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PC R 94-1469IZ�SOLU'I'ION NO. 94-1469 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 94-519, AT 1355 GRAND AVENUE; APPLIED FOR BY ZRB TRUST; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 94-519, filed by ZRB Trust, for conversion of a 1072 square foot residence to an office in the General Commercial District; and WHEREAS, tt�e Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission has found that tl�is project is consistent with the General Plan and the Environmental documents associated therewith; and W���REAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that a Negative Declaration with Mitigation Measures can be adopted; 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 Section 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. The project site is within tl�e General Commercial district which allows professional offices subject to issuance of a CUP. 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 tl�e type and intensity of use or development tliat is proposed. Adequate parking and setbacks can be provided for the use. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 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. Resolution No. 94-14G9 Conditional Use Per�t�it Case No. 94-519 ZRB Trust May 3, 1994 Page Two Department of Fisli and Ga�ne Required Findings of Exemption 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 94-519. 2. Based on the initial study, a negative declaration has been 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 wl�ich tl�e wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLV�D that the Planning Commission of the City of Arroyo Grande hereby adopts a Negative Declaration witl� Mitigation Measures, instructs the 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: CONDITIONS OF APPROVAL General Conditions 1. The applicant sf�all ascertain and comply with all State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on May 3, 1996 unless a business license is issued or the building is legally occupied by an office use. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year frorn the original date of expiration. 3. Development sf�all occur in substantial conformance with the plans presented to the Planning Commission at t}ie meeting of May 3, 1994 and marked "Exhibit A". 4. The applicant sl�all 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 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 participation shall not relieve applicant of his/her obligations under this condition. Resolution No. 94-1469 Conditional Use Permit Case No. 94-519 ZRB Trust May 3, 1994 Page Three 5. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and etcetera. All fixtures and designs shall be installerl prior to final occupancy. 6. A negative declaration with mitigation measures has been adopted for this project. The following mitigations shall be implemented as conditions of approval and shall be monitored by the appropriate City department or other responsible agency. The applicant sh�il be responsible for verification in wi•iting by tlie rnonitoc•ing departmeut or agency that il�e mitigation measures have been implemented. Mitigation Measures 7. Prior to final inspection and/or issuance of a certificate of occupancy, the applicant shall pay a transportation facility impact fee of Six Hundred, Fifteen Dollars and Seventy Two Cents ($615.72). Responsible Agency: Building and Planning Departments Time Frame: Prior to final inspection and/or issuance of a Certificate of Occupancy Planning Department Conditions 8. Development shall conform with the GC zoning requirements unless otherwise approved. 9. Signage shall be subject to the requirements of Development Code Chapter 9-13. 10. Prior to occupancy of the site, all improvements shown on Exhibit A shall be constructed as shown on Exhibit A, unless expressly ►nodified by conditions herein. � . 11. The trash enclosure shall be constructed pursuant to Development Code Section 9- 10.120C. This Section requires masonry enclosure walls, treated to be architecturally compatible with the main building. 12. Prior to occupancy of the site, the applicant shall provide an exterior lighting plan for . the parking lot � subject to the review and approval of the Planning • and Police Departments which plan shall include the following: a. Cut-off luminaries shall be installed which will provide true 90 degree cut- off and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. b. All fixtures shall use a flat, clear lens, energy-efficient light source. c. All project ligl�ting shall be confined to tl�e project site. � Resolution No. 94-1469 Conditional Use Permit Case No. 94-519 ZRB Trust May 3, 1994 Page Four The required lights shall be installed prior to occupancy of the site. 13. Concrete curbs or alternative approved by tlie Director of Parks and Recreation shall be provided between the new parking areas and landscaping as part of the parking lot improvements. � 14. 15. 16. The existing parking spaces in front of the building shall be replaced with landscaping. A 24 foot back-out area shall be provided for the handicapped parking space. Two additional parking spaces shall be provided in the parking lot to meet parking requirements. Public Works Department Comments 17. Prior to issuance of a Certificate of Occupancy for the proposed ofFce, the existing driveway approach shall be removed and replaced with a City standazd approach and curb, gutter and sidewalk. 18. Prior to issuance of a Certificate of Occupancy for the proposed office, a swale shall be graded behind the proposed parking lot to pond drainage water. Building Department Conditions 19. Building Permits shall be obtained for the interior remodel. 20. 21. 22. Prior to construction of tl�e parking lot, tl�e existing on-site well shall be abandoned to County Health Department standards. Prior to occupancy, the existing building must be made to comply with Title 24 of the California Code of Regulations and other code requirements based on building occupancy. Drainage fees shall be paid prior to the start of any construction. I�'ire Dep�rt.ment Conditions 23. Prior to issuance of a Certificate of Occupancy for the property, a Fire Department approved key vault shall be installed on the building. 24. The driveway shall be designated as a fire lane with signs approved by tlie Police Department. 25. Tl�e applicant shall remove any non-cvnforming structures, i.e. tlie old trailer that is under tlie Rubber tree, prior to issuance of a Certificate of Occupancy for the proposed office. Resolution No. 94-1469 Conditional Use Permit Case No. 94-519 ZRB Trust May 3, 1994 Page Five Parks and Recreation Department Conditions 26. A landscape and irrigation plan, prepared by a licensed landscape architect shall be prepared and submitted to the Director of Parks and Recreation for review and approval prior to issuance of building permits. 27. r: 29. Substitute 2-five gallon shrubs for the Jacaranda trees. The five gallon Carrotwood tree should be replaced with a 15 gallon tree. Queen Palm to be located in free-standing planter. On motion of Commissioner Soto, seconded by Commissioner Deviny, and on the following roll call vote, to wit: AYFS: Commissioners Soto, Reilly, Deviny, Hatchett and Chairman Carr NOTS: None ABSENT: Commissioners Tappan and Keen the foregoing Resolution was passed and adopted this 3rd day of May, 1994. ATTEST: Nancy Brown, Co mission Clerk Robert W. Carr, Chairman