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PC R 92-1379�04 RESOLUTION tVO. 92-1379 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIUNAL USE PEI�IVIIT CASE NO. 92-503 TO CHANGE THE USE OF AN EXISTING COMMERCIAL BUILDING, AT 145 BRIDGE STREET APPLIED TOR BY RALPI3 AND J�AN �3USH; ADOPTING A NEGATIV� DECLARATION AND INSTRUCTING THE SECl2ETARY TO FILE A NOTIC� OF D�T�RMINATIUN. WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional LTse Permit Case No. 92-503, filed by Ralph and Jean Bush, to change the use of an existing commercial building from a warehouse to retail commercial uses and storage; and WHEREAS, the Planning Commission has held a public hearing on August 18, 1992 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 WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that a Negative Declaration can be adopted, and instructs the Secretary to file a Notice of Determination; and WHERFAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Condition�tl Use Permit 1. The proposed use is permitted within the subject district pursuant to the provisions of Section 9-03.050 and complies with all the applicable provisions of this ordinance, 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 of the district in which it is located because the proposed use is allowed in the Village Commercial District. 3. The site is suitable for the type and intensity of proposed use because adequate parking is provided. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. 5. The proposed use will not be detrimental to the public ]lealth, safety, or welfare, or materially injurious to property and improvements in the vicinity. Department of Fish and Game Rec�uired 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. 92-503. 2. Based on the 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. Resolution No. 92-92-1379 Conditional Use Permit Case No. 92-503 R�lph and Jean Bush August 18, 1992 � � Page Two � NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said conditional use permit, subject to the above findings and standard conditions of the City and those listed below: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 18, 1992 and marked "Exhibit A". 3. The applicant shall 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, parficipate at its own expense in the defense of any action but such participation shall not relieve the applicant of his/her obligations under this condition. 4. 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 installed prior to occupancy. 5. 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�ll be responsible for verific�tion in writing by the monitoring department or agency that the mitigation me�sures have been implemented. � Planning Depai�t.ment Conditions 6. Development shall conform with the VC-D-2.4 zoning requirements unless otherwise approved. 7. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. 8. Use of this building shall be limited to the existing office with the remainder of the building being used for storage. Conversion of the entire structure to office or retail uses shall require that an amended Conditional Use Permit application to be filed. Public Works Dep�rtment Conditions 9. Prior to issuance of a certificate of occupancy or a business license, the aPplicant shall replace the southerly half of the southerly driveway for the project. Fire Depai�tment Conditions 10. At such a time as a request is made for construction of any new structure within 20 feet of the proposed office and storage area, whether on the property or on an adjacent property, the owner of the oftice and storage area shall be required to reconstruct tile garage to meet fire separation requirements. Any exterior modifications to the building shall be subject to architectural review pursuant to the city codes in effect at that time. 2�5 206 Resolution No. 92-1379 Couditional Use Permit C�se No. 92-503 Ralpli and Jean Bush August 18, 1992 P�ge Three On motion of Commissioner Tappan, seconded by Commissioner Souza, and on the following roll call vote, to wit: AYES: Commissioners Tappan, Souza, Moore and Acting Chairman Soto NOES: None � ABSENT: Commissioner Carr and Chairman Brandy the foregoing Resolution was passed and adopted this 18th day of August, 1992. ATT�ST: �u � � " ����� Mona L. Prelesnik, Commission Clerk John �ot ctin hairman �