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PC R 07-2036RESOLUTION NO. 07-2036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING CONDITIONAL USE PERMIT CASE NO. 07-003, APPLIED FOR BY JOHN RUDA, LOCATED AT 130 SOUTH HALCYON ROAD, SUITE "C" WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 07-003, filed by John Ruda, to operate a small cat boarding facility on the second story of an existing office building WHEREAS, the Planning Commission has held a public hearing on this application in accordance with 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 the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the Office Mixed Use district pursuant to the provision of the Development Code section 16.36.030, 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. � � C! The proposed use will not impair the integrity and character of the district in which it is to be established or located. The site is suitable for the type and intensity of use or development that is proposed. 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. The proposed use is in line with the Development Code and current uses on the site. RESOLUTION NO. 07-2036 July 17, 2007 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 07-003, 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, seconded by Commissioner, and by the following roll call vote, to wit: AYES: Commissioners Tait, Keen, Marshall and Chair Ray NOES: None ABSENT: Commissioner Barneich the foregoing Resolution was adopted this 17 day of July 2007. ATTEST: ���� KATHY ML��VDOZA for LYN REARDON-SMITH, SECRETARY TO THE COMMISSION TO CQNTENT: ROB �TRON�;\ COMMUNITY DEVEC@P ENT DIRECTOR RESOLUTION NO. 07-2036 July 17, 2007 PAGE 3 EXHIBIT " A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 07-003 JOHN RUDA; 130 S. HALCYON ROAD, SUITE "C" • ►i ►i ► � ���`i��dJ�\:i�►��Id►��M This approval authorizes the operation of a small cat boarding facility on the second story of an existing office building. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on July 17, 2009 unless a building permit or certificate of occupancy 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. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of July 17, 2007. 4. There shall be no public vehicular access located at the rear of the property. 5. 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. � ► � •�: ►� ► 6. One (1) of the existing off-street parking spaces shall be dedicated as handicapped parking, according to current City standards. L- � �