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PC R 99-1725� i RESOLUTION NO. 99-1725 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT AMENDMENT CASE NO. 99-001, LOCATED AT 136 BRIDGE STREET, APPLIED FOR BY CAREY JAMES WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Amendment Case No. 99-001, filed by Carey James, to amend Conditional Use Permit 99-004 to change the use on the second floor from residential to office commercial; and WHEREAS, the Planning Commission has 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 15303 of the CEQA Guidelines; and 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 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 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 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. 99-1725 Conditional Use Permit Amendment No. 99-001 January 4, 2000 Page 2 Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Review Guideleines: for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the size and design are consistent with other buildings in the vicinity. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Amendment Case No. 99- 001, 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 London, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioner Costello, Keen and London NOES: None ABSENT: Chair Greene, Vice Chair Parker the foregoing Resolution was adopted this 4 day of January, 2000 ATTEST: ��i c�o � �'�.�� , Kathleen Fryer, Comm s ion Clerk Laurence Greene, Chair AS TO CONTENT: C Kerry c nts, Community Development Director i�:�:ii:3��r_� CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT AMENDMENT CASE NO. 99-001 Carey James 136 Bridge Street GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes an amendment to Conditional Use Permit 99-004 to change the use on the second floor from residential to office commercial, located at 136 Bridge Street, Arroyo Grande, California. 1. 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 all conditions of approval for Conditional Use Permit Amendment Case No. 99-001. 3. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 99-004. 4. This application shall automatically expire on January 4, 2002 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. 5. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of January 4, 2000 and marked Exhibit „ 6. 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. 7. The applicant shall be subject to all currently applicable development fees. � V`