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PC R 04-1918RESOLUTION NO. 04-1918 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING PLOT PLAN REVIEW NO. 04-002 LOCATED AT 1037 EAST GRAND AVENUE, APPLIED FOR BY GARY ELLSWORTH WHEREAS, the applicant has filed Plot Plan Review No. 04-002 to establish a tattoo parlor located at 1037 East Grand Avenue; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Plot Plan Review No. 04-002 at a public hearing on March 16, 2004 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and Development Code; 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 under Sections 15301 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Plot Plan Review Criteria: 1. The project will be occupying an existing building or will require an addition to an existing structure that will not result in an increase of more than twenty-five (25) percent of the floor area of the structure before that addition, or five hundred (500) square feet, whichever is less, and 2. The proposed use is the same or similar in character to the existing use; and 3. The project is exempt from CEQA review and there is no possibility of a significant impact on the environment. Plot Plan Review Findings: 1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande General Plan; 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; RESOLUTION NO. 04-1918 PAGE 2 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Plot Plan Review 04-002 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 Fowler, seconded by Commissioner, Brown and by the following roll call vote, to wit: AYES: Commissioners Fowler, Brown, Keen and Chair Guthrie NOES: None ABSENT: Commissioner Arnold the foregoing Resolution was adopted this 16 day of March, 2004. ATTEST: �2 /v LYN ARDON-SMITH, SECRETARY TO THE COMMISSION AS TO �ONTEfy�: ROB' STRONG; COMMUNITY DEVEL MENT DIRECTOR GUTHRIE, CHAIR � � RESOLUTION NO. 04-1918 PAGE 3 �_ EXHIBIT "A" CONDITIONS OF APPROVAL PLOT PLAN REVIEW 04-002 1037 EAST GRAND AVENUE • ii ii ► � � • � ii ► � - _ ��i�il�►�� GENERAL CONDITIONS: 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 Plot Plan Review 04- 002. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of March 16, 2004 and marked Exhibit �� 4. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. /, i