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PC R 03-1879RESOLUTION NO. 03-1879 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 0 3-003, L OCATED A T 2 00 N ELSON S TREET, A PPLIED FOR BY CONNIE CETTI . WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for Conditional Use Permit Case No. 03-003, filed by Connie Cetti to convert the use of an existing residence to a retail use (antique store); and WHEREAS, t he P lanning C ommission h as held a public hearing 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 the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the proposed project is Categorically Exempt per Section 15301 of the CEQA Guidelines. WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Village Commercial 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 maintains the building maintains t he c haracter o f t he s urrounding r esidential uses and the commercial use is of low intensity . 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided. 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. RESOLUTION NO. 03-1879 JUNE 17, 2003 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the P lanning C ommission o f t he C ity o f Arroyo Grande hereby approves Conditional Use Permit Case No. 03-003, 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 Keen, seconded by Commissioner Arnold, and by the following roll call vote, to wit: AYES: Commissioners Keen, Arnold, Brown, Fowler and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 17�' day of June 2003. ATTE T: _ /����,T�(/h - �� L REARDON-SMITH, COMMISSION CLERK TO CO JAMES GUTHRIE, LR' ROB'STRONG, COMMUNITY DEVELOP FNT DIRECTOR RESOLUTION NO. 03-1879 JUNE 17, 2003 PAG E 3 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 03-003 CONNIE CETTI 200 NELSON STREET • ►i ►i ► � • ' i� ► � - : : �►�il���� ► :� •►� •► This approval authorizes an adaptive re-use of the residential building at 200 Nelson Street for the purposes of an antique store. 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 Case No. 03-003. 3. This application shall automatically expire on June 17, 2005 unless a building permit is issued. 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. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of June 17, 2003 and marked Exhibits "B". 5. The a pplicant s hall 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 e xpense i n the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. � •�►� ► •� 6. Development shall conform to t he V illage C ommercial z oning r equirements a nd Design Guidelines and Standards for Historic Districts except as otherwise approved. � 7. Signage shall be subject to the requirements of Development Code Chapter 16.60. RESOLUTION NO. 03-1879 JUNE 17, 2003 PAGE 4 8. An in lieu parking fee of $4,500 shall be paid to the City for the exemption of one off-street parking space. ARCHITECTURAL REVIEW 9. The block wall on the southwest of the property shall be demolished. ►• 10. Construction shall be limited to befinreen the hours of 8 a.m. and 6 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday. No construction shall occur on Sunday. . ► 11. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. �_r�: 12. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. • � �_ 13. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 14. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". � 15. 16. All electrical panel boxes shall be installed inside the building. The applicant shall post handicapped parking, per Police Department and Community Development Director requirements. BUILDING AND FIRE DEPARTMENT 17. 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 RESOLUTION NO. 03-1879 JUNE 17, 2003 PAG E 5 City of Arroyo Grande. ' � •:. � '_: ►� ► ► :� ►I':• 11 ► : � C 11 \ 18. Site Maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works. 19. Fncroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 20. F�� - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the RESOLUTION NO. 03-1879 JUNE 17, 2003 PAGE 6 . date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. UTILITIES 21. All new public utilities shall be installed as underground facilities. 22. The existing public overhead utilities from the pole at the corner of Short Street and Nelson street shall be placed underground. �