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.
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Monitoring Department: County Health Department
Time �ame: Prior to issuance of a business license and ongoing.
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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
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