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PC R 05-1962RESOLUTION NO. 05-1962 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 05-002; LOCATED AT 118 NORTH MASON STREET; APPLIED FOR BY KRISTIANE SCHMIDT WHEREAS, the applicant has filed Conditional Use Permit 05-002 to convert an existing office building at 118 North Mason Street to a veterinary use; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 05-002 at a public hearing on April 19, 2005 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has determined that the project is categorically exempt under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings can be made in an affirmative manner: 1. The proposed use is permitted within the Village Mixed-Use (VMU) district pursuant to Section 16.16.050 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. � 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is similar to surrounding uses. 3. The site is suitable for proposed because all the would be provided. he type and intensity of use or development that is necessary easements, circulation, parking and setbacks 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 because the proposed project would not create adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 05-002, 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 Tait, seconded by Commissioner Keen, and by the following roll call vote, to wit: RESOLUTION NO. 05-1962 CUP 05-002 PAGE 2 AYES: Commissioners Tait, Keen, Parker and Chair Brown NOES: Commissioner Fellows ABSENT: None the foregoing Resolution was adopted this 19 day of April, 2005. ATTEST: L N REARDON-SMITH, TIM BR WN, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: MENT DIRECTOR I �_ RESOLUTION NO. 05-1962 CUP 05-002 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-002 118 NORTH MASON STREET L �►iii ► � � •-►� ► � �_: ►� ► � ► C: •►� •► This approval authorizes the building at 118 North Mason Street to be used as a veterinary clinic, subject to the conditions below: 1 2 The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit 05-002. 3. 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. 4. Development shall conform to the Village Mixed-Use (VMU) zoning requirements except as otherwise approved. `► ►l� :��:� ► 5. No animals shall be boarded on the property overnight. � ► •.� : � '�: ii ► ► :� •►� •► 10. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 11. The project shall provide complete compliance with State and Federal disabled access requirements. RESOLUTION NO. 05-1962 CUP 05-002 PAGE 4 12 13 14 15 16. Strong Motion Instrumentation Program (SMIP) fee; to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. - � •►� •► 17. Prior to issuance of a building permit, the applicant shall indicate the total volume and types of hazardous materials, including medical gases, to be used or stored on the property. The applicant shall include MSDS sheets for all items. 18. All medical gases shall be installed and operated under the provisions set forth in the California Fire Code. � �11-� � Ca���C�7:7:� � - : : ► i ►�� ► :1 •►� •► 19. The applicant shall remove and replace any broken or displaced curb, gutter and sidewalk across the project frontage. • -- --- --- --- -- - - --- --- ---- - -- ------- -- -- - • --- . ... . . . . �. � ��•� . � � , . � � � _ � . �• .. � _ � �:. ti . � 1, � � � All fire lanes must be posted and enforced, per Police Department and Fire Department Guidelines. The project shall have a fire flow of 1,500 gallons per minute for a duration of two (2) hours. Prior to occupancy, the applicant must provide an approved "security key vaulY' for all commercial units, per Building and Fire Department guidelines. Building permit fees; to be based on codes and rates in effect at the time of building permit issuance. zir-- --- --- --- -- - - - --- - -- -- --- - --- --- -r�!��wtr�- ... . .. . . - - - - . .. . - -:: : - � 22 23 ■i►�.�:i:�u:r"_�i��:�ir'_u t�l�lil�llil\i1�1�Nr_II�i1�li11lR�l�lll\'l�lti\7l�l�ill�Jir7l�il�lti�1l11 ►:�u►:w The applicant shall adhere to the City's trench cut policy for new asphalt. 24. All improvements shall be constructed to City of Arroyo Grande standards.