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R 3010 . .. RESOLUTION NO. 3010 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 93-512, FOR A SALES OFFICE FOR RANCHO GRANDE, APPLIED FOR BY OTTSE, INC. AT 520 PALOS SECOS WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit Case No. 93-512, filed by Ottse, Inc., for a 1056 square foot sales office for Rancho I Grande, in the Planned Development District; and I I ! WHEREAS, on October 5, 1993 the Planning Commission has held a public hearing on - this application in accordance with the City Code; and WHEREAS, after due study, deliberation and public hearing, the Planning Commission recommended approval of Conditional Use Permit Case No. 53-512 to the City Council; and WHEREAS, the City Council has held a public hearing on this application in accordance with City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and " - WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and determined that it is Categorically Exempt per Section 15303 of the CEQA Guidelines; and WIIERE~S, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 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 aU 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. The proposed use is temporary in nature and as such is compatible with the developing character of the neighborhood. 3. The site is suitable for the type and intensity of use or development that is proposed. Adequate parking areas and setbacks can be provided for the proposed use. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 5. The proposed us~ ;will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. . .. Resolution No. 3010 Conditional Use Pennit Case No. 93-512 Ottse, Inc. October 26, 1993 Page Two 6. The setbacks as shown on Exhibit "A" are adequate for the proposed temporary use to protect the public health, safety and welfare. Because the use is temporary, it does not have to meet the setback to Rancho Parkway specified in Resolution 2468. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves said conditional use permit, subject to the following conditions: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on October 26, 1995 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. 3. This conditional use permit shall expire, the use shall be terminated, and the sales office shall be removed on October 26, 1998 or upon sale of 90 percent of the combined number of lots in tract 1834, 1994, and 1997 which ever occurs first. If 90 percent of the lots are not sold by August 26, 1998, the applicant may apply to the City Council for an extension of the Conditional Use Permit. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of October 26, 1993 and marked "Exhibit A". 5. 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. Planning Department Conditions 6. Development shall conform with the PD 1.2 zoning requirements and the requirements of City Council Resolution Number 2468 unless otherwise approved. 7. Signage shall be.subject to the requirements of Chapter 9-13 of the Development Code. '--." --..- -. . . Resolution No. 3010 Conditional Use Pennit Case No. 93-512 Ottse, Inc. October 26, 1993 Page Three .. 8. All parking spaces, drives and aisles shall comply with the requirements of Chapter 9-12 of the Development Code. However, concrete curbs shall not be required between paved surfaces and landscaping due to the temporary nature of the use. i I - Fire Department Conditions 9. The applicant shall comply with all California handicap access requirements. 10. The applicant shall comply with applicable 1991 UBC and UFC requirements. On motion of Council Member Burke , seconded by Council Member Brandy , and by the following roll call vote, to wit: A YES: Council Members Burke, Brandy, Souza, Moots and Mayor Gallagher NOES: None ABSENT: None the foregoing Resolution was adopted this 26th day of October, 1993. twv QLL;, -( MA TTIIEW PETER GALL YOR ATTEST: --- . ~a.~ NANCY A. VIS, CITY CLERK APPROVED AS ~. t CITY A TIORNEY ; ..._,~" ---.---....'...-..,--..-..- RESOIA~ION NO. 30]0 I, NANCY A. DAVIS, city Clerk of the city of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 3010 was passed and adopted at a regular meeting of said Council on the 26th day of October, 1993. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 1st day of November , 1993. N VIS,. CITY CLERK