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PC R 93-1435ItESOLUTION NO. 93-1435 A R�SOLUTION Or THE PLANNING COMMISSION OF TH� CITY OF ARROYO GRAND� RECOMMENDING THAT TI�IE CITY COUNCIL APPROV� CONDITIONAL USE PERMIT' CASE NO. 93-512, FOR A SALES OFFIC� TOIt RANCHO GRAND�, APPLIED TOR BY OTTS�, INC. AT 520 PALOS S�COS WHER�AS, the Planning Commission of the City of Arroyo Grande has considerecl Conditional Use Permit Case No. 93-512, filed by Ottse, Inc., for a 1056 square foot sales office for Ranctio Grande, in the Planned Development District; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WI�EREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmenta( documents associated therewith; and WHEREAS, tl�e Planning Commission lias reviewed tliis project in compliance with ttie California Environmental Quality Act (CEQA) and determined that it is Categorically Exempt per Section 15303 of the CEQA Guidelines; and WII�REAS, the Planning Commission finds, after due study, deliberation and public l�earing, tlie following circu►nstances exist: � 1. The proposed use is permitted within tf�e subject district pursuant to tf�e provisions of Section 9-03.050 of the Development Code, and complies with all applicable provisions of the Development Code, fhe goals and objectives of tl�e Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair tlie integrity and character of tl�e district in whicl� it is to be establisl�ed or located. Tl�e proposed use is temporary in nature and as sucli is compatible witli the developing character of tl�e neigliborhood. 3. The site is suitable for the type and intensity of use or development that is proposed. Adequale parking areas and setbacks can be provided for tt�e proposed use. 4: There are adequate provisions for water, sanitation, and public utilities and services to ensure the public l�ealth and safety. 5. Tl�e proposed use will not be detrimental to tl�e public I�ealth, safety, or welfare, or materially injurious to properties and improvements in tt�e vicinity. 6. T1�e setbacks as sl�ow�i on Exliibit "A" are adequate for t}ie proposed temporary use to protect the public health, safety and welfare. Because the use is temporary, it does not l�ave to meet the setback to Rancl�o Parkway specified in Resolution 2468. Resolution No. 93-1435 Conditional Use Permit Case No. 93-512 Ottse, Inc. October 5, 1993 Page Two NOW, THEREFORE, I3E IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that tl�e City Council approve 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 tliis project. 2. This application shall automatically expire on , 1995 unless a building permit is issued. Thirty (30) days prior to the exp'iration 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 , 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 , 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 , 1993 and marked "Exhiliit A" . 5. The applicant shall agree to defend at his/her sole expense any action brought against tl�e City, its agents, officers, or employees because of the issuance of said approval, or in tl�e 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 tt�e 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. 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. r� Resolutio,i No. 93-1435 Conditional Use Pei-�nit C�se No. 93-512 Ottse, L�c. Octobec 5, 1993 P�ge Three Tire llepartment Couditions 9. Tlie applicant sliall cornply witli all California handicap access requirements. 10. Tl�e applicant st�all comply witli applicable 1991 UIIC and UFC requirements. On motion of Commissioner Soto, seconded Uy Cornmissioner Keen, and on tlie following roll call vote, to wit: AYES: Commissioners Soto, Deviny, Hatcfiett, Keen, and Cl�airrnan Carr NOFS: None AI3SENT: Commissioners Tappan and Reilly tl�e foregoing Resolution was passed and adopted this Stl� day of October, 1993. ATTFST: �lo� �,�.,- 4�sv�v,� Nancy Brow , Commission Clerk Robert W. Carr, Chairman