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PC R 08-2052RESOLUTION NO. 08-2052 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 07-012 (PLOT PLAN REVIEW CASE NO. 07-016); LOCATED AT 1320 EAST GRAND AVENUE; APPLIED FOR BY DON CARRICK/O.UALITY ENGINEERING (ENGRAVING); WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 07-012 (Plot Plan Review Case No. 07-016), filed by Quality Engineering (Engraving) to conditionally permit a Pet Tag Identification Engraving and Mail Order Retailing Use similar to Printing and Publishing to be located at 1320 E. Grand Avenue. WHEREAS, the Planning Commission held a public hearing on January 15, 2008 to consider Conditional Use Permit No. 07-012 (Plot Plan Review Case No. 07-016) proposing to establish a pet tag identification engraving and mail order retailing operation within the existing fenced yard and buildings located at 1320 E. Grand Avenue, and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan; and WHEREAS, the Planning Commission has considered the staff report and description of the proposed use and determined it is similar to the characteristics of Printing and Publishing which is a Conditionally Permitted Use within the Gateway Mixed Use (GMU) District according to Table 16.36.030(A) of the Municipal Code, and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that it is categorically exempt pursuant to Section 15303 of the CEQA guidelines, and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing the following circumstances and facts exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is similar to Printing and Publishing which is conditionally allowed in the GMU zoning district, and the characteristics of the proposed use complies with the goals and objectives of the General Plan and development policies and standards of the City considering the unique location and existing conditions of the subject property. . The proposed use is an indoor processing and sales use involving very limited retail traffic and no special loading or outdoor storage or activities other than employee parking. . There are no toxic materials, nighttime operations nor obnoxious noise, odor, vibration or other adverse impacts associated with the proposed use (some daytime noises during operation would be similar to existing adjacent printing equipment or normal traffic noise on E. Grand Avenue). RESOLUTION NO. 08-2052 CONDITIONAL USE PERMIT NO. 07-012 (PPR 06-016) JANUARY 15, 2008 PAG E 2 of 4 2 3 � �� The proposed use would not impair the integrity and character of the district in which it is to be established. . The nonconforming existing property and buildings on a flag lot behind retail office and services uses, fronting on E. Grand Avenue, is not suitable for any pedestrian oriented retail or office uses; residential uses would require redevelopment and involve shared access and parking behind the existing retail, office and service uses that front E. Grand Avenue. . The adjoining existing residential uses in the GMU and SFR districts are separate and front on Fair View Street. The site is suitable for the type and intensity of use proposed. . The unique location, configuration and existing buildings are suitable for mail order retailing and office and the clean light processing proposed, similar in character, type and intensity as the adjoining printing and publishing business, but with less pedestrian or vehicle traffic generation. . The proposed use does not involve night or weekend operations nor outdoor activity other than employee parking. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. . The use is low intensity weekday operation involving approximately five people, an occupancy similar to small office, retail, and residential uses in the vicinity. . Existing services and utilities are adequate. The proposed use will not be detrimental to the public health, safety of welfare or materially injurious to the properties or people living or working in the vicinity. . There are no apparent detrimental impacts associated with the existing printing and publishing use, which is similar in character to the proposed use. . There are no night-time loading nor outdoor activities, which produced problems from inappropriate prior use, adjoining the separate residential uses within the GMU and SFR on properties fronting Fair View Street. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 07-012 (Plot Plan Review Case No. 07-016), with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Barneich, seconded by Chair Ray, and by the following roll call vote, to wit: AYES: Commissioners Barneich, Ray, Keen and Tait NOES: None ABSENT: Commissioner Marshall the foregoing Resolution was adopted this 15 day of January 2008. RESOLUTION NO. 08-2052 CONDITIONAL USE PERMIT NO. 07-012 (PPR 06-016) JANUARY 15, 2008 PAGE 3 of 4 ATTEST: ,� ���� - . �� LYN EARDON-SMITH, CHAIR RAY SECRETARY TO THE COMMISSION AS TO CONTENT: � - ROB TRONG, COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 08-2052 CONDITIONAL USE PERMIT NO. 07-012 (PPR 06-016) JANUARY 15, 2008 PAG E 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 07-012 Boomerang Pet Identification Tag Engraving 1320 East Grand Avenue •►,►, ► � •-►� ► � •_: ►� . ► :: •►� •► This approval authorizes establishment of the proposed mail order retailing, office and engraving processing use to be operated weekdays 7:00 a.m. to 3:00 p.m. within the existing fenced area and buildings and subject to the following conditions of approval: . The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with plans and application proposal and all conditions of approval for Conditional Use Permit Case No. 07-012. 3. All modifications of any interior or exterior electric, plumbing, mechanical or structural improvements shall be done with plans and permits approved by the City Building and Fire Department. No signs, grading, drainage or pavement changes are proposed, but if required will involve separate permits approved by Community Development or Public Works Departments. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, 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.