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PC R 92-1362156 RESOLUTION �NO. 92 A RESOLUTION OF THE PLANNING COMIVIISSION .OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDED CONDITIONAL USE PERMIT, CASE NO. 89-458, FOR THE ROSE VICTORIAN INN, APPLIED FOR BY CASA TIERRA INVESTMENTS AT 789 VALLEY ROAD. WHEREAS, the Planning Commission of the City of Arroyo Grande has considerE�,�� Amended Conditional Use Permit Case No. 89-458, filed by Casa Tiena Investments, to allc�w� a revised parking plan, in the General Commercial District; 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) and has determined that a Negative Declaration can be adopted, and instructs the Secretary to file a Notice of Determination; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposerl use is permitted within the General Commercial zone 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 Anoyo Grande General Plan, and the development policies and standards of the City with the exception of paring space back-up area for which a variance has been granted. 2 � 4 5. The proposed use will not impair the integrity and character or the district in which it " is to be established or located. The site is suitable for the type and intensity of use and it can meet the parking requirements of the Development Code. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said amended conditional use permit, subject to the standard conditions of the City and those listed below: 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 January 21, 1994 unless a building permit is issued and substantial construction is commenced and diligently pursued toward completion, or a Certificate of Occupancy is issued. Thirty (30) days prior to the expiration of the approval, the applicant must apply to the Planning Commission for an extension of one (1) year from the original date of expiration if an extension of time is desired. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of 7anuary 21, 1992 and marked "Exhibit A". 1�5'7 Resolution No. 92-1362 Casa Tierra Investments/Rose Victorian Inn January 21, 1992 Page 2 , 4. 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 5. Development shall conform with the GC zoning requirements unless otherwise approved. � 7. 7a. All new paving between the main building and the former carriage house shall be concrete construction. One parking space and the proposed paving (with the exception of a sma11 triangular area by the existing deck) shall be eliminated in front of the former carriage house. The applicants may, at their discretion, eliminate one (1) parking space in the lot fronting Valley Road, with the intent to save the lemon trees. Parks and Recreation Department Conditions 8. Prior to clearing, grubbing, grading or commencement of any construction the applicant shall relocate the existing shed to a location approved by the Director of Parks and Recreation. 9. Prior to clearing, grubbing, grading, or commencement of any construction, the applicant shall, provide fencing in a location approved by the Director of Parks and Recreation around all trees to remain and as required by the Director of Parks and Recreation. No construction or storage of materials or equipment shall occur within the fences. ' On motion of Commissioner Carr, seconded by Commissioner Groves, and on the following roll call vote, to wit: AYES: Commissioners Carr, Moore, Boggess, Groves and Chairman Brandy NOES: None ABSTAIN: Commissioners Soto and Souza the foregoing Resolution was passed and adopted this 21 st day of January, 1992. ATTEST: . , , )��,..-o� M 1 n Leininge , Secre Dre Brandy, Chairm