Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 94-525, filed by Duane Ashton and Don Cl�ristianson, for conversion of 2266 square foot of storage area in an existing building to retail lease space in the Village Commercial District; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental documents associated tlierewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and lias determined tt�at a Negative Declaration can be adopted; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, tl�e following circumstances exist: Conditional Use Permit Tindii�gs: 1. The proposed use is permitted witl�in the subject district pursuant to tl�e provisions of Section 9-03.050 of the Development Code, and complies witli all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and ttie development policies and standards of the City. 2. The proposeci 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 ll�e type and intensity of use or development that is proposed. 4. There are adequate provisions for water, sanitation, and public utilities and services lo ensure the public healtl� and safety. 5. The proposed� use will not be detri►nental to tl�e public l�ealth, safety, or welfare, or materially injurious to properties and improvecnents in tlie vicinity. 6. The parking study indicates that the proposed uses have differing hours of operation and that, due to tliese differing hours, adequate parking will be provided at all times for tlie uses. Resolution No. 94-1488 Conditional Use Perrnit Case No. 94-525 Duane Ashton/Don Christi�nson November 1, �994 Page Two Depart.ment of Fish and Game Required Findings of Exemption 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 vf the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 94-525. 2. Based on tlie initial study, a negative declaration was drafted 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 cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, B� IT RI�'SOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a Negative Declaration, instructs tl�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. The applicant shall ascertain and comply witt� all State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on November 1, 1996 unless a building permit is issued. 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 expi.ration. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of Novernber 1, 1994 and marked "Exl�ibit A". 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or e►nployees because of tlie issuance of said approval, or in tl�e alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or e►nployees, fvr any court costs and attorney's fee's which the City, its agents, offtcers 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 participalion shall not zelieve applicant of his/her obligations under this condition. 5. The applicant shall pay Transportation Facilities Development Impact Fees pursuant to Ordinance 461 C.S.. � Resolution No. 94-1488 Conditional Use Permit Case No. 94-525 Duane Ashton/Don Christiaiison November 1, 1994 � Page Three Planning Department Conditions 6. Development shall conform with tl�e VC-ll-2.4 zoning requirements unless otherwise approved. 7 �� . Signage shall be subject to the requirements of Chapter 9-13 of the Develop►nent Code. Prior to issuance of a Certificate of Occupancy, the parking lot shall be striped as st�own on Exhibit A and in accordance with Chapter 9-12 of the Development Code. 9. An amendment to tl�is Conditional Use Per►nit (CUP) shall be filed for any change of use or occupancy of the building that alters operational hours or parking requirements. A revised parking study shall be filed with the amendment to the CUP so that the City may assess the impact tl�at the cl�ange will have on parking facilities. Buildiug Department Conditions 10. The project shall be evaluated using the most recent edition of the Uniform Building Code in the areas of heat, light, ventilation, electrical, and restrooms. Deficiencies shall be corrected prior to issuance of a Certificate of Occupancy. Fire Department Conditions 11. The project sl�all comply witl� tt�e most recent edition of the California Fire and Building Codes. Public Works Dep�rtrnent Conditions 12. Any broken curb, gutter or sidewalk shall be replaced to Caltrans standards prior to issuance of a Certificate of Occupancy. On motion of Commissioner Carr, seconded by Commissioner Soto, and on the following roll call vote, to wit: AI'�: Commissioners Tappan, Soto, Carr, Hatchett and Chairperson Keen NOES: None ' ABSENT: Commissioner Deviny the foregoing Resolution was passed and adopted t1�is lst day of November, 1994. ATTEST: � Q �I'�G l�Z�ct � Nancy Bro�, Commission Clerk J�n Keen, C airperson