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PC R 03-1887RESOLUTION NO. 03-1887 PAGE20F5 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 any adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Amended Conditional Use Permit 03-005, as shown in Exhibit " B" 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 Arnold, and by the following roll call vote, to wit: AYES: Commissioners Fowler, Arnold, Brown, Keen and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 15` day of July, 2003. ATTEST: � �E'-�Z��� � � LYN REARDON-SMITH, COMMISSION CLERK AS TO CONTENT: ROB S1`�RONG, COMMUNITY DEVE OPMENT DIRECTOR �IR RESOLUTION NO. 03-1887 PAGE30F5 EXHIBIT " A" CONDITIONS O� APPROVAL AMENDED CONDITIONAL USE PERMIT 03-005 504 EAST GRAND AVENUE • ►i ►� ► � • • ►� ► � ' ! : ►� ► GENERAL CONDITIONS: 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 Amended Conditional Use Permit 03-005. 3. This application shall automatically expire on January 15, 2004 unless it can be shown that all conditions of approval are satisfied upon an inspection to be conducted by the City' s Building and Fire Department. 4. 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. OCCUPANCY AND ACCESS: 5. The project shall comply with state requirements for occupancy limits and accessibility issues. This includes a maximum total occupancy of forty-nine persons (49), including employees. REQUIRED IMPROVEMENTS: 6. The applicant shall comply with the approved site plan for Conditional Use Permit 02-002, including parking and landscaping improvements. 7. The trash shall be enclosed so that it is effectively screened from public view with additional fencing or landscaping material in accordance to 16.48.120 of the Development Code. 8. The project must conform to all Performance Standards in Section 16.48.120 RESOLUTION NO. 03-1887 PAGE 4 OF 5 of the Development Code including those relating to air quality, noise, glare, hazardous materials and wastes, maintenance of open areas, mechanical and electrical equipment, and odors. 9. All non-conforming signage shall be removed or replaced with signage approved by Administrative Sign Permit within sixty (60) days of the date of approval. 10. The applicant shall remove the on-site portable storage building within sixty (60) days of the date of approval. 11. The applicant shall remove existing driveway ramp on Grand Avenue and install new City standard driveway ramp and sidewalk within six (6) months from the date of approval. 12. The applicant shall file an application for a Lot Merger to remove all lot lines that currently run under the footprint of the existing building within six (6) months of the date of approval. PERFORMANCE BOND: 13. The applicant shall post a performance bond within ten (10) days of the date of approval. All project improvements, excluding driveway replacement and lot merger, are to be completed within sixty (60) days of the date of approval. The driveway replacement and lot merger are to be completed within six (6) months of the date of approval. '�: � •► �► � � � •�: ►1 ► •► � �► 14. The applicant shall include City approved street trees in planting areas to the satisfaction of the Director of Parks, Recreation, and Facilities. � ► �►� � •�: ►� ► •►� �1��� 15. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. � •:, � ��: ►i ► •► � •► GENERAL IMPROVEMENT REQUIREMENTS: 16. The applicant shall pay all applicable City fees at the time they are due. 17. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. RESOLUTION NO. 03-1887 PAGE50F5 The flushing of dirt or debris to storm drain or sanitary sewer facilities shall no be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works. 18. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. PRIOR TO ISSUING A BUILDING PERMIT: 19. Prior to acceptance of the improvements, the applicant shall provide reproducible Mylar, 2 sets of prints of the approved record drawings (as builts) and electronic (e.g. AutoCAD) files where available. � RESOLUTION NO. 03-1887 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT 02-006; REZONING THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICT TO VILLAGE CORE DOWNTOWN, VILLAGE MIXED USE, VILLAGE RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL; REVISING LAND USE REGULATIONS IN TITLE 16 TO ADDRESS REQUIREMENTS FOR MIXED USE DISTRICTS AND APPROVAL PROCESSES WHEREAS, the City Council adopted the City of Arroyo Grande Development Code and revised zoning map, which became effective June 13, 1991, and indicated that modifications to the Development Code may occur to refine the document; and WHEREAS, the City Council of A rroyo G rande a dopted t he u pdated G eneral P lan o n which became effective on October 9, 2001 and requires a comprehensive review and necessary revisions to the Development Code and zoning map for consistency in accordance with Government Code Section 65860; and WHEREAS, The City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and WHEREAS, the Planning Commission has held public hearings on August 20; 2002, February 4, 2003, February 18, 2003, and April 1, 2003 to consider certain amendments to the Development Code concerning the Viltage Core land use designation for the purposes of General Plan consistency and implementation of its goals and policies; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Development Code Amendment 02-006 at a duly noticed public hearing on June 17, 2003, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the P lanning C ommission h as d etermined t hat t he f ollowing D evelopment Code Amendment findings can be made in an affirmative manner: A. The proposed change in zone and revisions to Title 16 will satisfy Objective LU6 of the Land Use Element of the General Plan, which states "The historic village core (VC) area shall be sustained, enhanced and expanded as the symbolic, functional and unique business center of the City, with diverse mixed uses emphasizing pedestrian-oriented activities and providing for the needs of residents and tourists", and is therefore desirable to implement the provisions of the general plan.