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PC R 91-1355:14 4 RESOLUTION NO. 91-1355 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 91-491, TO ALLOW FOR RETAIL SALES OF KOI AND POND SUPPLIES, APPLIED FOR BY JOSEPH AND CAERIE WAIS AT 1167 GRAND AVENUE, AND ADOPTING A NEGATIVE DECLARATION AND INSTRUCTING THE SECRETARY TO FII.E A NOTICE OF DETERIVIINATION. WHEREAS, the Planning Commission of the City of Anoyo Grande has considered an application for retail sales of koe and pond supplies, applied for by 7oseph and Cherie Wais at 1167 Grand Avenue in the GC General Commercial Zone; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act and has determined that a negative declaration can be adopted and instructs the Secretary to file a Notice of Determination; 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 Anoyo Grande General Plan, and the development policies and standards of the City. 2. 3. 4. 5. The proposed use will not impair the integrity and character or the district in which it is to be established or located. The site is suitable for the type and intensity of use or development that is proposed. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. Department of Fish and Game Required Findings of Exemption 1. The City of Anoyo 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. 90-491. 2. Based on the initial study, a negative declaration 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, BE IT RESOLVED that the Planning Commission of the City of Anoyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a Notice of Determination and approves said Conditional Use Permit, subject to the following conditions: Resolution No. 91-1355 December 3, 1991 Page 2 i General Conditions 1. The applicant shall ascertain and comply with all State, County and Ciry requirements as are applicable to this project. 2. This application sha11 automatically expire on December 3, 1993 unless the use permit is used. 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 expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 3, 1991 and marked "Exhibit A" . 4. 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, 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. 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 monitorerl by the appropriate City department or other responsible agency. The applicant shall be responsible for verification in wridng by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures 6. Prior to issuance of a business license, the existing house shall be retrofitted with 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. Monitoring Department: Building Department Time �ame: Prior to issuance of a Business License 7. Prior to any modifications or improvements to the existing landscaping, a landscape plan utilizing drought tolerant plants and water conserving irrigation systems shall be reviewed and approved by the Director of Parks and Recreation. Monitoring Department: Parks and Recreation Time �rame: Prior to any modifications or improvements to the existing landscaping. 8. Prior to issuance of a business license, all outside tanks shall be located to allow overflows to drain to the exisdng detention basin in the back yard. Monitoring Department: Building Department Time Frame: Prior to issuance of a business license 9. Prior to issuance of a business license, the applicant shall submit, for the review and approval of the County Health Department, a plan for substantially eliminating potential mosquito breeding habitats (outside plant and fish tanks.) Such plans shall be implemented 24 hours per day during the life of the permitted use. 14� Monitoring Department: County Health Department Time �ame: Prior to issuance of a business license and ongoing. 14� Resolution No. 91-1355 December 3, 1991 Page 3 10. Open fish tanks shall be covered and secured after normal business hours in �. manner to preclude domestic animal intrusions. Monitoring Departrnent: Planning Department Time Frame: Ongoing after business hours. 11. Prior to issuance of a business license, a lighdng plan shall be submitted for the revie����� and approval of the Planning and Police departments. The lighting plan shall provide security for the rear of the building and shall confine all lighting to the project site. Monitoring Department: Planning and Police Departments Time Frame: Prior to issuance of a business license. Planning Department Conditions 12. Development shall conform with the GC zoning requirements unless otherwise approved. 13. Signage shall be subject to the requirements of Section 9-4.2407 of the Zoning Ordinance. Building Department Conditions 14. Prior to issuance of a business license, the applicant shall apply for necessary electrical permits to operate the exterior pond pumps. On motion by Commissioner Carr, seconded by Commissioner Souza, and by the following roll call vote, to wit: AyES; Commissioners Boggess, Souza, Moore, Groves, Carr and Chairman Brandy NOFS: None ABSENT: Commissioner Soto the foregoing Resolution was adopted this 3rd day of December, 1991. ATTEST: �p %- hinney, S re Dre Brandy, Chair �